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HomeMy WebLinkAboutCC 2010-10-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 14, 2010 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Dort, 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 October 14, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 10-00931 9:00 A.M. PRESENTATION Honoree Retirees Danette Perez Pilar Saenz Gonzalez Girl Power Thema Campbell Presenter Protocol Item Commissioner Gort Certificates of Appreciation Certificates of Appreciation Commissioner Dunn II Certificates of Appreciation 10-00931 Protocol.pdf Chair Sarnoff We will now make the presentations and proclamations. Presentations made. Mayor Regalado and Commissioner Gort presented a Key to the City to Francisco Antonio Pena Perez, Mayor of the City of West Santo Domingo, who thanked the Mayor and Commissioners for the special recognition and expressed his appreciation for the chance to exchange ideas with the City ofMiami. Commissioner Gort presented a Certificate of Appreciation to Danette Perez, honoring her twenty-four years of excellent work performance and high level of professionalism, and applauded her outstanding commitment to enhancing the quality of life for our neighborhoods. Commissioner Gort presented a Certificate of Appreciation to Pilar Saenz Gonzalez, honoring her twenty-two years of excellent work performance and high level of professionalism, and applauded her outstanding commitment to enhancing the quality of life for our neighborhoods. Commissioner Dunn presented a Certificate of Appreciation to Thema Campbell, President and C.E.O. of World Literacy Crusade of Florida, for her outstanding leadership skills in improving the social and academic skills of at -risk girls in Miami Dade County, and applauded her efforts to implement critical intervention strategies through WLC's Girl Power Program. Commissioner Suarez saluted Tinima Restaurant and extended the City of Miami's best wishes on the occasion of its Grand Opening Celebration, hailing this new venue as a catalyst for delicious international cuisine in addition to an establishment that promises to enhance economic growth in South Florida. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Chairman Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 14th day of October 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 9:33 a.m., recessed at 11:29 a.m., reconvened at 11:46 a.m., recessed at 12:31 p.m., reconvened at 2: 46p.m., recessed at 5:27 p.m., reconvened at 10: 08 p.m., and adjourned at 10: 09 p.m. City ofMiami Page 3 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 MAYORAL VETOES Note for the record: Vice Chair Carollo entered the chambers at 9: 37 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk Chair Sarnoff I want to welcome everybody to the October 14, 2010, meeting of the City of Miami Commission in these historic chambers. The members of the City ofMiami Commission are Frank Carollo, the Vice Chair, Frances Suarez, Wedo Gort, Richard P. Dunn, and myself, Marc David Sarnoff, the Chairman. Also on the dais are Carlos A. Migoya, the City Manager; Julie O. Bru, the City Attorney; and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Dunn. [Later... Chair Sarnoff And now the meeting will be opened with a prayer by Commissioner Dunn. Invocation and pledge of allegiance delivered. NO MAYORAL VETOES Chair Sarnoff All right. At this time, the City Commission will consider any mayoral vetoes. Priscilla A. Thompson (City Clerk): Excuse me, Chair, ifI might. Chair Sarnoff Yes, ma'am. Ms. Thompson: If we can dispense with our housekeeping issues of the mayoral vetoes and the minutes, I thank you. Chair Sarnoff That's where I was headed to. Are there any mayoral vetoes? Ms. Thompson: No, there are not. Chair Sarnoff Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 4 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff And are there any minutes we need to determine? Priscilla A. Thompson (City Clerk): Yes, sir. You have on your agenda the special meeting of September 14, the first budget hearing of September 14, and the regular meeting of September 16. Chair Sarnoff Okay, now I can understand why this Commission looks so tired. Commissioner Suarez: So 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, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Ms. Thompson: Thank you. END OF APPROVING MINUTES ORDER OF THE DAY Chair Sarnoff We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam City Clerk, Mr. Manager, and members of the public. Welcome to the City Commission meeting. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours and at the City Clerk's office. You can also find it online at www.miamigov.com. Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones, beepers. If anybody has one of those or any other noise -making devices, please silence them now. And any person who makes offensive remarks or becomes unruly will be barred from further attending Commission meetings. Anybody who needs to address the Commission -- if you have any kind of disability and you wish to have an auxiliary aid, please see the City Clerk. The lunch recess will begin at the conclusion of deliberations of the agenda item being considered at noon, unless the Chairman indicates otherwise. And we also have a Planning and Zoning meeting in this meeting today. We have some items that are P&Z that will not be considered before 10. Thank you. [Later...] Chair Sarnoff Mr. Manager, first from you, are there any issues you wish to defer, mod, or change with regard to the agenda? Carlos A. Migoya (City Manager): Yes, sir. We have two items we'd like to continue to November 18. That would be CA.2 andDl1. Chair Sarnoff All right. And those would be -- City ofMiami Page 5 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Commissioner Gort: DI.1 ? Mr. Migoya: DI.1. Chair Sarnoff Those are continuances to the next -- Commissioner Dunn: Mr. Chair. Mr. Migoya: For the next meeting, November 18. Chair Sarnoff November 18. Commissioner Dunn, you're recognized for the record. Commissioner Dunn: For the consent agenda, I want to pull for discussions CA.7, CA.8, and CA.13. Chair Sarnoff All right. Any other Commissioners wish to make any modifications to the agenda? Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. Right now, are you writing down the ones that we're pullingfrom the CA (Consent Agenda) -- from the consent agenda also? Chair Sarnoff Yeah, he -- Commissioner Dunn kind of beat us to that, but 7, 8, 13 so far. Vice Chair Carollo: Okay. I want to pull CA.1, CA.4, CA.5, and CA.13. Chair Sarnoff 13 has already been moved -- or there's already -- Commissioner Dunn: Yes. Chair Sarnoff -- a motion on 13. All right, so we have right now 1, 4, 5, 7, 8. Commissioner Gort, you're rec -- Commissioner Gort: I was going to pull 1 also. Chair Sarnoff Okay. Anybody else have any other issues they wish to mod, change, or present in a different format? All right, so right now, gentlemen, you have a motion to continue - - is it CA.2, Mr. Manager? Mr. Migoya: Yes. Chair Sarnoff CA.2, DI.1 to November 18. And we are pullingfrom the consent agenda items 1, 4, 5, 7, 8, and 13. Do I have a motion? Commissioner Gort: Move it. Vice Chair Carollo: Second. Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Sarnoff All right. We have a motion by Commissioner Gort, second by the Vice Chair. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 6 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 CA.1 10-01102 Department of Capital Improvements Program Chair Sarnoff Okay, you have a unanimous vote. CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A REIMBURSEMENT GRANT, IN AN AMOUNT NOT TO EXCEED FORTY-EIGHT THOUSAND DOLLARS ($48,000) ("REIMBURSEMENT GRANT"), FROM MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION ("MPO"); AUTHORIZING THE CITY OF MIAMI ("CITY") TO PROVIDE MATCHING FUNDS FOR THE REIMBURSEMENT GRANT, IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND DOLLARS ($12,000) ("CITY'S MATCHING FUNDS"), FOR THE PREPARATION OF A HEALTH DISTRICT BICYCLE AND PEDESTRIAN MOBILITY STUDY ("STUDY"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT FOR FISCAL YEAR 2010-2011 ENTITLED: "HEALTH DISTRICT BICYCLE AND PEDESTRIAN MOBILITY STUDY" AND APPROPRIATING FUNDS NOT TO EXCEED THE AMOUNT OF FORTY-EIGHT THOUSAND DOLLARS ($48,000), FROM THE REIMBURSEMENT GRANT AND FUNDS NOT TO EXCEED THE AMOUNT OF TWELVE THOUSAND DOLLARS ($12,000), FROM THE CITY'S MATCHING FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, THE INTERLOCAL AGREEMENT WITH MPO ("INTERLOCAL AGREEMENT), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS FOR COMPLIANCE WITH AND IMPLEMENTATION OF THE REIMBURSEMENT GRANT AND TO UNDERTAKE THE STUDY WITH THE ASSISTANCE OF HNTB CORPORATION, WITH CONDITIONS AS STATED HEREIN; AUTHORIZING THE EXPENDITURES OF THE REIMBURSEMENT GRANT FUNDS AND THE CITY'S MATCHING FUNDS FOR COMPLIANCE WITH THE INTERLOCAL AGREEMENT AND IMPLEMENTATION OF THE STUDY, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED REIMBURSEMENT GRANT AWARD IS REDUCED OR INCREASED. 10-01102 Summary Form.pdf 10-01102 Pre Legislation.pdf 10-01102 Pre Exhibit.pdf 10-01102 Legislation.pdf 10-01102 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0439 Chair Sarnoff All right. Let's move on to CA.1. Who wishes to be recognized? City ofMiami Page 7 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Vice Chair Carollo: I do, Mr. Chairman. Just give me a second, please. Chair Sarnoff Ms. Bravo, just put your name on the record and do a slight -- do a presentation, if you would. Alice Bravo (Director): Good morning. Alice Bravo with the Capital Improvements Department. CA.1 is an item to accept grants in the amount of $48, 000 from the Miami -Dade Metropolitan Planning Organization, and the purpose of the grant is for the City to conduct a study of bicycle and pedestrian mobility issues in the health district surrounding Jackson Hospital. And the grant requires a 20 percent match from the City in the amount of $12, 000. Vice Chair Carollo: Mr. Chairman Chair Sarnoff The Vice Chair is recognized. Vice Chair Carollo: Where is the match coming from? Ms. Bravo: The match is coming from the revenues that the City receives from the half -cent sales tax. Vice Chair Carollo: Okay. I ordered -- or I asked through the City Manager ifI could have the amounts that were allocated in 2010 and the expenditures, and then what is the proposed budget in revenues to receive for the budget year 2011, and what is expected to be expensed. Ms. Bravo: All right. And -- Vice Chair Carollo: And the reason being is because these are citywide funds, and this is the second time -- I know last time it was pulled, but this is the second time that we're tapping into these fundings [sic]. The first time, like I said, was in the previous regular meeting, and the item was either deferred or continued or so forth. Andl want to get a little bit more understanding of you know, how much revenues we're expecting to receive from -- you know, from the half -cent transportation, and at the same time, what is our plan on spending. Ms. Bravo: Right. To date, the collections for fiscal year 2010 have been in the amount of $9 million, approximately. And our projections for fiscal year 2010 were actually $12 million, so projections are slightly less. And the majority of these funds go to pay our bond obligations for the street bonds. And then there's a residual amount that we've accumulated -- the City's supposed to use 20 percent of the revenues received from the half -cent sales tax towards transit initiatives, so the City has been accumulating that 20 percent allotment, the majority of which is supposed to be used for the trolley routes that we'll be implementing in the future. Vice Chair Carollo: Right, and that's where I'm going with that. Andl would imagine it's in a special revenue fund right now, those amounts that are being --? Ms. Bravo: Yes. Vice Chair Carollo: Okay. With that said -- and that's where I'm going with the trolley routes. Listen, I have no issue, whatsoever, with the health district. As a matter of fact, I'd like to tap into it and see how we could, you know, if possible, have a trolley route from the health district and all that area which has a lot of workers, employees, and see if we could establish some type of trolley route from there into the new ballpark. Not necessarily for the games, but necessarily for the retail when we have that in the parking. You know, a few months back, I remember speaking with regards to what are we doing to revitalize that area. And the reason why -- even $12, 000I'm looking at closely is because unfortunately, in that area, I don't see too much funding sources to tap. We don't have a CRA (Community Redevelopment Agency) and the City ofMiami Page 8 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 bottom line is that in order to revitalize that area, we also need to invest some money. Yes, the Marlins stadium is a good catalyst to start, you know, revitalizing all that area. But at the same time, you know, we have parking garages that are going to have retail. Andl need to make sure -- see ifI could get the Brickell area -- the area from the health district over -- I'm sorry -- to that area. And I'm just wondering and starting to, you know, be a little bit innovative, how am I going to find fundings [sic] in order to do that? And that's why even $12, 000I'm looking at closely because I want to make sure there's enough funding by 2012 to -- in order to establish all this and really have that whole area revitalized and make a move forward Ms. Bravo: Well, certainly, this study -- the funds that we're being awarded from the MPO (Metropolitan Planning Organization), that's something that we could look at as part of this study, connectivity with the stadium area and the retail that's going to take place there. And additionally, we have received grants from FDOT (Florida Department of Transportation) for the trolley service around the health district itself that could accommodate a route to that area, and we can evaluate that. Vice Chair Carollo: But that's where I'm going with -- around the health district. But how do we move that, you know, a little further west so, you know, it keeps growing and it's not just, you know, in different pockets. And it seems to me like the same areas do not receive the funding, or at least, you know, cannot prosper from grants or from taxes or so forth. It seems to always be going to the same areas. And in order to revitalize, you know, that whole area, I'm really -- I'm scrounging now looking for funding sources here and there because, like I said, I mean, we don't have a CRA, you know, so I'm scrounging. So that's why every -- even this $12,000 -- and to be honest with you, I think enough of you have seen me at different bicycle events and so forth, so nothing against bicycle, nothing against pedestrians, nothing against the health district. I actually -- I want to improve it. I want to give them another option for them to come over to our area and revitalize that -- Ms. Bravo: Right. Vice Chair Carollo: -- you know, Little Havana Marlin [sic] Park area. Ms. Bravo: Andl think the proximity of the health district to the area around the Marlins stadium creates that nexus for -- Vice Chair Carollo: Of course. Ms. Bravo: -- evaluating that under the study. Vice Chair Carollo: Of course. Andl just want to make sure everyone has the vision and starts seeing in the future, and some of these monies, we need to be able to tap in the right sources to make the City grow and to actually have the vision to really make this one of the -- and it really is. It's a really well-known city, butl think we can make it great. And you know, I'm just cautioning everybody, when we start spending some of these monies and, you know, if -- to see the bigger picture, I guess is what I'm saying. Thank you. Commissioner Gort: Vice Chairman, I just want you to know about 25 years ago, I did an analysis, a traffic study, utilizing trolley cars connecting Little Havana with the downtown and so on, so I think that's something -- it's about time it comes forward There should be a way like -- in visiting different people the other day, I have a complaint of someone talking about the public transportation within the City ofMiami, which we have a lot more indigent individuals that don't have cars, they don't have -- they can't pay the insurance; can't afford it. They need the public transportation. And unfortunately, because of the County, they're cutting down on their expenses and the public transportation. So I think that we need to support this trolley and try to improve it as much as we can. And connect all the businesses within the City ofMiami so City ofMiami Page 9 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 people can go from one place to the other one. My question on this item was the second resolution about the eight hundred and some thousand and -- I was a little confused. Ms. Bravo: Yeah. The resolution from '08 is inserted there for reference. That's the resolution that authorized the contracts for the miscellaneous services, and one of those consultants, HNTB (Howard, Needles, Tammen & BergendofJ), will be receiving this assignment. Commissioner Gort: But that was passed way before in -- Ms. Bravo: Correct. Commissioner Gort: -- 2008. It's not being passed today? Ms. Bravo: Correct. Commissioner Gort: Okay, thank you. Chair Sarnoff All right. Any further discussion on CA.1 ? Do we have a motion on CA.1 ? Commissioner Gort: Move it. Chair Sarnoff Motion by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Gort. Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. Any further discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Ms. Bravo: Thank you. CA.2 RESOLUTION 10-01103 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED JULY 20, 2010, PURSUANT TO INVITATION FOR BID NO. 220227, FOR THE PROCUREMENT OF TOUGHBOOKS AND MOUNTING HARDWARE, FOR THE DEPARTMENT OF POLICE, FROM THE TWO LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS ON A GROUP BY GROUP BASIS, FROM STEWART STAFFING SUPPORT SERVICES, INC., FOR GROUP 1-TOUGHBOOKS, IN THE AMOUNT OF $343,200, AND FROM PC MALL GOV, INC., FOR GROUP 2-MOUNTING HARDWARE, IN THE AMOUNT OF $55,278.15 ; ALLOCATING FUNDS FROM ACCOUNT CODE P=19-900001, T=02, A=1623, E=664000, 0=191501. City ofMiami Page 10 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 10-01103 Summary Form.pdf 10-01103 Award Recommendation. pdf 10-01103 Tabulation of Bids.pdf 10-01103 Addendum 1.pdf 10-01103 Notification Details. pdf 10-01103 Invitation for Bid 1.pdf 10-01103 Invitation for Bid 2.pdf 10-01103 Invitation for Bid 3.pdf 10-01103 Legislation. pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II CA.3 RESOLUTION 10-01104 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Works CITY MANAGER TO ACCEPT THE DONATION OF VARIOUS STREET IMPROVEMENTS ALONG SOUTHEAST 12TH STREET, MIAMI, FLORIDA, FROM 1111 BRICKELL OFFICE, LLC, TO INCLUDE A TRAFFIC CIRCLE AT THE INTERSECTION OF BRICKELL BAY DRIVE AND SOUTHEAST 12TH STREET, MIAMI, FLORIDA, RAISED CURB AND LANDSCAPED AREAS, AND SIGNAGE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-01104 Summary Form.pdf 10-01104 Letter.pdf 10-01104 Street Modifications Plan.pdf 10-01104 Letter from City of Miami.pdf 10-01104 Letter from Miami Dade County.pdf 10-01104 Letter from former City Manager 1.pdf 10-01104 Letter from former City Manager.pdf 10-01104 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0451 CA.4 RESOLUTION 10-01105 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Recreation ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT FOR FISCAL YEAR 2010-2011 ENTITLED: "CHILD DAY CARE FOOD PROGRAM" AND APPROPRIATING FUNDS IN THE ESTIMATED AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000), CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH BUREAU OF CHILD NUTRITION PROGRAMS CHILD CARE FOOD PROGRAM ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM (CFDA# 10.558); AUTHORIZING THE CITY City ofMiami Page 11 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 MANAGER TO ACCEPT SUCH ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS AND TO EXECUTE THE FISCAL YEAR 2010-2011 CONTRACT (INCLUDING ALL ATTACHMENTS AND AMENDMENTS THERETO, COLLECTIVELY THE "FISCAL YEAR 2010-2011 CONTRACT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS FOR COMPLIANCE WITH AND OPERATIONS OF A YEAR-ROUND FOOD SERVICE PROGRAM (THE "PROGRAM") FOR PRESCHOOL AGED CHILDREN IN THE CITY OF MIAMI PARKS, WITH CONDITIONS AS STATED HEREIN; AUTHORIZING THE EXPENDITURE OF THE ENTITLEMENT FUNDS FOR THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED ENTITLEMENT AWARD IS REDUCED OR INCREASED. 10-01105 Summary Form.pdf 10-01105 Legislation.pdf 10-01105 Exhibit.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) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-1 0-0440 Chair Sarnoff All right, CA -- Vice Chair Carollo: 4. Chair Sarnoff -- 4. Thank you. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. CA.4 is a resolution establishing a special revenue project for the City's child day care. Chair Sarnoff All right. Is there a motion on CA.4? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair is recognized. Commissioner Dunn: So move. Chair Sarnoff And we have a motion by Commissioner Dunn. Let's get a second for the record. Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. You're recognized for the record, the Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. Mr. Burkeen, it's my understanding this is for a year-round food service program for preschool -aged children in the City ofMiami parks. Mr. Burkeen: The child day care, yes. Vice Chair Carollo: How many are in District 3? City ofMiami Page 12 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Mr. Burkeen: There aren't any. Vice Chair Carollo: I guess in the last meeting, we were in this same situation. Who chooses the day cares of the City parks? Mr. Burkeen: You have three established day cares that have been in existence for the past 50 years. Vice Chair Carollo: And can we grow that? Is there a possibility or are we stuck with those three, and that's it, it can never grow or we can never have another day care or --? Mr. Burkeen: You can have another day care, yes. You can have as many as you like. Vice Chair Carollo: Well, my issue is that it seems to me that every time a grant comes before us that deals with City parks, District 3 seems to either receive very little funding or no funding whatsoever. Andl see it once again. And my frustration keeps growing, keeps growing, keeps growing, andl -- honestly, I really don't know how to keep voicing that frustration. As a matter of fact, I have a discussion item from the last meeting with regards to food for the children, the grant, and supposedly, you were going to work with me. I wanted to have a follow-up on that and see where you were. Mr. Burkeen: The park in question is Jose Marti, and Jose Marti does receive snacks sponsored by Amigos for Kids, and they've received snacks from the very outset. Jose Marti has always received snacks, with the exception of this year, through the grant because the Department of Housing had a special requirement. They wanted a certificate of use. We didn't have a number of those and we're working on those. And as we get certificate of use, we'll be able to add those sites. You have two sites, Jose Marti and Henderson. I expect to have Henderson and Jose Marti by the end of the week. Once I get that, they'll be added. But Jose Marti has always received snacks. It's not that they don't get snacks. Vice Chair Carollo: Who decides the certificate of use, what order, which park receives them, who comes first, which parks comes first, and so forth? Mr. Burkeen: It wasn't -- had anything to do with that. We didn't know anything about a certificate of use. We've never had to have one before. It has to do with having a fire inspection. So we had to go through and research to see what parks had a certificate of use, what didn't. So some parks had them, most of them didn't. And we've been adding them ever since. Yours, of course, is right at the top, because you remind me all the time. Vice Chair Carollo: And I'm going to keep reminding you because, in the last Commission meeting, I clearly asked you from that grant money, how many parks in District 3, and you answered one, Jose Marti. And then I clearly corrected you and said, no. From the memo that you provided me, no parks. Mr. Burkeen: That's correct. Vice Chair Carollo: And if it's no parks, then, yes, I have a problem. And once again, we have CA.4, a new item, that it clearly states here year-round food service programs for preschool -aged children in the City ofMiami parks. Once again, I asked the question, how many in District 3? And the answer is, none. So, yes, I'm going to continue to have a problem with it because the answer keeps saying -- the answer keeps being none. Andl want to see -- and I'm asking, what is your suggestion? How can we improve this? Mr. Burkeen: I think I just said to you that sometime by the end of this week, I should have a certificate of use for both Henderson and Jose Marti. Once I get that certificate of use, we will City ofMiami Page 13 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 add to the grant those two sites. At which point in time, you will be a part of that grant. Vice Chair Carollo: Okay. Chair Sarnoff All right, so we're on CA.4. Is there any further discussion on CA.4, as we've had a motion and a second? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. CA.5 RESOLUTION 10-01106 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: " FISCAL YEAR 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $570,208, TO PROVIDE FUNDING FOR TECHNOLOGY ACQUISITION AND EQUIPMENT IMPROVEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 10-01106 Summary Form.pdf 10-01106 Legislation.pdf 10-01106 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0441 Chair Sarnoff CA.5. Steven Caceres: Good morning, Commissioners. Steven Caceres, Major, Police, for the City of Miami Police Department. CA.5 is a resolution establishing a new special revenue project, entitled "Fiscal Year 2010 Edward Byrne Memorial Justice Assistance Grant Program." This is accepting a grant in the amount of $570,208. No matching funds. Chair Sarnoff All right. Is there a motion on CA.5? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff We have a motion on CA.5 by Commissioner Dunn, second by Commissioner Gort. Any discussion, gentlemen? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff The Vice Chair is recognized. Vice Chair Carollo: Thank you. The amount for this grant is 570, 000, correct? City ofMiami Page 14 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Major Caceres: Correct. Vice Chair Carollo: Half a million dollars -- or over half a million dollars. My question was can some of this funding be used for police vehicles? Major Caceres: This grant, when originally was put in place, it was all for technology. And I'll ask the grant administrator if we can make any modifications, but at the time that we put this grant, the need for laptops was a necessity to provide better service to the City ofMiami. And this grant was written under the technology portion, but can ask the grant administrator. Vice Chair Carollo: Please. Luis Cabrera: Good morning. Deputy Chief Cabrera. When we put in for the grant, we put in for the technologies part of it. We can use it for vehicles, but we could only use it to supplement, not to supplant. The issue is if -- with this grant that if we generally fund these vehicles through operations, then we must continue. If we have an excess of vehicles we need to provide after the operations' costs, then we can use it as a supplement but not to supplant. It's specific to that grant. Vice Chair Carollo: I'm sorry. I'm sorry, chief. Can you restate that again? Deputy Chief Cabrera: Okay. The grant is very specific with the use. Initially, we had put in for technologies because we couldn't purchase vehicles with it because it would be supplanting, 'cause usually vehicles are purchased out of the general fund The grant doesn't allow you to supplant monies. You can supplement. Meaning, if you hire additional personnel, there's additional needs past what you usually fund through the operations' costs, then you can do that. We went the technology route because we have back -- our laptops have not been replaced for six years. They're deteriorating, and there was a need. So we went and -- we put in the grant. We specifically requested for technology use because the vehicles were not something at that time that were not going to be funded through the general budget. Vice Chair Carollo: Okay. And the reason why I'm asking these questions is because during the budget process, I remember that we had -- we were going to have a capital expenditure of about two point something million, and we actually reduced it from four point something million for police vehicles. And you know, since I've been here, I'm seeing quite a few of these grants coming through to the police department for a large amount of money -- Deputy Chief Cabrera: Correct. Vice Chair Carollo: -- and I'm wondering, well, you know, can we use some of these grants for the police vehicles and so forth? Deputy Chief Cabrera: In the future, it is an option that we do have, but we have to make sure that we use it as a supplement to whatever the general budget funds. So in the future, yes, and we're going to look at doing that. But currently, because of the fact that we've already funding the police vehicles through the general fund, we couldn't supplant. So we went the technology route, which is a great need that we have right now. Vice Chair Carollo: And it's my understanding, Mr. Manager, and correct me if I'm wrong, the monies for the police vehicles were actually to replace current police vehicles; it wasn't additional police vehicles, correct? Carlos A. Migoya (City Manager): That is correct. It's to replace vehicles that are either totalled out or vehicles that are old. So we have a need to replace approximately 200 vehicles at City ofMiami Page 15 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 this point. Vice Chair Carollo: Okay. Mr. Migoya: Which we've already -- we're in the process of ordering the first 100, by the way. Vice Chair Carollo: Thank you. And -- Miguel Exposito (Chief of Police): Just to clarify one other issue is we have been in touch with the Department of Justice to get clarification on the police vehicles. We have not gotten a straight answer from them as of yet, but we're still working on that, so I think that's important to -- that we also share that with you. Vice Chair Carollo: Thankyou, chief andl appreciate that. And again, I'm just seeing, you now, if we could fund some of the police vehicles or some of the, you know, needs that we saw in the last budget. I mean, it was actually supposed to be more, and we had to cut it down to two point something million. Mr. Migoya: I think it's in the three -something range, but you're accurate. I mean, it was 4.7, and we had to drop it. Vice Chair Carollo: Right. So I'm just seeing these grants coming by. Andl think technology is great, and you know, we all use it and so forth. But you know, I'm just wondering if there could be grants out there for police vehicles or to, you know, subsidize some of the monies from the general fund that we're spending for, you know, the, you know, police vehicles, and just the necessity of -- Chief Exposito: No. We will -- Vice Chair Carollo: -- everyday necessity. Chief Exposito: -- continue to reach out to the Department ofJustice. And any time we know of any grants, and we're constantly searching that it's something that can assist us with our budget, and particularly with the situation we're going through now, we certainly do that. Vice Chair Carollo: Thankyou, chief. Chief Exposito: Thank you. Chair Sarnoff Mr. Manager or the chief are you still looking at going after the Interceptor police cars or are you looking at the Impalas? Chief Exposito: The Impalas is a problem. I mean, the Impalas was a good idea, at least the way we saw it at the time. Fleet was under my area of responsibility. And we looked at the Impalas, but once we started using the Impalas, it created a big problem because there's not a lot of space in the backseat. And we were having problems transporting prisoners in those vehicles. So we're looking at going back to the Interceptors. Chair Sarnoff How, then, does New York City, Philadelphia, Los Angeles, do they do that with Impalas, because they're only buying Impalas? Chief Exposito: I'm not sure if they have transport units that do that for them. We have transport units, but not enough to -- where we don't utilize our police vehicles for transportation. But it was a problem. And one of the reasons we looked at the Impalas in the first place is because Ford kept telling us that they were going to stop making the Crown Victorias. Every City ofMiami Page 16 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 year now they say, no. Well, we were thinking about doing that, but now we're going to go ahead and make them, and that's the same thing that happened this year. Chair Sarnoff And the reason I bring it up, I did a little bit of research into this. A Crown Victoria versus an Impala is about $3, 800 more per vehicle. There's a modification to the Impala to transport prisoners. New York City uses that modification. Philadelphia uses that modification, and Los Angeles. I'd say sizable police forces. And l just wondering if you could save 3 to $4, 000 per vehicle, it wouldn't be better suited to use, you know, those vehicles, and then you get so much more with the money that we have and your need is fulled, and I'm a little less concerned about an arrestee's comfort. Chief Exposito: Well, I mean, that's our main issue, but there are other issues. These are front -wheel drives in comparison to the Fords, and those bring a lot of other issues, including you have to drive them differently than you do particularly if you're involved in a pursuit. You need to use different techniques when you're drivingfront-wheel drive cars. Chair Sarnoff Okay. Just throwing it out there. I'm just curious how the other police departments are able to do it. Okay. ChiefExposito: All right, thank you. Chair Sarnoff All right, so we had a motion on CA.5. Any further discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. CA.6 RESOLUTION 10-01107 BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Management Trust RECEIVED PURSUANT TO INVITATION FOR BID NO. 223231, FROM CD! ENTERPRISES, LLC, FOR THE SET-UP, BREAKDOWN AND STORAGE OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") HOLIDAY TREE, IN THE TOTAL AMOUNT NOT TO EXCEED $128,940; ALLOCATING FUNDS FROM THE TRUST'S OPERATING BUDGET. 10-01107 Memorandum.pdf 10-01107 Tabulation of Bid.pdf 10-01107 Detail by Entitiy Name.pdf 10-01107 Invitation for Bid.pdf 10-01107 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0452 CA.7 RESOLUTION 10-01108 Districts - A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner NORTHWEST 8TH AVENUE FROM NORTHWEST 57TH STREET TO Richard Dunn II NORTHWEST 62ND STREET, MIAMI, FLORIDA, AS "REV. DR. HENRY CURTIS MCDOWELL WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY City ofMiami Page 17 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 CA.8 10-01166 OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-01108 Codesignation Application.pdf 10-01108 Codesignation Map.pdf 10-01108 Legislation.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) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0442 Chair Sarnoff CA.7. Commissioner Dunn: CA. 7. Chair Sarnoff You're recognized for the record, Commissioner Dunn. Commissioner Dunn: I'm jumping the gun, aren't I? I would like to move this item with -- for a brief matter of discussion. Chair Sarnoff Go ahead. Commissioner -- we have a motion -- Commissioner Suarez: Second. Chair Sarnoff -- by Commissioner Dunn, second by Commissioner Suarez. Commissioner Dunn, you're recognized for the record. Commissioner Dunn: Thank you, Mr. Chair. Dr. Henry Curtis McDowell was an Alabama -born minister who spent close to 40 years as a missionary in West Africa and postponed retirement to lead one of our affluent and influential churches in Liberty City, known as the Church of the Open Door. Henry Curtis McDowell, founding pastor of Liberty City's Church of the Open Door, was the first African American missionary from the American Missionary Association to travel to West Africa -- to the West African nation of Angola. He was able to -- he founded missions during the country's years of Portuguese colonial rule. He ministered to members of the Bantu Tribe, building churches and orphanages, and tending to the poor and sick. McDowell sat on the board of directors for the Board of Homeland Ministries and won an award for distinguished religious service from the William E. Harmon Foundation, an arts patronage group that honors the achievements of African Americans. He also worked with the local chapter of National Association of [sic] the Advancement of Colored People, better known as the NAACP, to push for civil rights. Today the Church of the Open Door is recognized for its work in the community. It has many outreach ministries. One, namely, the Collective Banking Group, as well as having a great number of influential members of our community who have contributed in major ways. So I feel that it's befitting to support the naming or codesignation of this street. There will not be an issue in terms of questioning can a person be named and then something happen after that because he is deceased. Chair Sarnoff All right. We have a motion, and we have a second. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 18 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Districts - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE Richard Dunn II CODESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO HOUSE BILL 5, DESIGNATING NORTHWEST 54TH STREET BETWEEN NORTHWEST 2ND AVENUE AND NORTHEAST 3RD AVENUE, MIAMI, FLORIDA, AS "FATHER GERARD JEAN-JUSTE STREET;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 10-01166 Codesignation Map.pdf 10-01166 Legislation.pdf 10-01166 Exhibit.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) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0443 Chair Sarnoff And now, we have CA.13. Commissioner Dunn: CA. 8. Chair Sarnoff Did miss one? Commissioner Dunn: Yes. Chair Sarnoff I apologize. Commissioner Dunn: Not a problem. Chair Sarnoff CA.8. I apologize. Commissioner Dunn: Not a problem. Chair Sarnoff CA.8. I -- Commissioner Dunn, you're recognized. Commissioner Dunn: Yes, Mr. Chair. I would like to move this item, as well. Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Dunn, second by Commissioner Suarez. Commissioner Dunn is recognized for the record. Commissioner Dunn: Most of us in South Florida recognize and know of Father Gerard Jean-Juste, who was born in 1946. Last -- well, in 2009 he was deceased. He was a Roman Catholic priest and erector of St. Clair's Church for the Poor in Port-au-Prince, Haiti. Father Juste, the first -- was the first Haitian to become a Roman Catholic priest in the United States. He arrived here in 1971. And in 1978, he formed the Haitian Refugee Center, which fought the deportation of Haitians fleeing the regime of Dictator Jean-Claude "Baby Doc" Duvalier. Father Jean-Juste returned to Haiti after US (United States) rule -- judge ruled that immigration authorities had discriminated against Haitian refugees. In Haiti, Jean-Juste was imprisoned on weapons and murder charges with scant evidence but did not remain behind bars for longer than a year. After his death in May of 2009 at 62, thousands jammed the Notre Dame de Haiti City ofMiami Page 19 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Catholic Church, which many of us know is located on 62nd Street, while even more thousands crowded on the outsides because they could not accommodate the massive support that he endeared to pay their respects. And again, it is befitting. He is a pioneer. I had the opportunity to meet him, to observe him. Andl would love to have the support of my colleagues on this codesignation. Chair Sarnoff All right. We have a motion, and we have a second. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. CA.9 RESOLUTION 10-01169 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner NORTHWEST 28TH STREET FROM NORTHWEST 17TH AVENUE TO Wifredo (Willy) Gort NORTHWEST 21 ST AVENUE, MIAMI, FLORIDA, AS "RADIO PAZ WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-01169 Email- Radio Paz.pdf 10-01169 Codesignation Map.pdf 10-01169 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0453 CA.10 RESOLUTION 10-01168 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner NORTHWEST 23RD STREET FROM NORTHWEST 10TH AVENUE TO Wifredo (Willy) Gort NORTHWEST 14TH AVENUE, MIAMI, FLORIDA, AS "MARIANO VAZQUEZ WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-01168 Information regarding Mariano Vazquez.pdf 10-01168 Codesignation Map.pdf 10-01168 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0454 CA.11 RESOLUTION 10-00977 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSENTING City ofMiami Page 20 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 TO ASSIGNMENT OF ENERGY PERFORMANCE SAVINGS SERVICES FROM FLORIDA POWER AND LIGHT, TO ITS SUBSIDIARY, FPL SERVICES, LLC; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FPL SERVICES, LLC TO PERFORM ENERGY EFFICIENCY IMPROVEMENTS IN SIX (6) CITY OF MIAMI FACILITIES, IN AN AMOUNT NOT TO EXCEED $783,539, SUBJECT TO THE AVAILABILITY OF FUNDS; ALLOCATING FUNDS FROM THE FEDERAL ENERGY EFFICIENCY AND CONSERVATION BLOCK, ACCOUNT NO. 98004.411000.534000.0000.00000. 10-00977 Summary Form.pdf 10-00977 FPL Services backup documents.pdf 10-00977 Legislation.pdf 10-00977 Exhibit.pdf 10.00977 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0455 CA.12 RESOLUTION 10-01184 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSISTANCE AMENDMENT TO THE EXISTING ASSISTANCE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE CITY'S PARTICIPATION IN THE NATIONAL CLEAN DIESEL FUNDING ASSISTANCE PROGRAM ("PROGRAM"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL DOCUMENTS NECESSARY FOR THE ADMINISTRATION OF THE PROGRAM. 10-01184 Summary Form.pdf 10-01184-Legislation-SUB. pdf 10-01184-Submittal-Memo-City Manager -Substitution for Item CA.12.pdf 10-01184 Exhibit.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0450 Note for the record: Item CA.12 was voted upon with Consent Agenda items, but is not included with the items showing 'Adoted the Consent Agenda" because it was adopted with modifications. A statement was made on the record regarding the legislation being adopted as modified with the undertstanding that it was voted upon with Consent Agenda items. Chair Sarnoff CA (Consent Agenda) -- we have to go back, I understand, to CA.12, which we did approve as part of the consent agenda. However, we need to go on the record with the understanding that it was modified. Does anybody wish to pull this or clari --? Let me clam the record, gentlemen. Did everybody understand that they were voting on a modified CA.12? City ofMiami Page 21 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 CA.13 10-01185 Office of Grants Administration Commissioner Gort: No. Chair Sarnoff You want me to -- you want a revote, Madam Clerk? Priscilla A. Thompson (City Clerk): No. I checked with the City Attorney, and she said that the clarification of the record would be fine, so we will show it in our records as modified. Chair Sarnoff Okay. Ms. Thompson: And thank you. Chair Sarnoff Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "BROWNFIELDS ASSESSMENT AND CLEANUP SHAMROCK SITE" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, IN AN AMOUNT NOT TO EXCEED $200,000, FOR A THREE-YEAR PERIOD; AUTHORIZING THE CITY OF MIAMI'S REQUIRED MATCH OF $40,000, IN THE FORM OF IN -KIND SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS AND PROFESSIONAL SERVICE AGREEMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-01185 Summary Form.pdf 10-01185 Notice ofAward.pdf 10-01185 Legislation.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) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0444 Chair Sarnoff All right. Now we're at CA.13. Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. Dorcas Perez (Director): Good morning, Mr. Chair, Commissioners. CA.13 is a resolution accepting a grant award for -- sorry. Dorcas Perez, Grants Administration. Always forget that - - accepting a grant award from the US (United States) Environmental Protection Agency for Brownfields assessment and cleanup. And it is $200, 000 with a $40, 000 in -kind match. Chair Sarnoff All right. Is there a motion? Commissioner Dunn: Mr. Chair. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: I would like to move this item for discussion. City ofMiami Page 22 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff All right. Commissioner Dunn has a motion. Is there a second? Second by Commissioner Suarez. Commissioner Dunn is recognized for the record. Commissioner Dunn: Just for purposes of putting on record -- I understand from reading the grant requirements that there are MBE requirements. I would like for you to work with my office to ensure these requirements are satisfied to the extent in terms of possibly locally. Ms. Perez: Absolutely. We would be happy to do that. Chair Sarnoff All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff The Vice Chair is recognized. Vice Chair Carollo: Thank you. There's a match of $40, 000 from -- for in -kind? Ms. Perez: Yes, correct. Vice Chair Carollo: In the form of in -kind. How are you coming up with the amount of $40,000? Ms. Perez: That is a -- the program manager, the Brownfields coordinator's salary, a portion of that would be used as in -kind match for the grant. Vice Chair Carollo: So in other words, one of the City's employees will be working on this project. Ms. Perez: Correct, will be managing this grant, and that can be used as the match. Vice Chair Carollo: Okay. And how are you coming up with the calculation of $40, 000? Ms. Perez: It's a percentage requirement. Vice Chair Carollo: In other words, how much time is he going to be spending on this project? Ms. Perez: It would probably be about 50 percent of his time. Vice Chair Carollo: Fifty percent of his time. And the reason why I'm bringing it up, I just want to see how we're starting to calculate these in -kind services. Because if everyone remembers, one of the things that we imposed on the unions were salary cuts. So if that was one of the three areas that, you know, we looked at, salaries are very important. So I want to see our employees, who are they working on it and so forth. And again, I just want to, you know -- and I'm not going to put you on the spot now. You know, if you want, later on we'll come up with a little bit more of the calculation of this 40,000, but I want to see what employee is working on this -- Ms. Perez: Okay. Vice Chair Carollo: -- how many hours, days, months and so forth to start seeing and allocate a little bit more of these in -kind services. Ms. Perez: Okay. And that's a good point. With the salary reduction, the calculation would have to be modified, correct. City ofMiami Page 23 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Vice Chair Carollo: Thankyou. Chair Sarnoff All right. Any further discussion? Commissioner Sua -- Commissioner Gort: Let me ask a question. Chair Sarnoff Let me recognize Commissioner Suarez and then come Commissioner Gort. Commissioner Gort: Sure. Commissioner Suarez: Thank you, Mr. Chairman. I guess my question, dovetailing on what the Vice Chairman said, was how are we paying for the $40, 000? Ms. Perez: That's a currently staffed position, so all we have to do is show the funder that that person is working a percentage of their time on this grant, managing the grant, and that counts as our match. Commissioner Suarez: But their salary is a general obligation expense is, I think, his point. Ms. Perez: Right. Commissioner Suarez: So even though we are matching a grant of $200, 000, we are spending as a City $40, 000 of our general obligation money, or general expenses, to service this grant, in essence. So it's a $40, 000 fiscal impact to the City to manage this grant. I think that's where he's going with it. Ms. Perez: That's correct. I mean, that salary is being used to manage this grant, so that's correct. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: A follow-up question. Can some of the funding of the $200, 000 be used to cover some of the expenses that the City's going to incur? In other words, instead of let's say, using $200, 000 for the whole Brownfield, let's say use 100 and what, 160, and then 40,000 go to the salary of this person? And the reason why I ask, calculating, it's not just salary; it's insurance, pension, and so forth. It could actually be potentially more. So I just wanted to see how were you allocating, you know, the money, how are you coming up with the 40,000 and dig a little bit more. Not just for this -- you know, I'll go ahead and approve this -- but now and looking into the future also so when this starts coming before us -- 'cause I'm sure this will not be the only time that an in -kind services comes before us so, you know -- Ms. Perez: Okay. We will. Vice Chair Carollo: Okay. Thankyou. Chair Sarnoff All right. Any other discuss -- Commissioner Gort: Yes. Chair Sarnoff I'm sorry, Commissioner -- Commissioner Gort: My question is, a lot of these grants is not only salary, but you can use additional expenditure by the City as an in -kind and you're only using salary? City ofMiami Page 24 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Ms. Perez: We were -- when we submitted -- yeah. We used the salary as the in -kind. Commissioner Gort: Because the other sources that the City provides that can be used as in -kind on some of this -- Ms. Perez: Correct. We only had to match the 40,000, so we just thought it was just cleaner to do it that way but -- Commissioner Gort: It was easier that way, right. Ms. Perez: Yeah. Commissioner Gort: Okay. Thank you. Chair Sarnoff And I think what you're hearing -from Commissioner Gort, Commissioner Suarez, and the Vice Chair is I think they'd like to see you come up with alternate ways of matching these things other than salaries. And if you could do a percentage of -- well, there are a lot of ways of doing it, as far as I recall; use of vehicle, use of office space, so that salaries are not counted. And if you have to use a smaller percentage of salaries, I think there'd be a little more comfort up here if that was, in fact, the way it was going to be done. So you may want to -- Ms. Perez: Okay. Chair Sarnoff -- take a small calculation on what everybody's saying. Ms. Perez: Yes. We'll take a look at that. Chair Sarnoff All right. So we have a motion and we have a second. Any further discussion? All in favor, please say "aye." The Commission (Collectively): Aye. 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) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF CONSENT AGENDA Chair Sarnoff Let's move to the consent agenda then. We are now at -- let's see how we could do the consent agenda. It will be 2, 3 -- 2, 3, 6, 9 -- sorry -- 2, 3, 6, 9, 10, 11, and 12. Priscilla A. Thompson (City Clerk): IfI might, Chair, I think CA.2 was continued to November 8 [sic]. Chair Sarnoff You're right. I apologize. So it's 3, 6 -- Vice Chair Carollo: 9, 10. Chair Sarnoff -- 9, 10 -- Vice Chair Carollo: 11, 12. City ofMiami Page 25 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff --11 -- thank you -- and 12. All right, do we have a motion for those? Commissioner Suarez: So move. Vice Chair Carollo: Second. Chair Sarnoff All right. We have a motion and we have a second. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. PUBLIC HEARINGS PH.1 RESOLUTION 10-01109 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OF AN APPROXIMATELY 20' FOOT WIDE BY 745' FOOT LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3600 NORTHWEST 7TH AVENUE, MIAMI FLORIDA, (MOORE PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF WATER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 10-01109 Summary Form.pdf 10-01109 Memo and Notice of Public Hearing.pdf 10-01109 Legislation.pdf 10-01109 Exhibit.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0445 Chair Sarnoff All right. Gentlemen, let's go back to the PHs (Public Hearings) then. Let's start at PH.1. We're on page 11 of the agenda. Madeline Valdes (Director): Good morning, Commissioners. Madeline Valdes, Department of Public Facilities. PH.1 is a resolution authorizing the City Manager to enter into a grant of easement for the property located at 3600 Northwest 7th Avenue. This is Moore Park. This grant of easement is to Miami -Dade Water and Sewer Department. It's for a line that's approximately 20 feet by 745 feet. This is for the improvements that are being done by the Orange Bowl Committee. There is a restriction in the easement that should this easement not be used for this purpose, it would revert back to the City. Chair Sarnoff All right. Let's -- let me open up a public hearing. Is there anyone from the general public wishing to be heard on PH.1, please step up. Mr. Cruz, you're -- City ofMiami Page 26 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Mariano Cruz: Yeah, just me. Chair Sarnoff -- recognized for the record. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. I live on -- in 26th Street there between two of the main office of the Miami Water and Sewer Department, the one on 36th Street and loth Avenue and the one on 11 th -- and 11 Northwest that years ago belonged to the City and now Miami Water -- I always take issue with that because they charge a lot of money to any little businessman that want to do anything. They want the people always to fix everything, the infrastructure, instead of the Miami -Dade Water and Sewer doing it because they -- so I take issue. Like they went to 17th Avenue and 19th Terrace, they broke the street there and they leave everything there like a washboard because maybe they did it with a (UNINTELLIGIBLE), whatever. They don't care. I have called Mr. Renfro. They don't care. They are immune to it. And we give them here now 14,900 square feet free? They don't give anything free. We have to pay for the water. You have to pay for the water in the parks. How about all the property that they get from the City? They should pay something in lieu of taxes. They should pay something. Because if that property at 1036 next to Moore Park will be a business, they would be paying a lot of taxes for that property. They -- also the one at 11 th -- on 11 th Northwest there, next to the Winn Dixie. Winn Dixie pays a lot of money in taxes, but they don't pay a penny in taxes. Maybe the City should consider something about -- there are counties here that they have to pay in lieu of taxes. They have to pay something to the city for the service that the city provide to them. And now they come and ask for something free from the City. Come on. Chair Sarnoff Thank you. Anyone else in the general public wishing to be heard on PH.1, please step up. Hearing none, seeing none, coming back to this Commission. Do we have a motion? Commissioner Dunn: So -- Mr. Chair. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second for discussion. Chair Sarnoff Second by Commissioner Gort. Commissioner Gort's recognized for the record. Commissioner Gort: Let me ask a question. I understand the County a lot of times, when we're going to deal with them, they like to have some leverage. Are we going to get some leverage out of this to -- for future dealing with the County? Ms. Valdes: Commissioner, this is actually requested by the City. Back in 2009, the City entered into an agreement with Miami -Dade Water and Sewer for the incorporation of this line into the facility because of the improvements we're putting in. So in exchange, we give them ownership of that line so that they can continue to maintain it on our behalf, so this in fact helps us. Commissioner Gort: So this is a request that the City had ofMiami-Dade County? Ms. Valdes: That is correct. Commissioner Gort: And also for the point that I'd like to bring out from a little history because people keep saying the City ofMiami gave away the port, the seaport and the airport. My understanding is this was done over 50 years ago, and the reason it was done was because the City ofMiami could no longer afford to maintain those facilities. I think that it's very important that we put this on the record. Chair Sarnoff All right, anyone else? Did we get a motion and a --? City ofMiami Page 27 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 9:00 A.M. Commissioner Dunn: Yes. Chair Sarnoff We did. Commissioner Gort: Yes. Chair Sarnoff Anyone else wishing to be heard on PH.1 ? Vice Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. And as always, with an abundance of caution, I have a question for the City Attorney. Madam City Attorney, the managing partner of the firm thatl am employed with is the current chairman of the Orange Bowl Committee. Is there any conflict of interest with me voting on this item? Julie O. Bru (City Attorney): Mr. Vice Chair, I don't believe that you voting in this item would create a situation where you would have anything inured to your private gain or the private gain of anyone in your family, so I don't see where there would be a conflict in you voting on this. Vice Chair Carollo: Thank you. And again, just with an abundance amount of caution I ask that question. Chair Sarnoff All right. Anyone else wishing to be heard on PH.1 ? Hearing none, gentlemen, it is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Valdes: Thank you. A sign language interpreter translated discussion of items PH.2 - PH.4. PH.2 RESOLUTION 10-01110 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY Development DEVELOPMENT BLOCK GRANT ('CDBG") FUNDS, IN THE TOTAL AMOUNT OF FOUR HUNDRED AND THIRTY THOUSAND, EIGHT HUNDRED DOLLARS ($430,800), FROM THE ENTITIES LISTED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE GRANT AWARD OF AN AMOUNT NOT TO EXCEED FOUR HUNDRED AND THIRTY THOUSAND, EIGHT HUNDRED DOLLARS ($430,800) AND THE TRANSFER OF SAID NOT TO EXCEED AMOUNT OF SAID CDBG FUNDS, UNDER CERTAIN TERMS AND CONDITIONS IN A SPECIAL GRANT AGREEMENT, TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION ("RHHED"), FOR ECONOMIC DEVELOPMENT ACTIVITIES TO CONTINUE THE REHABILITATION OF COMMERCIAL BUILDINGS IN THE NORTHEAST 2ND AVENUE CORRIDOR IN THE CITY OF MIAMI LITTLE HAITI NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, A SPECIAL GRANT AGREEMENT WITH RHHED AND ALL OTHER NECESSARY DOCUMENT(S) FOR SAID PURPOSE(S). City ofMiami Page 28 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 10-01110 Summary Form.pdf 10-01110 Notice of Public Hearing.pdf 10-01110 Legislation.pdf 10-01110 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0446 Chair Sarnoff PH.2. Lillian Blondet: Good morning. Lillian Blondet, Department of Community Development. PH.2 is a resolution de -obligating -- recommending the de -obligation of Community Development Block Grant funds, CDBG, in the total amount of $430, 800 from Little Haiti Housing Association, 12,500; Adgam, 15,500; The Alternative Programs, Inc., 75,755; House of Style and Envy, 8,000; London Motors, 5,654; Kevin Lamont, 2,097.97; Center of Information and Orientation, 3,300; and City ofMiami Unallocated Account -District 5, 307,993.03. And we're recommending to transfer that fund to Rafael Hernandez Housing and Economic Development Corporation to continue the rehabilitation of buildings along the Northeast 2nd Avenue corridor and continue the improvements along the -- in the Little Haiti area. Chair Sarnoff All right. Is there anyone from the general public wishing to be heard on PH.2? Hearing none, seeing none -- Ms. Blondet: Yes, I think. Chair Sarnoff Oh, I'm sorry. Janitza Kaplan: Hi. Good morning. My name's Janitza Kaplan. I'm executive director of Rafael Hernandez Housing and Economic Development, and I'd like to thank all of you, the Mayor, who already left, but for the support that you're giving the community and our agency with these special projects. Commissioner Dunn, about two years ago we started working with District 5 and with District 2, Commissioner Sarnoff, on these special projects that have really turned out to be a very positive influence in the communities. A lot of the time you get to allocate the money, but you really don't know how it benefits the community. And what we have seen over the last two years is that both the MiMo (Miami Modern) District, as well as the Little Haiti community and now we're doing work in 15th Avenue and in the Northwest 2nd Avenue corridor of Wynwood, is that the businesses are actually experiencing an increase in patronage to the businesses. They are finding that they need more help in their shops, so they're actually offering jobs to the immediate community. And it also helps a lot of the small contractors that typically wouldn't get government work because of their size and their staying power. They're actually being able to participate in the process. So all around, I think it's a great kudos for everybody that the City's doing terrific work, the corridors are looking much better, and it's actually translating into a lot of businesses that don't get the support but they're coming to our office looking to see how they can improve their business 'cause they want to be part of the trend and the excitement that's happening in the corridor. So I wanted to share that with you. And again, thank you for your support. And if our agency can assist any other district with the same type of project, we're certainly, you know, up to assist the City in doing that. Thank you. Chair Sarnoff Thank you, Janitza. All right, anyone else from the general public wishing to be heard on PH.2? Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Commissioner Dunn: Mr. Chair. City ofMiami Page 29 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Commissioner Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 10-01112 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING AN EXCEPTION TO THE AFFORDABLE Development HOUSING TRUST FUND ("AHTF") GUIDELINES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PENINSULA HOUSING DEVELOPMENT, INC. XVII, IN CONNECTION WITH THE LA PALMA APARTMENTS PROJECT ("PROJECT"); AUTHORIZING THE SUBSTITUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $253,787, AND HOME INVESTMENT PARTNERSHIP FUNDS, IN THE AMOUNT $2,021.55, WITH AHTF MONIES, FOR THE PROJECT LOCATED AT 1040 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, IN THE FORM OF A GRANT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE(S). 10-01112 Summary Form.pdf 10-01112 Notice of Public Hearing.pdf 10-01112 Legislation.pdf 10-01112 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0447 Chair Sarnoff PH.3. George Mensah: George Mensah, director of Community Development. PH.3 is approving an exception to the Affordable Housing Trust Fund guidelines to allow the granting of the amount of approximately $255, 000 to Peninsula Housing Development for the construction -- for the development of the Palma Apartments project. This is a Section 202 project in District 3. Chair Sarnoff All right. Let me open up a public hearing. Anyone from the general public wishing to be heard on PH.3, please step up. Hearing none, seeing none, coming back to this Commission. Gentlemen, is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff The Vice Chair is recognized. City ofMiami Page 30 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Vice Chair Carollo: Thank you. Who made the mistake of categorizing this as a grant instead of a loan? Mr. Mensah: Who made the mistake of categorizing this as a grant? Vice Chair Carollo: Instead of a loan. Mr. Mensah: (UNINTELLIGIBLE) Community Development at that time in 2007. Vice Chair Carollo: And what has been put in place or how have we corrected this issue? I mean, how can I make sure that this doesn't occur again? Mr. Mensah: The first thing that I will tell you is that currently, we do not provide funding for acquisition of land. This happened because we provided funding for acquisition of land. So the issue -- this particular issue will not happen again because the need to transfer funds occurred because of the issue with land banking. We also have a process in place to ensure that when funding is provided to any agency or any of our programs, that it goes through various levels of review to ensure that all the regulations governing that particular program is adhered to. Vice Chair Carollo: Sounds good. Sounds like a good answer. Mr. Mensah: Thank you. Vice Chair Carollo: I'm just not feeling so comfortable with it. I mean, I just -- it seems to me whoever was handling this missed one of the requirements and now it's coming before us to correct it. Or not actually to correct it; to have to allocate what, two hundred and fifty -- a quarter of a million dollars as a grant instead of a loan, which is how it was supposed to be. Mr. Mensah: It's an exception. This exception should have been done at the time when the allocation was made. The program, the Section 202 program, you can only grant the funds. You can't make it as a loan. So at the time when this allocation was made, that exception to that policy should have come to the Commission before the HCLC (Housing and Commercial Loan Committee) made that allocation. Unfortunately, that was not done. As part of our review of closing the loan, we realized that this needs to come back to the Commission. That's why we are here. So I think the comfort that you can have is that the loan was allocated; it wasn't closed. And it's during the process that we -- during part of our review realized that we didn't have all the necessary regulations adhered to and that is the reason why we're coming for this exception. Chair Sarnoff (UNINTELLIGIBLE) yield for a second? I'm not sure if my briefing was the same as his briefing, so I'm going to give you what I understand of this. Mr. Mensah: Okay. Chair Sarnoff You used HUD (Department of Housing and Urban Development) money for somebody to acquire land -- let's hold that aside, the wisdom or lack thereof -- Mr. Mensah: Yes. Chair Sarnoff -- for that. In that process, they held that HUD money for more than a year. Mr. Mensah: Yes, that's correct. Chair Sarnoff That's against HUD guidelines? City ofMiami Page 31 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Mr. Mensah: Yes, that's correct. Chair Sarnoff So what happened is Community Development then came to this Commission in '07 and used our -- Mr. Mensah: Trust. Chair Sarnoff -- Affordable Housing Trust Fund money -- Mr. Mensah: That's correct. Chair Sarnoff -- and mistakenly gave them a loan? Mr. Mensah: No. They -- Vice Chair Carollo: No. Mr. Mensah: -- gave it as a -- Vice Chair Carollo: Grant. Mr. Mensah: -- the requirement -- the -- it said in the same terms as the HOME (Home Investment Partnership Program) loan -- as the HOME funds so that -- usually when you transfer funds, the term that is usually used is that you provide the -- this particular loan in the same terms and conditions as the previous loan. Now the terms and conditions of the previous loan was a grant because you couldn't put a loan on a HUD Section 202 project. So at that time, you know, somebody in my department should have realized that we are making a grant using Affordable Housing Trust funds, and the guidelines for (UNINTET,T IGIBLE) trust fund doesn't allow it to be a grant. And therefore -- Chair Sarnoff Was there other HUD money involved in this project other than the $253, 787? Mr. Mensah: Yes, HUD Section 202 loan. Chair Sarnoff Okay. So that requirement, that other money, said you have to replace that with a like -- Mr. Mensah: Should be a -- Chair Sarnoff -- instrument? Mr. Mensah: Similar, yes. Chair Sarnoff So if you had a loan -- so if it was a grant before, it must be a grant now? Mr. Mensah: Yes. Chair Sarnoff And now you're coming to us to ask for an exception because of a mistake made in 2007 to go from a loan to a grant or otherwise face further HUD penalties? Vice Chair Carollo: Yes. Mr. Mensah: Yes. Chair Sarnoff You hesitated, and he was quick and -- City ofMiami Page 32 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Mr. Mensah: No. I hesitated, andl hesitated because the answer is not a clear clean-cut yes. The loan -- the project is completed. (UNINTELLIGIBLE). Chair Sarnoff I'm not even getting into the merits of the project. I'll presume -- Mr. Mensah: Yeah. People have been so -- at that moment, if -- let's say we do it as a loan, if this is not approved, I don't know the ramifications. I probably will have to, you know, seek some opinion on that because HUD Section 202 relied on the City's grant to be able to complete this project, and therefore we can't say sorry, we made a mistake. We couldn't make it as a grant. Is HUD going to call the loan, the Section 202 project back because of the fact that this particular loan doesn't conform with their guidelines? Those are questions thatl cannot provide an answer right now because this never happened. Chair Sarnoff But isn't that important to come to this Commission because in one respect, wouldn't you be telling us, Commissioners, if we don't do this, you may have HUD penalties versus, Commissioners, the folks that own La Palma project are demanding that we give them a grant versus a loan? Mr. Mensah: No. Chair Sarnoff Isn't that two distinctions? Mr. Mensah: Yeah. They're not demanding it. It's -- we have to do it because of the issues with HUD, yes. Chair Sarnoff So the answer to my question is HUD is requiring this -- Mr. Mensah: Yes. Chair Sarnoff -- or we face further penalties? Mr. Mensah: Yes. Chair Sarnoff You hesitate. I don't understand the hesitation, Mr. Mensah, and don't know thatl can support this. Mr. Mensah: Because I tried to explain it. I tried to explain -- the penalties will not be on the City ofMiami. That's what I'm trying to say. Chair Sarnoff Who will the penalties be on? Mr. Mensah: The penalties will -- I think HUD probably -- and that's what I don't know. HUD probably will ask that -- because the Section 202 program, we didn't -- the City ofMiami did not provide those funding. That was provided directly from HUD to the agency, and that's the reason why I don't know that the City will have any penalties. That's my issue. Chair Sarnoff I kind of think it's important that we know that, but my colleagues can decide whether it's important to them. All right, any further discussion, gentlemen? Vice Chair is recognized. Commissioner Gort: It's his district. Vice Chair Carollo: Let me see how to word this. You know, a lot of the votes that we take are dependent on management and the information given to us -- City ofMiami Page 33 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Mr. Mensah: Yes. Vice Chair Carollo: -- because it's nearly impossible for us to read every little detail and everything, and a lot of times when some of this comes before us, it's not just what's before us. We have to get background information and start looking up things. And you know, it makes it tough sometimes andl think that's why the Chairman -- I don't want to put words in his mouth, but I think that's why he's looking for that level of comfort from you to let us know in a way that it's assuring to all of us that, yes, your recommendation, the Administration's recommendation is to approve this because if not, we will have even more dire consequences even though, yes, it is not correct, we may have to hold our noses and vote for this. But the truth of the matter is for the City ofMiami right now, the best position is for us to approve this. And it seems like you're not giving us that comfort andl think that's -- Mr. Mensah: Can I --? Vice Chair Carollo: -- where the Chairman is going. And all of us, as a whole, you know, are hesitant to vote for something that, you know, we may want to look more into it because it may come back in the future to haunt us. Mr. Mensah: Commissioner, I think the question that the Chair asked is that is there any -- if we don't vote -- if we don't approve this, is the City ofMiami going to be penalized? The answer is no, the City ofMiami is not going to be penalized. I'm recommending this to be approved. But will not be telling you the truth ifI sit here and say the City ofMiami is going to be penalized because of the fact that this is Affordable Housing Trust fund monies. It's not HUD money, so HUD doesn't have any control over this. What I'm saying is that the City ofMiami made the representation to HUD at the time of the closing that this particular loan was a grant. The HUD Section 202 program requires that if you're going to put in any money, it has to be in the form of a grant, and that's what was done. So what I'm trying to say is that that -- because of that, we have to come back and get an exception to the fact that we made it a grant. Now, if the City doesn't do that, this loan will not close. The Peninsula Housing will have to go and find additional two hundred and something thousand dollars from somewhere, which will be in the form of a grant for them to be able to pay anybody that they owe in this project. That is what I'm trying to say. Is the City being penalized? No, the City itself will not be penalized, but the project will suffer. Vice Chair Carollo: And -- question. Mr. Chairman, ifI may? Chair Sarnoff No. You're doing great. Vice Chair Carollo: Now I understand anyone can sue anybody, but can Peninsula actually sue the City ofMiami because of our representations in 2007? Mr. Mensah: I'll leave that to the City Attorney's office. Julie O. Bru (City Attorney): I seriously think that perhaps we should either table this item and we can take a closer look at this or bring it back after we have thoroughly examined, you know, all the documents related to the loan, to the grant, to the application to HUD because I think that there's some, you know, missing pieces here that we need to fully understand. Chair Sarnoff Well, can you yield for a moment? Vice Chair Carollo: Definitely. Chair Sarnoff Here's my issue. What I'm hearing at this dais is that an error was made in a City ofMiami Page 34 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 HUD form that showed this as a grant by some employee of yours. Mr. Mensah: An error was made in presenting it to the HCLC as a grant. Now the form that was completed will be completed by Peninsula Housing Development. So Peninsula Housing Development completed a form to HUD saying that this money was a grant. Chair Sarnoff Okay. Now let me play the Vice Chair for a second. Mr. Mensah: Sure. Chair Sarnoff What corrective action have you taken with that employee? Mr. Mensah: This was done by the previous director who's no longer with the City. Chair Sarnoff So it was done by a prior person that's no longer with the City? Mr. Mensah: That's correct. Chair Sarnoff And you're saying at the very inception to -- the City's representation to La Palma was that this was always going to be a grant? Mr. Mensah: That's correct. Chair Sarnoff But our guidelines under the A -- Mr. Mensah: Affordable Housing Trust fund Chair Sarnoff -- Affordable Housing Trust only allow us to do loans? Mr. Mensah: That's correct. Chair Sarnoff Because it's supposed to be a recurring reve -- well, it's supposed to reoccur 'cause we're supposed to get paid back. Mr. Mensah: That's correct. Chair Sarnoff That's the equation here, right? Mr. Mensah: That's correct. Chair Sarnoff You're recognized, Commissioner Dunn. Commissioner Dunn: My concern, Mr. Mensah, is -- andl hear all of the positions and arguments -- why then would you recommend -- what is the basis, and think, for you recommending this to us for approval? What -- if there are no consequences to the City, there are no consequences with the current Administration, why then are you recommending to us for approval? What would be your basis for that? Mr. Mensah: The basis of my recommendation is doing what is right. The City, at the time when they provided funding were using HUD funds in good faith provided as a grant. The City, in providing the Affordable Housing Trust fund to replace the HOME grant, provided it to the agency as a grant. The City at this time in the -- in our attempt to close the loan realized that there was an error. The Affordable Housing guidelines cannot be provided as a grant and what I'm recommending is that we make an exception to that policy because we made a mistake. We made a mistake. City ofMiami Page 35 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff And the next people that come to us that want a grant, what should we say to them? Mr. Mensah: It's not in our policy. Our policy doesn't allow a grant. Chair Sarnoff And we only make one exception a year. Mr. Mensah: This is the only exception for this program and that's it. Chair Sarnoff Forever and ever. Mr. Mensah: Yes, correct. Chair Sarnoff Okay. Commissioner Gort: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Gort: I think one of the things this Commission gets is a lot of mistakes that have happened in the past for us to take care of it and rectify it. My question is what are we doing to make sure that this does not happen again. Mr. Mensah: And the - Commissioner Gort: I mean -- andl understand there's documents going in and out and different people filling out documents and so on, but think somehow someone's got to be in charge of those documents. Like we have a lot of the grants, but a lot of time we don't get the reimbursement that we should get 'cause somebody omitted to look at something in the grant. Mr. Mensah: The director of in this case, Community Development is always in charge to ensure that things are done correctly. And if -- andl tell my staff ifI make any -- if they make any mistake, the mistake is mine. And so my job is to ensure that before an item goes to loan committee or to Commission, I personally review everything in addition to what has been (UNINTELLIGIBLE) reviewing them to ensure that everything in there is correct. If it's not correct, the person will have to come and answer to me why are they making these corrections. So we also have the City Attorney's office that assists us. Every loan that we make is closed by the City Attorney's office, and they review all the documents to ensure that the documents are correct and (UNINTELLIGIBLE) programs. It's in case of this review -- such a review that this issue was brought to our attention. So we have systems in place to ensure that this does not happen. Commissioner Gort: And my question is, this [sic] individuals needed the 200,000 to close the loan. Mr. Mensah: Yes. Commissioner Gort: The City ofMiami gave them this money - Mr. Mensah: Yes. Commissioner Gort: -- and they gave it as a loan, but then you realized -- because originally, the (UNINTELLIGIBLE) project was a grant, which is -- that's the way the (UNINTET,TIGIBLE) works. Do you have to change that --? You have to bring it to us so we can -- City ofMiami Page 36 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 PH.4 10-01113 Department of Community Development Mr. Mensah: As a grant, yes. Commissioner Gort: -- change the policy. Mr. Mensah: Yes. Commissioner Gort: Okay. Thank you. Chair Sarnoff All right. Any further discussion, gentlemen? So we have a motion and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF THE CD BUILDING PROJECT ("PROPERTY") LOCATED AT 1525 NORTHWEST 60TH STREET FROM MIAMI DREAM HOMES INVESTMENT GROUP, INC., LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER PROVISIONS, THE PROPERTY TO EMPOWER "U", INC., FOR THE IMPLEMENTATION OF AFFORDABLE HOUSING OPPORTUNITIES TO LOW INCOME INDIVIDUALS, WITH APPLICABLE RESTRICTIONS: (1) PROPERTY MUST REMAIN AFFORDABLE FOR THE NEXT THIRTY (30) YEARS, AND (2) PROPERTY MUST BE USED BY INDIVIDUALS WITH INCOMES NOT TO EXCEED 80% OF THE MEDIAN HOUSEHOLD INCOME; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSES. 10-01113 Summary Form.pdf 10-01113 Detail by Entity Name.pdf 10-01113 Pre Legislation.pdf 10-01113 Pre Legislation 1.pdf 10-01113 Pre Exhibit 1.pdf 10-01113 Legislation.pdf 10-01113 Exhibit.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) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0448 Chair Sarnoff PH.4. George Mensah (Director, Community Development): PH.4 is the accepting of a property located at 1525 Northwest 60th Street from Miami Dream Homes Investment Group and conveying the property to Empower "U"for the implementation of affordable housing for specialized needs -- for special needs. Chair Sarnoff All right. Let me open up a public hearing. Anybody from the general public City ofMiami Page 37 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 SR.1 10-01022 City Manager's Office wishing to be heard on PH.4, please step up. Hearing none, seeing none, coming back to this Commission. Is there a motion? Commissioner Dunn: Mr. Chairman. Chair Sarnoff You're recognized for the record. Commissioner Dunn: I'd like to move this item. Chair Sarnoff We have a motion by Commissioner Dunn and a second by Commissioner Suarez. Any discussion, gentlemen? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff The Vice Chair is recognized. Vice Chair Carollo: I guess my question is more to my colleague, just asking -- this is going to be in his district, District 5 and so forth, andl will not pretend to know more about District 5 than he does. And l just want to make sure that -- because it's my understanding that in the past, this was supposed to go for affordable housing and now it's going to a HOPWA (Housing Opportunities for Persons with AIDS). Mr. Mensah: Commissioner, we have a confidentiality issue when it comes to the use of HOPWA funding. I was trying to (UNINTELLIGIBLE) -- since I mentioned the address of this property, we should not state the type offunding source in the public records because if you do that, then anybody that goes in there has automatically been identified with that particular -- so I'm sorry I didn't put it on the record first. But, yes, a type offunding was used for that particular project would require that people -- certain people of special needs be housed in that. So it's still affordable housing, but it's just that -- for special needs. Vice Chair Carollo: And shouldl have misspoke, is there any remedy to that, Madam City Attorney, or --? No? Maria J. Chiaro (Deputy City Attorney): I don't think so. That's a very definite answer I understand, but don't think so. Vice Chair Carollo: Okay. I'll tell you what. No further questions. Chair Sarnoff All right. Any discussion, gentlemen? Any further discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST, MORE PARTICULARLY BY AMENDING SECTION 40-196, THEREBY INCREASING FIREFIGHTERS' City ofMiami Page 38 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 MEMBER CONTRIBUTIONS FROM NINE PERCENT TO TEN PERCENT; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-01022 Summary Form FR/SR.pdf 10-01022 Actuarial Lette FR/SR.pdf 10-01022 Legislation FR/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) Gort, Sarnoff, Carollo, Suarez and Dunn II 13210 Chair Sarnoff All right, SR.1. I missed one? Vice Chair Carollo: No. SR.1. Commissioner Gort: Can we take five? Vice Chair Carollo: Mr. Manager. Chair Sarnoff Five minutes? Commissioner Gort: Yeah. Maria J. Chiaro (Deputy City Attorney): Second reading -- this is second reading of the ordinance putting in place that which -- Chair Sarnoff All right, we have a request from a Commissioner for a five-minute recess. We will take, gentlemen, a true five-minute recess. This Commission's in recess for five minutes. [Later... Chair Sarnoff All right, SR.1. Larry Spring: SR.1. Larry Spring, chief financial officer. SR.1 is a second reading ordinance increasing the firefighter contribution to the FIPO (Firefighters Police Officers) pension from 9 percent to 10 percent, pursuant to Article 43.11 (Pension Stabilization) of the 2007-2011 Collective Bargaining Agreement. Commissioners, this increase was required as a result of the pension plan not reaching 37 percent contribution level of covered payroll. Since we've exceeded that, part of their agreement was to increase their contribution over a number of years up to 10 percent, so this ordinance change effectuates that agreement. Chair Sarnoff All right, let me open up a public hearing. Anyone from the general public wishing to be heard on SR.1, please step up. Mariano Cruz: Just one little comment. Chair Sarnoff Mr. Cruz, you're recognized for the record. Mr. Cruz: Yeah. Mariano Cruz, 1227 26th Street. My daughter Lilly happens to be a robbery detective in City ofMiami Police Department. She is also the mother of Megan, my youngest granddaughter, and she was complaining to me saying, Papi, look, they're going to take -- I said, listen, Lilly, they're taking 10 percent, but you still have 90 percent. Look at that. Don't complain. Look at the people out there that have no job at all, okay. Those are the one that got City ofMiami Page 39 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 problem. You got 90 percent and you have me. Any problem, you go and see Mariano Cruz. Thank you. Chair Sarnoff You don't say like grandpa or papi or something? You say Mariano Cruz? Mr. Cruz: No, no, no. I tell her -- andl told her, you got the FOP (Fraternal Order of Police) to represent you, taxation with representation. I represent you as my daughter because you got my blood and my genes. Chair Sarnoff Thank you, Mr. Cruz. All right, anyone else from the general public wishing to be heard on SR.1 ? Hearing none, seeing none, the public hearing is closed. Do we have a motion? Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.2 ORDINANCE Second Reading 10-01094 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE Planning OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED "ZONING AND PLANNING" TO UPDATE SECTION 62-31 "APPLICATIONS FOR PLAN AMENDMENTS", ALIGNING THE DATE FOR COMPREHENSIVE PLAN AMENDMENTS AND MIAMI 21 ATLAS AMENDMENTS WITH THE OBJECTIVE OF FULLY UTILIZING THE TWO (2) PLAN AMENDMENT OPPORTUNITIES IN A CALENDAR YEAR AS PROVIDED BY FLORIDA STATUTES §163.3187, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01094 Summary Form FR/SR.pdf 10-01094 Legislation FR/SR.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13211 Chair Sarnoff SR.2. Harold Ruck (Planner II): Good morning. Harold Ruck, with the Planning Department. And this -- SR.2 is an ordinance on second reading to amend the City Code, Section 62-31, to align the dates for comprehensive plan amendments and the Miami 21 atlas amendments. This is to fully utilize the two plan amendment opportunities in the calendar year as provided by Chapter City ofMiami Page 40 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 163.3187, Florida Statutes. Any questions? Chair Sarnoff All right. Let me open up a public hearing. Is there anyone from the general public wishing to be heard on SR.2? Hearing none, seeing none, coming back to this Commission. Do we have a motion? Commissioner Dunn: So move. Commissioner Suarez: So move. Chair Sarnoff Motion by Commissioner Dunn, second by -- Commissioner Gort: Second. Chair Sarnoff -- Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. 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. SR.3 ORDINANCE 10-01051 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR," MORE PARTICULARLY BY AMENDING SECTION 54-42, ENTITLED "EXCAVATIONS," BY CLARIFYING EXISTING LANGUAGE AND CREATING PERMIT REQUIREMENTS FOR EXCAVATIONS THAT AFFECT THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01051 Legislation FR/SR.pdf 10-01051 SR Legislation.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff SR.3. SR.3, Commissioner Suarez, I'm asking you if you could proffer a continuance to the next Commission meeting? Commissioner Suarez: So move. Vice Chair Carollo: Second. Chair Sarnoff All right. We have a motion, we have a second. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." City ofMiami Page 41 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 SR.4 10-00989 Department of Finance The Commission (Collectively): Aye. Chair Sarnoff SR.4. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I just want to make sure, when you said the next meeting, October or November? Chair Sarnoff Let's give them some time to November. Ms. Thompson: November 18 then, right? Chair Sarnoff Correct. Ms. Thompson: Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE IX/DIVISION 2 ENTITLED "FINANCE/FINANCIAL POLICIES/FINANCIAL INTEGRITY PRINCIPLES" BY CLARIFYING THE FINANCIAL INTEGRITY PRINCIPLES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00989 SUMMARY FORM FR/SR.pdf 10-00989 LEGISLATION.pdf 10-00989 Legislation SR.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13212 Chair Sarnoff SR.4. Diana Gomez: Diana Gomez, Finance director. SR.4 is a second reading ordinance to amend the City's financial integrity principles to properly reflect fund balance classifications as required by GASB (Governmental Accounting Standards Board) statement number 54, fund balance reporting and governmental fund definitions. It establishes criteria for classing fund balances into specifically defined classifications and clarifies definitions for governmental fund types. Since first reading, there have been three changes, which are reflected in the packages you have. The first change was we removed -- or I added the sentence the unused portion of budgeted contingency reserve in any fiscal year shall be reflected as unassigned fund balance, where previously it said assigned fund balance. This is a correction. It should be unassigned fund balance. The second correction was adding in the amounts designated as contingency reserve in 5A shall be included in the calculation of meeting the 10 percent of the prior three year's average of general revenues for the unassigned fund balance classification, whereas before it said, again, it was in the assigned classification. As well as the third -- the last change is clarifying the dates for which the financial statements and the single audit and management letter would be presented. So I'm clarifying to say that the City's Comprehensive Annual Financial Report shall be prepared by the external auditor by March 31 of each year, the single audit and management letter of the City shall be prepared by the external auditor by April 30 of each year, and the external auditor shall present the findings and recommendations of the audit, single audit and management letter, to the Mayor and City Commission at a scheduled City ofMiami Page 42 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Commission meeting prior to July 30 of each year. Chair Sarnoff All right, let me open up a public hearing. Is there anyone from the general public wishing to be heard on SR.4? Hearing none, seeing none, coming back to this Commission. Do we have a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Gort: Second. Chair Sarnoff -- second by Commissioner Gort. I'd like to hear from the Vice Chair. Vice Chair Carollo: Well, GASB-54 is something that needs to be done. We could either early implement, which we are not doing, correct? Ms. Gomez: That is correct. Vice Chair Carollo: However -- I mean, in all fairness, you know, in the accounting world, we're just seeing exactly everything that deals with the GASB-54. I'm leaning to approve it. However, this could come back to Commission meeting for -- in the future for some adjustments, correct? Ms. Gomez: That is correct. Vice Chair Carollo: Okay, so I will vote to approve it for now, but, you know, always reserving the right to always bringing it back and adjusting some of the language. Chair Sarnoff And Commissioner Suarez, you wanted to be recognized. Commissioner Suarez: Thank you, Mr. Chairman. Ms. Gomez, I just want -- I guess I have two questions. One is, my understanding was -- this has to do with how much we have to reserve for -- This does not have to do with that? Vice Chair Carollo: No. Ms. Gomez: No. Commissioner Suarez: All right. Ms. Gomez: What this has do with is just the classifications -- Commissioner Suarez: Okay. Ms. Gomez: -- that the fund balance would be reported on in the CAFR (Comprehensive Annual Financial Report), meaning the nomen -- the names -- Commissioner Suarez: Okay. Ms. Gomez: -- that we would report them under. Commissioner Suarez: And l just want to kind of just make the general broad -- ask the general broad question that this is not going to do anything to negatively impact our bond rating. City ofMiami Page 43 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Ms. Gomez: That is correct. Commissioner Suarez: That's it. Chair Sarnoff All right. Any other discussion, gentlemen? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.5 ORDINANCE Second Reading 10-00739 Honorable Mayor AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 12 OF TomasRegalado THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CURRENTLY ENTITLED "COIN -OPERATED MACHINES AND ESTABLISHMENTS," BY AMENDING THE TITLE TO "AMUSEMENT GAMES OR MACHINES," CLARIFYING EXISTING LANGUAGE, ADDING DEFINITIONS, CREATING A LICENSING STRUCTURE AND REGULATORY SCHEME, PROVIDING FOR ENFORCEMENT AND PENALTIES, AND PROHIBITING UNAUTHORIZED AMUSEMENT GAMES OR 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 "SCHEDULE OF ESTABLISHED BTRS," BY DELETING AN ESTABLISHED BTR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00739 Legislation FR 7-22-10.pdf 10-00739 LEGISLATION FR 9-16-10.pdf 10-00739 Legislation SR 9-23-10.pdf 10-00739-Legislation-FR 9-16-10-SUB. pdf 10-00739-Submittal-District 4.pdf 10-00739 Legislation SR 10-14-10.pdf 10-00739-Submittal-Changes ToThe Legislation Proffered by District 4.pdf 10-00739 Legislation SR -FINAL-VERS 6 .pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Noes: 1 - Commissioner(s) Carollo 13213 Chair Sarnoff SR.5. Barnaby Min (Zoning Administrator): Barnaby Min, with the Office of Zoning. This is actually the Mayor's item. I don't know if you would be willing to defer it for him to come back down. I did get him earlier and notified him his item was coming up. City ofMiami Page 44 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff Okay. [Later..] Chair Sarnoff All right. Let's go back to SR.5. We -- I thought he was here. Vice Chair Carollo: I don't think anybody went to get the Mayor. Commissioner Gort: He's here. Chair Sarnoff I thought he -- he was here a minute ago, wasn't he? Vice Chair Carollo: Yeah, but don't -- Chair Sarnoff All right. Vice Chair Carollo: -- think he realizes that -- Chair Sarnoff I gotcha. Let's continue on. We'll go to the REs (Resolutions). Vice Chair Carollo: Here he comes. Commissioner Dunn: Here he comes. Chair Sarnoff Oh. I thought he was sitting here a minute ago. Good morning, Mr. Mayor. I -- Mayor Tomas Regalado: Good morning. Thank you. I'm sorry. This is an ordinance that had been defer, and as you know, the moratorium ends tomorrow for the sale of the stickers. And it had been vetted with all the Commissioners. Some of you have include or pull something, some of you have include. So we're offering this for your consideration. And Barnaby is here just in case you need to ask any zoning or legal questions. Commissioner Suarez: Mr. Chairman, I move it for discussion. Chair Sarnoff All right. Commissioner Dunn: Second. Chair Sarnoff We have a motion by Commissioner Suarez, second by Commissioner Dunn. I'm sorry. You're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. On the first reading, I had requested some modifications to the ordinance to take into account several cases that had construed the definition and in cleaning it up, I have a couple of additional modifications, one of them is a deletion and the other one an addition. The deletion is deleting the requirement that the person have to go to a certified -- state certified entity prior to getting the BTR (Business Tax Receipt). We just felt that that was too cumbersome, and it's something that right now isn't necessary. In its place, we've -- kind of dovetailing off of what Barnaby had suggested where the City was actually going to put the stickers themselves on the machines. We just wanted to clam that no BTR was going to be issued for any machines that are illegal under state law and any of the cases that interpret state law. So that's paragraph F of the ordinance, and that's pretty much it. Everything else is exactly as it was on first reading. Chair Sarnoff Any other comments by any of the other Commissioners? Vice Chair is City ofMiami Page 45 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 recognized. Vice Chair Carollo: Thankyou, Mr. Chairman. Real quick, who enforces whether they are a legal machine or not? Mr. Min: Barnaby Min, with the Office of Zoning. There would be various enforcement individuals responsible for it. It would range from the Police Department to Code enforcement and if Finance were able to get inspectors back, Finance inspectors as well. Vice Chair Carollo: I'm sorry. Repeat that, especially the last one. Mr. Min: Police officers will enforce it for violations of the state statute that are punishable by criminal punishments. Code Enforcement inspectors would enforce for violations of the City code, including the proposed legislation that is being considered today. Previously, Finance -- the Finance Department had inspectors that were also responsible for the enforcement ofBTR, Business Tax Receipt, type of practices. Unfortunately, due to budget cuts, they don't have finance inspectors anymore, but the proposed legislation does have regulatory fees that are meant to finance individuals that would be responsible for enforcing the regulations. Vice Chair Carollo: That last part is where I'm lost again. Previously you had from the Finance Department -- Mr. Min: Two years ago, the Finance Department had finance inspectors that went out and went to various property owners or business owners to see if they were in compliance with Chapter 31, which required them to have -- required the business owners to have business tax receipts. Two years ago, the finance inspectors were let go due to budget reasons. So the Finance Department has no finance inspectors at this time. The work is, however, being done or it's been transferred to the Code Enforcement Department because, again, it is a Code, so the Code Enforcement Department has the responsibility of enforcing all the codes. Vice Chair Carollo: Do they need special training or do the police officers need special training for that? I know a few years back there was quite a bit of enforcement in that area, but don't know if, you know, the officers now or the Code Enforcement have the training to enforce or is it something that they have to do on their own? Let's say they go into an establishment or -- is there going to be any task force for this? Mr. Min: Police officer -- we can work with training the individuals. Previously, there was a quality of life task force. I believe the funding, again, for that no longer exists, so that task force -- the same extent that the task force used to exist does not exist today but again, the proposed legislation does have regulatory fees that would be required to be paid and those regulatory fees are meant to pay for the individuals that would be responsible for enforcing the regulations. Vice Chair Carollo: And is there enough funding from there to -- for the enforcement part of it? Mr. Min: Correct, yes. That's why we suggested the regulatory fee of $500 per machine because as calculated with the various individuals, including the Finance Department, that is the cost that we determined was incurred by the City in order to enforce regulations. Vice Chair Carollo: And who determined that cost? Mr. Min: There was a meeting that we had with the Finance Department. Vice Chair Carollo: Okay. Thankyou. Commissioner Gort: I have a question. City ofMiami Page 46 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff Commissioner Gort. Commissioner Gort: My understanding, in the past you had these machines all over the City of Miami, and you did not have a specific place where they were located. With this new ordinance, you will know where each machine that is given a certificate is located? Mr. Min: That's absolutely correct. Commissioner Gort: Okay. Chair Sarnoff Let me open up to the general public. Is there anyone from the general public wishing to be heard on SR.5, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 26. I am going to just, in a way, be redundant maybe, but finance inspector are necessary in the street to enforce the regulations. Before we used to have the finance inspector that came to the business when the people were late in paying because some people don't know. Well, they don't know the system or the document come only in English, and they don't know what they have to pay. With the finance inspector, they can do not only that. Now you mention the task force. You go now to many restaurants, they are beer and wine joints. They selling beer and liquor and doing all kind of things there after hours. They do it in the neighborhood. Before you used to have a task force and go and close them and get the machines. Not only that, they get also -- I go to the finance -- the restaurant on wheels. You go after hours and you see them in your neighborhood. Mr. Gort, you go to 17 and 28, you go to 22 and 28, 22 and 36, 12 and 29, and you got the restaurant there with tables and chairs and everything on wheels. We sell chimichurri, (UNINTET,TIGIBT,F), everything, and they don't pay any license or any taxes or anything. They're not even supervised. You don't even know what you buying there, if they following Department of Health regulation or whatever it is. They there. Go there in weekends and after 5 o'clock. You will see the -- no finance inspector (UNINTELLIGIBLE). Also, the code inspector, they not checking everything because a guy complained to me. He said) get a ticket because I got a car parked on the grass, and you go by 23 and 23 and you see all the police car park on the grass of the (UNINTET,TIGIBT,F) there. All police car are parked there. They go there to training, and they park all over the place on the grass, okay. So is the police exempt of following the codes? No. They are the same. They have to follow the law like a regular citizen or regular resident or taxpayer of the City. Chair Sarnoff Thank you. Mr. Min: Mr. Chair -- Chair Sarnoff Anyone -- Mr. Min: -- can I respond to one issue and also a correction of a statement) made earlier after speaking with Mr. Guadix? Apparently, the Office of Code Enforcement has, I believe, six individuals that are designated to enforcing the business tax receipts obligations, so there is a task force within the Office of Code Enforcement that is designated to this type of an issue. Chair Sarnoff Anyone else - Commissioner Gort: Mr. Chairman. Chair Sarnoff -- from the general public wishing to be heard on SR. 5? All right, closing the public hearing. Mr. Mim [sic], I have a couple of issues 'cause there's some changes to this ordinance that concern me. First and foremost, this is now back to us -- and to me it is incentivizing people to have many machines. We had previously put $500 per machine and that City ofMiami Page 47 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 was the way it was left last time. I looked at the previous record. I don't see anything in the record of any Commissioner or anyone asking you to make that change. However, now, if you do 20 machines, it's $250 per machine. If you do 40 machines, it's $200 per machine. And to me that is an incentive for people or folks out there to buy numerous machines. Equally, we were talking about four machines per location. Now if you're in a T5, that's as of right. But if you're in a T6, you could go in front of the PZAB (Planning, Zoning and Appeals Board) and you could put 30, 50, 60, 100 machines in there. And that may be a policy that somebody wants, but I'll be honest with my fellow Commissioners, the T6s are my neighborhood. T6 is Brickell. T6 is downtown. T6 is Midtown. And while you may foresee as Commissioners of different districts that Midtown, andl would concede, could withstand something different than Brickell could withstand. Andl will proffer to you, if you -- if this Commission thinks it is good public policy to have these machines, then if you're going to put them in a T6 or above, make that requirement go to this Commission and require a supermajority, a four fifths vote, so that at least the Commissioner of that district can defend that district because let's just go the foreseeable future. Let's say things continue to regress in the City ofMiami in terms of our tax receipts and our revenues. There may be Commissioners up here that say, you know what, that's not my district; I don't care, andl want some more business tax receipts andl want some more of this $500. And I'm not saying this board would be like that, but in the future, this law goes for the next 30 to 50 years. So I implore you that I don't think we should incentivize people to have bigger or more machines. I think it should be $500 per machine. I think it should be an appeal that can only come to the City Commission for that approval, andl think it should be a supermajority of this Commission of a four -fifths vote. Mr. Min: May I respond? Chair Sarnoff Sorry? Mr. Min: May I respond? Chair Sarnoff I didn't know you needed a response, but go ahead. Mr. Min: I just want to clam that you are correct in that we never discussed at first reading doing the flat fees when there are more than four machines. The reason for that is the Administration did not want to be cost prohibitive to amusement centers or mini arcade amusement centers as defined in the ordinance. That was number one. Number two, I think the Commission needs to be reminded that this is a regulatory fee so the fee needs to justify the City - - the cost the City incurs in enforcing the regulations. So I give you the example that if there's 50 machines in one particular location, I'm not quite sure it would cost $25, 000 to enforce this regulation at that particular one location when it is really just one person who is walking around to ensure that all the machines are legal. So the basis for the $5, 000 flat fee for that type of instance is, again, the cost that is incurred by the City has to be justified the regulatory fee that is charged. Chair Sarnoff Then maybe we should table this and let the City Attorney come back with an opinion. Julie O. Bru (City Attorney): Well, I think, generally speaking, a regulatory fee, the amount of the fee has to be commensurate with the activities that the regulation entails, andl think if you're -- the Zoning administrator is, you know, giving his opinion, I guess his, you know, technical expert opinion that it doesn't cost, you know, so much money to regulate this than truly something that's more of an operational kind of you know, opinion. I can't tell you what a true valid regulatory fee would be. I can't give you an amount, other than to say that it should be reasonably related to the cost of the activity required for the regulation. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 48 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff Yes, sir. Vice Chair Carollo: Have you done a cost allocation study? Because -- I mean, yes, it could be 50 machines, but I don't know how long it's going to take that officer, code enforcement officer to go machine by machine, look at the numbers, check it out, how often does he go? Does he go once a month? How often? And then not only that, it's not just a salary; health care, pension, and so forth, the all in. So I mean, have you done a cost allocation study? Mr. Min: We have not done a formal study. We have informally sat down to estimate what we believe the costs would be. Obviously this is the first year that we've ever considered regulatory fees, so this is an approximation -- an approximate number that we thought was reasonable. You know, assuming that a regulatory fee is passed, we'll obviously look at what the cost that is that's actually incurred and adjust the regulatory fee as required. But that -- as far as a formal study, no formal study has been conducted. Vice Chair Carollo: I just -- Mr. Chairman, ifI could continue? Chair Sarnoff Please. Vice Chair Carollo: -- feel we have the carriage before the horse. I mean, you want us to pass this first and then you'll do the study or look at it? I think you should do that first before it comes to us and we approve it. 'Cause maybe, you know what, $500 is too little; maybe it should be 1,000. I mean, I don't know. I'm just -- so I think, you know -- I don't think we should put the carriage before the horse. Ms. Bru: IfI may suggest that -- you had -- previously you had a task force that enforced this, and maybe you could go back and look and see, you know, how much -- Chair Sarnoff Man hours -- Ms. Bru: -- was expended -- Chair Sarnoff -- time, gas -- Ms. Bru: -- on that task force. Chair Sarnoff -- cost of the warehouse, cost -- there -- that's his point. Vice Chair Carollo: Yeah. Chair Sarnoff That's his point. Now we're faced with a moratorium ending tomorrow, so we have to do something today. Commissioner Suarez: Mr. Chairman, ifI may, I think what we should do is either pass it as is or pass it with your idea, and you know, you can do that analysis and come back later and decide whether or not the fee is justifiable, you know, but I think there's other aspects of this ordinance that have nothing to do with the cost of regulating it beyond a certain level that are very important to have absent a moratorium because they further define what is an illegal machine as, you know, incorporating the court decisions and the state statute. Andl think, for me, that's essential because it's a quality of life issue in my district, and it's something that I think is giving an unfair advantage to a lot of businesses vis-a-vis other businesses in the district as well. So that part of legislation should be implemented. If you want to leave the discussion for another day about what exactly should be the fee beyond a certain level, I have no problem with it coming back after a thorough study. City ofMiami Page 49 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: And would you agree or can we even extend the moratorium? Is that -- would that be something that --? Chair Sarnoff Could we --? I suspect we could vote for the continuation of moratorium. The question is how do we wish to proceed? There seems to be three options right now. First option is as is. Second option is as I've asked for the amendment. The third option is a moratorium, bring it back. Mayor Regalado: Can I --? Chair Sarnoff Mr. Mayor is recognized. Mayor Regalado: I think that it's important that, number one, we understand that what was before the City was doing and enforcing. So this is what Magic City wanted, leave it as it is. Don't do anything because that's what Mr. Prieguez wanted at the last hearing, just leave it as it is. The other thing is there was never a task force for machines, never. The task force -- andl was part -- with Commissioner Gonzalez, I visited. The task force was not looking for machines. The task force was looking for restaurants or bars turned into lounges, selling liquor without food, and they arrested the owners, closed down the operation, and if they did found some machines that did not have stickers, they would seize the machines. If they had a sticker, they would leave it there. These are the 600 machines that were housed in the warehouse, but it was never -- the task force was never, ever intended for the machines but for the restaurants turned into -- or cafeterias turned into -- so it would be very difficult to assess the cost for visiting the machines. The other thing is we can -- the Finance have to send the -- they already -- they have also already send the letters for the renewal with the price that we had before, so if you want to either defeat this or defer this, it's fine. But we cannot stop selling the tickets to those that already have. So there is no way out. I mean, this was a well -intended issue. We wanted to have some regulatory tools and make money for the City. That's true. That's was the intent. But it's gotten so complicated that we might as well go back to where we were before. Because that way, they sell the stickers, the people come and buy and -- but we won't be able to have the regulatory scheme that you were asked to consider. So I don't know if you want to defer this and look at it in another way. I would, though, agree with the Chairman that not the Planning and Zoning but the City Commission should be the body because everybody knows its district, and the PZ (Planning and Zoning) board probably votes as a whole on the City, but here you know, you know, you know, you know, you know, you know, so I would really agree that it would have to be -- the intent was because ofChuckE. Cheese, what they call the ChuckE. Cheese law in the state of Florida, that they're not regulated by other ordinance, and so we have studied this, so I don't know what is the will of the Commission, but I think maybe Diana can tell you -- Chair Sarnoff Can I make a recommendation? You want to go? Go ahead. Commissioner Suarez: Thank you. I think, again, there's two aspects to this. One is making sure that there's no time period under which it is not clearly explained in our laws what is an illegal machine in the City ofMiami. And that was really the crux of the language thatl proposed and was approved unanimously on first reading. I made one modification to take out one thing and add two things based on Barnaby's recommendation. We can bring back for the next Commission meeting how much we should charge people for over a certain number, andl don't think in two weeks that's going to prejudice anyone. In addition to that, I agree completely with the amendment of having the City Commission review, you know, applications that are requesting a, you know, inordinate amount of these machines because I think you're absolutely City ofMiami Page 50 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 right, that the district Commissioner should have the right to opine and potentially convince his colleagues of the wisdom of allowing these -- the proliferation of any kinds of machines or any kinds of centers within their specific district, so that we can do now as well. We can incorporate that right now into the ordinance, but I would be strongly opposed to having a period under which we're operating without legislative clarification on this issue because it's critical in my district. Chair Sarnoff Can I make a recommendation? That the amendments that I proffered, that the mover accept including the $500 across-the-board and including the four fifths supermajority for this Commission. And then what Barnaby can do is provide to us privately his cost analysis and then we can make a decision if we think we need to modifi, anything further. Commissioner Suarez: Perfect. In two weeks or whenever? Chair Sarnoff Whatever time frame you give -- let's give him a month. Commissioner Suarez: Yeah, that's fine. As long as we can vote on this -- Chair Sarnoff Right. Commissioner Suarez: -- today, that's fine with me. Chair Sarnoff So does the maker accept the amendment? Commissioner Suarez: Yes. Chair Sarnoff All right. Does the seconder accept the amendment? Commissioner Dunn: Yes. Chair Sarnoff All right. Commissioner Gort, then the Vice Chair. Commissioner Gort: Mr. Chairman, my understanding also there are certain conditions to determine how many machines can be in a place. I mean, we have restrictions in size, places, and what this facility can be placed in. It's my understanding -- I don't have it right here, mot in front of me -- but the space and the amount of space that will be utilized and what you have put in the ordinance limits the amount of machines that can go in places. Mr. Min: Correct. Commissioner Gort: In other words, when you're talking about 24 machines, you got to talk about an arcade or something -- Mr. Min: Exactly. Commissioner Gort: -- that that's all they do. Okay, so the document itself -- the ordinance -- andl think you should bring that up, the amount of space that the facility can use, where they can use it, and how many machines can put per square foot and so on. Mr. Min: The proposed legislation, it states that there's four machines per location, unless we go to the exception process that's being discussed right now. And those machines have to be in areas that are open to the public. They can't be in closed rooms. They can't be in backrooms, anything like that. And they're also regulated to be in basically commercial areas, which is T5 0 and above, which are predominantly commercial areas. So this is proposed legislation and proposed regulations that do not exist in the current Chapter 12. There is -- there are no City ofMiami Page 51 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 limitations on where they can be placed. There are no limitations on the number that be placed in each location. There's no records that the City has as far as where the machines are so that's why I have suggested to the Commission that this is very important legislation in order for the City to properly regulate this particular issue. Chair Sarnoff All right, Vice Chair. Vice Chair Carollo: Thank you. I want to bring up a point that the Mayor brought up, and l just want to, you know, clam and warrant anything with Barnaby and actually with the Finance Department when they're allocating to see how much it would cost, you know, a Code Enforcement officer or so forth because I remember specifically a Commissioner on top of -- they call it (UNINTELLIGIBLE), I guess a gambling machine, you know, with a big sledgehammer, you know, busting it up and so forth. And it seemed to me like that was the focus, you know, that was the focus, the machines, the (UNINTELLIGIBLE). So I just want to make sure 'cause I don't want to get short-changed now on, you know, how much it actually costs to enforce this. So I want to put that for the record. And -- Chair Sarnoff You want his workmen's comp for the bad back (UNINTET,T IGIBT ,F) Vice Chair Carollo: Exactly. I just don't want to get short-changed. But anyways, with that said -- and should I still vote against this, it's not -- believe me, it's not against your amendment because I agree with it. I agree with your amendment and so forth, but I just -- I have -- I still have problems with this. Chair Sarnoff All right, fair enough. Any other dis -- Commissioners? No? Commissioner Suarez: No. Let's just vote on it, please. Chair Sarnoff All right. Let's call the question. Madam City Attorney, it is an ordinance, as amended. Commissioner Suarez: Mr. Chairman. Yeah, as amended. Chair Sarnoff As amended and modified. Commissioner Suarez: Thank you. Chair Sarnoff Madam Clerk. Vice Chair Carollo: By you and Commissioner Suarez. Chair Sarnoff Suarez. Vice Chair Carollo: Both of you. Commissioner Suarez: Well (UNINTELLIGIBLE) I think his amendments we're going to vote on Vice Chair Carollo: No. Commissioner Suarez: Oh, we're going -- so we're going to include them? Vice Chair Carollo: Yes. Commissioner Suarez: Okay. City ofMiami Page 52 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff They're -- you've accepted them as -- Commissioner Suarez: Yes, I do. I do accept them. Chair Sarnoff And the seconder has accepted. Vice Chair Carollo: Right. Priscilla A. Thompson (City Clerk): So that your record will show the amendments proffered by both Commissioner Suarez and Chair Sarnoff as part of the modification for this second reading ordinance, correct? Chair Sarnoff Correct. Ms. Thompson: Thank you. Chair Sarnoff All right, Madam Clerk -- Madam City Attorney, I apologize. An ordinance of the City ofMiami amending Chapter 12 -- Ms. Bru: Mr. Chair, I just wanted -- 'cause, you know, I got this -- Chair Sarnoff I thought you were choking. I apologize. Ms. Bru: No, no. I got this -- you know, these revisions, andl wanted to make sure that it's internally consistent. Chair Sarnoff And my only reason for doing that is I thought you were choking. Ms. Bru: Yeah. There is -- I see that on page 3 out of 36, there was a notwithstanding language that was inserted in there, which is intended to exclude the applicability of certain sections of this ordinance to those pari-mutuel facilities and also to the bona fide arcade amusement centers as described in Chapter 849. I would like to be able to just have you adopt this with the understanding that if we need to insert that notwithstanding clause in another section of the ordinance to make sure that it includes any provisions that may be internally inconsistent, that we could modify that, okay? It's -- that notwithstanding, that catch-all phrase is intended to make sure that nothing that we're doing here is inconsistent with the state law, and perhaps the place where it's found needs to be adjusted to make sure that it achieves that purpose. That's all I'm saying, okay? So we'll take a closer look at it. If it needs to be moved, we'll move it. Commissioner Suarez: And Mr. Chairman, ifI may. That language was taken from a prior version of the ordinance which had something almost identical, so I just wanted to clam that for the record as well. Ms. Bru: Right. I just wanted to make sure that -- Commissioner Suarez: Yeah. Ms. Bru: -- you know, it's understood that from a drafting perspective, we may just have to move that notwithstanding clause to make it applicable throughout the entire ordinance. Commissioner Suarez: Okay. Ms. Bru: All right. With that having said -- City ofMiami Page 53 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: I'm sorry? Commissioner Gort: Yes. Ms. Thompson: Thank you. Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: I would ordinarily not vote in favor of -- and I haven't voted in favor of any increases in any of the fees. I've been very consistent about that. However, in this particular case, because of the unfair competitive advantage and because of the fact that it regulates these illegal gaming machines and that's something that's very important to me, and because the money's going to go to cover actually the regulation of these machines, I'm going to vote yes. Ms. Thompson: Continuing with your roll call. Chair Sarnoff? Chair Sarnoff I -- to be honest, I share a lot of the Vice Chair's concerns about this, but with the amendment and having -- and the opportunity to look at this one more time, I'm going to say yes, butt share his concerns. Ms. Thompson: Your ordinance has been adopted on second reading, as modified, 4-1. END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 10-01111 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Community 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Development AMENDED, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY AMENDING SECTION 2-817(H)(1), ENTITLED "ADMINISTRATIVE COSTS, FINES, LIENS", TO ALLOW THE CITY MANAGER TO SUBORDINATE LIEN POSITION ON LOANS FOR THE FINANCE OR REFINANCE OF CONSTRUCTION IMPROVEMENTS, OR RELEASE OR SATISFY ANY LIEN PLACED ON A PROPERTY BY THE CITY OF MIAMI ("CITY") OR BY ANY OF ITS AGENCIES AND INSTRUMENTALITIES, FOR AFFORDABLE HOUSING HOMEOWNERSHIP OR RENTAL HOUSING PROJECTS BY A PROJECT SPONSOR THAT HAS BEEN ALLOCATED FUNDS BY THE CITY COMMISSION OR THE CITY HOUSING AND COMMERCIAL LOAN COMMITTEE, FOR SUCH PROJECT TO FURTHER INCREASE THE SUPPLY OF AFFORDABLE HOUSING; City ofMiami Page 54 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01111 FR/SR Summary Form.pdf 10-01111 FR/SR Notice of Public Hearing.pdf 10-01111 FR/SR Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff Let's move -- let's go to FR.1. Commissioner Gort: FR.1. Barnaby Min (Zoning Administrator): Thank you. George Mensah: George Mensah, director of Community Development. FR.1 is an amendment to the City Ordinance Section 2-817(h), and this is just to add the rental projects as one of the projects that can -- the City Manager can release liens on. Chair Sarnoff All right. Let me open up a public hearing. Is anyone from the general public wishing to be heard on FR.1? Mr. Cruz, you're recognized for the record. Mariano Cruz: Sure. Mariano Cruz, 1227 26th Street, also the chairperson ofABDA, Allapattah Business Development. I am in support of this ordinance because there are many people out there that are getting money from Community Development, all kind of things or whatever in the past and now the City have to recover some -- at least try to recover some of that money issuing liens or whatever. We have a legal department with many lawyers. No. They should be able to write -- it doesn't cost much to file a lien in county court there, okay. That's what we got to -- I am in -- all in favor of that ordinance. Thank you. Chair Sarnoff Thank you. Anyone else in the general public wishing to be heard on FR.1? Hearing none, seeing none, coming back to this Commission. Gentlemen, it is in -- we have a motion? Commissioner Suarez: So move. Chair Sarnoff Motion by Commission Suarez -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. 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. END OF FIRST READING ORDINANCE RESOLUTIONS City ofMiami Page 55 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 RE.1 RESOLUTION 10-01114 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF FUEL CARD SERVICES, FROM WRIGHT EXPRESS FINANCIAL SERVICES CORPORATION, ON A CITYWIDE, AS NEEDED -CONTRACTUAL BASIS, UNDER THE EXISTING STATE OF FLORIDA CONTRACT NO. 15-973-163-X, EFFECTIVE THROUGH AUGUST 5, 2015 WITH OPTION TO RENEW FOR FIVE (5) YEARS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; 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. 10-01114 Summary Form.pdf 10-01114 Wright Express Services.pdf 10-01114 Legislation.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Dunn II R-10-0456 Direction by Commissioner Gort to the Administration that the Purchasing Department review all City ofMiami contracts to determine if some of the contracts can be reduced or changed in an effort to save funds. Chair Sarnoff We're back on the record. We're going to take up RE.1. You're recognized for the record. Kenneth Robertson: (INAUDIBLE), Purchasing director. RE.1 is a resolution authorizing the procurement of fuel card services from Wright Express Financial Services Corporation, on a citywide, as -needed contractual basis, under existing State of Florida contract number 15-973-163-X. The City ofMiami Police Department is currently using a fuel card program through a Miami -Dade County contract. Based on historical expenditures under this contract, the City can expect to save about $360,000 a year by switching the fuel card services program over to this new State ofFlorida contract. Chair Sarnoff To the which? Mr. Robertson: To the new State ofFlorida contract. Chair Sarnoff All right. Let me open it up to a public hearing. Does anybody wish to be heard on RE.1 ? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: Move for discussion. Chair Sarnoff Motion -- Vice Chair Carollo: Second. Chair Sarnoff -- by Commissioner Gort, second by the Vice Chair. Commissioner Gort's City ofMiami Page 56 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 RE.2 10-01164 Office of Strategic Planning, Budgeting, and Performance recognized for the record. Commissioner Gort: How does the procedure works? They would go -- where would their stations be where they can go fill up the cars? Mr. Robertson: The new contract actually allows the police officers to go to any retail gas station. The contract has access to 8,500 gas stations within the state of Florida. The current contract that they're using, the police officers would have to go to pre -approved Miami -Dade County locations that are not necessarily retail gas stations. Commissioner Gort: And their discount would be automatically? Mr. Robertson: Yes. The new contract has a federal excised tax exemption and a 1.545 percent reduction on the retail gas price. Commissioner Gort: Since you're the new person there, I'd like for you to look at -- check all the contracts that we have and make sure that we can reduce or change them because I think there's a lot of contracts that we have that will be coming outstanding where we can maybe change and make -- saving some funds. Mr. Robertson: I agree. My office can look at -- we're always looking for new contracts that we can piggyback off of that have more cost advantage fee schedules, so we'll certainly be doing that. Commissioner Gort: Thank you. Chair Sarnoff Vice Chair? No. All right. So we have a resolution, gentlemen, RE.1. It's been motion. It's been seconded. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 10-0420, ADOPTED SEPTEMBER 23, 2010, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 10-01164 Summary Form.pdf 10-01164 Legislation. pdf 10-01164 Exhibit.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Dunn II R-10-0457 Chair Sarnoff RE.2 Alice Bravo (Director): Good afternoon. Alice Bravo, Capital Improvements Department. RE.2 is an update to our capital improvement appropriations from the previous meeting, to accept City ofMiami Page 57 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 funds for the item we discussed earlier, the MPO (Metropolitan Planning Organization) funds for the study, as well as creation of several other projects with street bond funds and other sources. Chair Sarnoff All right. Let me open it up to a public hearing. Anyone wishing to be heard on RE.2, please step up. Hearing none, seeing none, coming back to the Commission. Is there a motion? Vice Chair Carollo: So move. Commissioner Gort: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Gort. Any discussion, gentlemen? Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I just think it's important to point out that two of these projects, which will be in excess of half a million dollars, is going to fix problems that were not foreseen or for projects that were -- that was done in the past and they were done erroneously and now I have to spend money from street bonds and so forth in order to repair the problems that were done in the past. This is more than half a million dollars going to this. And again, I think -- I don't want to say it's a waste 'cause it's something that is very much needed, but it's something that I think needs to be addressed. I don't know if some of those contractors, if we've been in contact with them and see why was new streets done and curbs and so forth without drainage and you know, legal action and so forth, andl think we need to bring that up for discussion. Ms. Bravo: Yes. And the issue that we've encountered on the two projects you mentioned is actually that contractors were instructed to build features, such as curbing, and they were not given design plans or survey information so that the low points and the locations for drainage inlets could be identified. So it was more of putting out a project without the necessary engineering information in it. Vice Chair Carollo: And has there been -- is -- has anything been done in order to make sure that what occurred in the past does not occur again? Ms. Bravo: Yes. Any project that we put forward has plans developed with survey information so that we can address drainage requirements. Those plans are reviewed by the Public Works Department and approved before we move forward to construction. And we make sure that we have the necessary permits for any drainage improvements that are required. Vice Chair Carollo: Okay. Andl -- again, I just think it's important to point this out. There's going to be more than half a million dollars going to fix projects that were done in the past and that were done erroneously. So with that -- I mean, there's nothing else I really could say; just that these have to be done. You saw the tadpoles swimming around, I mean, a week after it rained, so -- Ms. Bravo: Yes. If you put in concrete curbs on a street, they're going to keep the water when it rains from going into the swale, so you need to have drainage inlets and the piping that that requires. Vice Chair Carollo: Okay. Thank you. Andl know that was not part of your administration. I just -- again, I just want to make sure going forward this doesn't continue to happen. And again, you know, it's half a million dollars that could be going to new projects and it's not. It's going to fix old projects. Thank you, Ms. Bravo. City ofMiami Page 58 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff Commissioner Gort's recognized for the record. Commissioner Gort: Ms. Bravo, I think, for the record and for the benefit of those that are here and listening to this, I think it be important for you to explain the process you had to do the first - - when you first got in here and inherit the CIP (Capital Improvement Programs), and can give you an example. About four years ago, they build a stormwater drainage right in front of my house, and I'm not an engineer, but more or less, I saw that they were being built in the wrong place and -- Commissioner Carollo -- I mean, Vice Chairman Carollo, I can tell you, when it rains I can go fishing. Go out -- I can take the boat out and right there across the street from me. My understanding is that firm is being sued because a lot of the drainage that they provided within the area ofAllapattah, they're not in compliance. I mean, it's -- Ms. Bravo: And what we're finding in a lot of cases is that contractors were directed to build something and they weren't given the plans that had the necessary information. Julie O. Bru (City Attorney): You know, I don't think that we should be getting into -- Commissioner Gort: Okay. Ms. Bru: -- these details on the record. If there's pending litigation, I'd rather not comment on the specifics. Commissioner Gort: Well, let's leave it at that. But I just want to make sure that the -- and I think you have taken the steps so these things will not happen again. Ms. Bravo: Right. Commissioner Gort: Thank you. Chair Sarnoff All right. So we have a motion, we have a second on RE.2. Let's call the question. All in favor, please say "aye." The Commission (Collectively): Aye. RE.3 RESOLUTION 10-01130 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ANA CABEZAS-GONZALEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $110,100, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 10-01130 Memorandum.pdf 10-01130 Memorandum - Budget.pdf 10-01130 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 59 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0458 Chair Sarnoff All right, RE.3. Thank you. Julie O. Bru (City Attorney): RE.3 is a proposed settlement that I am requesting your approval. This concerns a worker's compensation claim. It's in the amount of $110,100. And you were briefed individually as to this matter. I'd rather not get into the details on the record. Chair Sarnoff All right, is -- let me open up for a public hearing. Is there anyone wishing to be heard on RE.3? Hearing none, seeing none, coming back to the Commission. Is there a motion on RE. 3? Vice Chair Carollo: So move. Commissioner Gort: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Gort. Any discussion, gentlemen? Vice Chair Carollo: Quick question to the City Attorney. Chair Sarnoff Go ahead, you're recognized. Vice Chair Carollo: Madam City Attorney, is it your recommendation that we accept this and this is the best that you think that we can do and so forth and, therefore, you're recommending that we accept this? Ms. Bru: Yes, absolutely. And my recommendation, there's concurrence from your risk manager also. Vice Chair Carollo: Thank you. Chair Sarnoff All right. Anyone else wishing to be heard on RE.3, which is a settlement of pending worker's comp lawsuit? Hearing none then, it's a motion, there's a second. Gentlemen, all in favor, please say "aye." The Commission (Collectively): Aye. RE.4 RESOLUTION 10-01010 Community A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Redevelopment ATTACHMENT(S), ACCEPTING AND ADOPTING THE BUDGETS OF THE Agency (CRA) SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011, AS APPROVED BY THEIR RESPECTIVE BOARDS OF COMMISSIONERS. City ofMiami Page 60 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 10-01010 CRA Memos 10-14-10.pdf 10-01010 Legislation 10-14-10.pdf 10-01010 Exhibit 10-14-10.pdf 10-01010 Memos -CRA 11-18-10.pdf 10-01010 Legislation 11-18-10.pdf 10-01010 Exhibit 1 11-18-10.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff All right, RE.4. I think the best way to deal with RE.4 is to table it and then possibly recess this at the very end and open up the CRA (Community Redevelopment Agency) at the very end so that we could take it up all at once. Vice Chair Carollo: Prior to opening up the CRA, if we could have a recess, andl don't -- Chair Sarnoff Yeah, yeah, yeah. Vice Chair Carollo: -- really care when you do it; just prior to that, if we could have a recess so I could review some of the items. Chair Sarnoff Absolutely. I'm just saying, I think it's wise just to put this -- Vice Chair Carollo: Yeah. Chair Sarnoff -- at the end and so we can hear the CRA discussion. Vice Chair Carollo: Definitely. Chair Sarnoff All right, so for right now, Madam Clerk, we're tabling this. Make sure when I close this meeting, I don't close it; I just recess the meeting. Chair Sarnoff All right, RE.5. Are you comfortable moving forward on RE. 5? Vice Chair Carollo: Sure. [Later..] Chair Sarnoff All right, gentlemen, back on the record from the City Commission meeting today. I believe we have RE.4, which was tabled; we're taking up now. I believe, if we had an appropriate motion to move RE.4 for a continuance to November 18, that would be an appropriate move. Vice Chair Carollo: So move. Chair Sarnoff We have the --- Commissioner Dunn: Second. Chair Sarnoff -- Vice Chair motion, second by Commissioner Dunn. All -- any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 61 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 RE.5 10-01027 Miami Parking Authority RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING, IN THE AMOUNT OF $1,393,360 EXCLUDING DEPRECIATION, TO PROVIDE FOR THE OPERATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. 10-01027 Parking Authority Budget Memos.pdf 10-01027 Legislation. pdf 10-01027 Exhibit.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0459 Direction by Vice Chair Carollo to the Miami Parking Authority to work with the Administration and come back within three months to report on the budget versus actuals received for the Gusman Center for the Performing Arts. Direction by Commissioner Gort to the proposed Olympia Center Trust, to provide a progress report on funding for the Olympia Theater at the Gusman Center for the Performing Arts within three months. Chair Sarnoff All right, gentlemen, because the Mayor wants to be heard, let's go to RE.5. That is page 18 of your agenda. RE.5. [Later..] Chair Sarnoff All right, Mr. Mayor, you're recognized for RE.5. Mayor Tomas Regalado: Thank you very much, Mr. Chairman. It's a business item that was deferred in the last Commission meeting and it's about the budget of the Gusman Center for the Performing Arts. I know that I've seen an e-mail (electronic) that Mr. Simpson sent or Art sent after meeting with the Vice Chairman regarding some issues that he had. He said, after a long meeting and -- that's not news. But it's important because we are in the middle of a project to save the Gusman and save it for the long run. I know that the Chairman had a commitment from one stakeholder in downtown. We have consulted with Herman Echevarria (phonetic) and he already has several, so we're on the right track and this is important. I want to reiterate our commitment to keeping the Gusman open. And whatever happens in the referendum on November 2, the Gusman of course will be taken care of by the private sector here in Miami. I do have some issues that I have brought to you and it has to do with Off -Street Parking. I have given you several reports of public records of expenses of the Parking Authority, and unfortunately there's nothing that the City can do. It's been said and l just want to clarify that in the record, it's been said that the City Commission has the power to do the budget ofMiami Parking Authority. It doesn't because what we get is not a line item, itemized budget that you can pick and choose. That is up to the board. And we have found through public record requests very troubling expenses from the Parking Authority and we will be asking for more information. And of course, we will be sending some of this information to the State Attorney in case that there is personal uses of public money in this expenses. So I just wanted to tell you that the Gusman, it's part of the priorities of this Administration and we're working with many people City ofMiami Page 62 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 to continue the operation of this project. Thank you. Chair Sarnoff Thank you, Mr. Mayor. [Later..] Chair Sarnoff And now we will visit RE. 5. You're recognized for the record, Mr. Noriega. Arthur Noriega: As was referenced by the Mayor earlier, we had a -- I sent an e-mail (electronic) yesterday afternoon and the results really of that e-mail are a consequence of a meeting had with the Vice Chair the evening before. He expressed some concerns as it relates to, obviously, the long-term liability the City would incur in terms of the budget that had been presented in part because the budget that had been presented only had really $200, 000 worth of subsidy. Andl explained to him that really that budget really represented a five- or six-month operation. He felt, given that the situation with the Olympia Building, Inc., which is the new management company, hadn't really been finalized, hadn't come before this Commission for approval, that that scenario was still tenuous. So he felt it was important for us to make some additional cuts, get as close to a balanced budget as we could. I explained to him that the caveat to that was -- the plan really still is -- if that option doesn't play itself out and we don't get that agreement put into place based on everything that's been represented by this Commission for the past six months, that Gusman will not be able to stay open probably past five or six months into this fiscal year. I highlighted that in the e-maill sent. I want to be absolutely sure everybody got a copy of that e-mail. Did you all get it? Okay. I have extra copies in case you need it. But really, the final point really is that we're really putting all of our eggs into this basket of Herman Echevarria (phonetic) and his group, and we're really kind of pushing that hard. The Mayor certainly has been a resource. The Chair has as well. We'll continue to push that forward. That is the intent, and the intent is to bring that agreement, based on our current timeline, back to this Commission sometime in November. That's the hope. Chair Sarnoff All right. You're recognized, Vice Chair. Vice Chair Carollo: Mr. Chair, I respectfully request that we table this item for -- at least until after lunch so that I could meet with Art Noriega and Scott and Ms. Lake. And the reason being is because I just received this. I -- there's questions with regards to credit cards and so forth, and the only thing is -- and don't know if it's in the Gusman or in the MPA. I specifically asked what were credit card expenses, and they said that that was the percentage -- you know how sometimes businesses do the transaction using a credit card or accepts credit card, but then they have to pay that 2 or 3 percent. Mr. Noriega: The transaction fees. Vice Chair Carollo: Exactly, the transaction fee. And that's what was stated to me, andl see here credit card expense of $10, 000. So I want to go into further detail with you all with regards to that and, you know, if possible. So can we just table this? Chair Sarnoff Yeah. Let's -- we'll table this. We'll bring this backup after lunch and we'll move on in the agenda. Vice Chair Carollo: And during lunch, Art, if you all could -- Mr. Noriega: Absolutely. Vice Chair Carollo: -- meet with me. Thank you. [Later..] City ofMiami Page 63 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff RE.5. Mr. Noriega: Art Noriega, Miami Parking Authority. We did a -- during the break, the Vice Chair and met; addressed some of the items that we referenced in the memo that I sent out yesterday. He had some additional questions. The budget that's proposed and in front of you is a revised budget, as per the e-mail (electronic) I sent yesterday, that took into account some additional cuts. As I mentioned before, the purpose of that budget is to get us through really the first part of it -- or half of the year roughly. The intent is, I think, to move as quickly as possible on our alternate plan and bring that agreement to the City Commission sometime in November. That's still the goal. Absent that plan, the likelihood that the theater could stay open for a full year is extremely -- probably unrealistic, and for the most part, unless we got another obviously savior or found some sort of hidden trouble money, it wouldn't be a possibility. But what I'm asking the Board -- the Commission to approve is this -- a revised budget, and the hope is that we can bring this new management agreement to the City Commission sometime towards the end of November. Chair Sarnoff All right. Let me see if there's anyone from the public wishing to be heard on RE.5. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 26Street. I (UNINTET,TIGIBT,F) refer me to the Gusman Hall because the repairs that were done there or the modification that years back was done with City money with the bonds -- with the bond 'cause I was in -- I am in that board and I made the motion specifically for $750, 000 once. That was money that was used from the 250 and $55 million bond, so it's not the money; maybe the Miami Parking get with the operations and all that. But the money, to put it the way it is now, it was done with bonds money and that's it, you know. I was going to talk in the budget of the MPA (Miami Parking Authority), but since there's not going to be anything when you got the -- you got all the numbers and everything, we can talk -- it's no sense now, but in Gusman, most of the money to fix it came from the City -- for the whole City tax base. Thank you. And at that time, I was used to be a taxpayer; not anymore. Chair Sarnoff Thank you. All right, anyone else from the general public wishing to be heard on RE.5? All right, the public hearing is now closed, coming back to the Commission. Is there a motion? Vice Chair Carollo: So moved with discussion. Commissioner Dunn: Second. Chair Sarnoff All right. Motion by the Vice Chair, second by Commissioner Dunn. The Vice Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. First of all, I'd like to thank Mr. Noriega, Ms. Lake, Scott for looking at this budget a little closer and reducing an additional $219, 000. You know, I appreciate your really looking in there, digging deeper, and doing some more cuts. At the same time, this is a yearly budget. This is a one-year budget. And should they go over their budget, as I mentioned in the past, the City ofMiami is ultimately responsible. With that said, one of the things that would like to propose -- and I'm going to have more questions and some maybe we already discussed, butt said that wanted to put it on the record. One of the things thatl am going to request, and I'll say it now so my colleagues could, you know, contemplate it, is I would like for them to come back to us three months from now to give us an update on where they're at, their actuals at that time as far as their budget because, you know, Mr. Noriega said something that doesn't settle very well with me in saying that, you know, if we don't get that money, we won't be able to operate and we're -- this is just going to get us through and so forth. But I think three months from now, I would like for them to come before us and see exactly where City ofMiami Page 64 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 they're at and so forth. With that said, I have some additional questions, and some like I've already mentioned, we've already discussed, but I want to just make sure we put it for the record. Credit card expenses, what exactly is credit card expenses? Mr. Noriega: Credit card expenses for this facility and the increase in the credit card expenses is really the processing fees. We are in the process of transitioning from using Ticketmaster as our primary ticket vendor to actually purchasing the software and doing that process ourselves. It'll eliminate all the fees that we pay Ticketmaster. And as a result of that, the credit card processing fees, which was really borne through Ticketmaster and then it eventually passed on to the customer, we'll now incur that charge directly. We'll pass it on and we'll be able to hopefully earn a complete reimbursement on that, but we have to include it as part of a line item here because it's a cost we're incurring that we haven't been incurring in the past. Vice Chair Carollo: Thank you. I want to also put for the record, what exactly are promotions? I see $4, 000 of promotions here. I know it's -- it may not be much, but in light of some of the information that -- a rumor that's been out there, I want to know exactly what is promotions? Margaret Lake: Promotions -- if we get invited to -- for example, we did Fall for the Arts. If we have to purchase a tablecloth or any sort of supplies; if we're doing an event expo setup, anything that we have for those, like signage -- like if it's temporary signage for an event that we're doing, we put it in promotional. Vice Chair Carollo: So it's something for you to get your name out there or for potentially future revenues? Ms. Lake: Yeah. I mean, if you're offsite and you're at a convention, you know, it's like brochures, things like that. Priscilla A. Thompson (City Clerk): Excuse me, Chair. I apologize, but -- Ms. Lake: Margaret -- Ms. Thompson: -- we do need a name for the record, please. Ms. Lake: Sorry. Chair Sarnoff Margaret, would you state your name for the record, please. Ms. Lake: Margaret Lake. Vice Chair Carollo: Another one that I wanted to mention, Gusman-sponsored events. What exactly is a Gusman-sponsored event 'cause I see $10, 000 for that? Ms. Lake: We have been the grateful recipient of a Miami -Dade County grant. It's an advancement grant. That grant is typically for you to advance your programming. We have to put some sort of match money into our budget to be able to receive $85, 000 from the County. And we use that money towards -- we did a Flick in Summer series. We did one this year and one last year. And basically, it's money that we have to spend to get other money. Vice Chair Carollo: And when you say you have to spend, it's not that you're sponsoring -- I don't know -- Ms. Lake: No. It's like our own programming. Vice Chair Carollo: It's your own program. I mean, it -- City ofMiami Page 65 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Ms. Lake: It's the cost that go towards our own programming. Vice Chair Carollo: Okay. Ms. Lake: Our staffing, our rental and films, our police officers, our bartenders, ushers. Vice Chair Carollo: Okay. So it's basically sponsoring your own events? Okay, 'cause I know you cut down the public relations somewhat, and I'm just seeing where else you could, you know, have monies or where do you have monies set aside that you go (UNINTELLIGIBLE) marketing, and then something that I mentioned before, advertisement. I see $19, 000 for advertisement. You mentioned as far as a national campaign? Ms. Lake: Well, I would tell you, when I arrived here in May of 2007, Gusman did not have any advertising, andl would say that due to our consistent investment in that advertising on the national market, we're back on the radar and it's really helped us. We've increased our earned revenues by 40 percent this year, so that advertising keeps the visibility because when you're doing national tours, if you don't know that a venue exists in a city, the first one that you find in a venue guide is the one that you're going to call. Vice Chair Carollo: And that's what you've been attributing some of the increase in? Ms. Lake: Absolutely. Vice Chair Carollo: Okay. Ms. Lake: People can't find you if you're not visible. Vice Chair Carollo: Okay. And l just want to point that out 'cause it's not -- obviously, you cut, you know, 48, 000 from public relations so it's not going to match that. But you spent -- according to the numbers that were given to me, you spent $5, 700 on national advertisement or advertisement, so roughly, you have an additional $10, 000, more or less, so that can compensate a little bit of your public relations, okay, that you cut. With that said, thank you. I don't have any further questions. I don't know if someone else does. Chair Sarnoff All right. Is there anyone has any questions for RE.4 -- I'm sorry, RE.5? All right, hearing none, gentlemen, it is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: And Mr. Chairman, what would be -- and maybe the question's not to you; maybe the question is to the Madam City Attorney or to Madam City Clerk. How -- what is the proper procedure for the representatives for -- from Gusman to come back before us three months from now and give us an update on their actual numbers and so forth? Ms. Thompson: Just like you did earlier, you can set a direction and say we want to make sure that you come back in a three month's time. That -- setting the direction puts the onus on the Gusman representatives to make sure that they coordinate with the Manager's office to get this on the agenda. Vice Chair Carollo: And -- Mr. Noriega: We will prepare the documentation to get it on the agenda. Vice Chair Carollo: Thank you. And -- City ofMiami Page 66 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 RE.6 10-01171 Department of Capital Improvements Program Commissioner Gort: Mr. Vice -- Vice Chair Carollo: -- Mr. Manager, I just want to verifi, that your office -- Carlos A. Migoya (City Manager): We got this one. Vice Chair Carollo: Thank you. Commissioner Gort: I'd like -- Chair Sarnoff Commissioner Gort. Commissioner Gort: -- along with that, if possible, to have a report back from the Trust to -- there's supposed to be working and getting some more funding for -- if we can have some progress report on that, I would like to have that too. Chair Sarnoff Yeah. We've been working pretty closely with Mr. Echevarria and probably not the best way to announce something, but a little bit of good news. Sergio Rock, from the Rock family, has agreed to $150, 000 for the next five years, so it's $30, 000 per year, and that is -- that would make him the biggest contributor, bar none. And we certainly recognize the family and more specifically Sergio and the City Manager for being the good spiriter [sic] of getting it to us. And if others like them could step up that have a big stakeholder or a stakeholder in downtown Miami, you're really investing in yourself because that is a beautiful facility that, if we get it right, we really have our own little jewel right there. And the right people are in place and the right causes are there now, and we just simply need to get rid of some of -- maybe the way we did business in the past a little bit, get leaner and a little bit meaner, and maybe not politicize the process and allow a trust to go forward with that particular facility. Andl think it's going to be, you know, all good. We -- one thingArt's made very clear, unless Herman Echevarria is successful, we will probably have to close that theater. So anyone who can contact him or anyone who wants to contact my office, it's a great cause. And Sergio did the right thing through the City Manager, and the credit goes to the City Manager for getting that. And the Gusman Theater hopefully will remain open for many years to come. All right. Ms. Thompson: Excuse me, Chair. Commissioner Gort: Thank you. Ms. Thompson: Before you leave, I just wanted to make sure the Vice Chair, according to our calendar, three months from now would be January 13, 2011. Is that the day that you want included in your direction? Vice Chair Carollo: I don't have a specific date or specific meeting, just more or less within that time frame. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A UNITY OF TITLE, IN SUBSTANTIALLY THE ATTACHED FORM, RESTRICTING THE USE OF SEVERAL CITY OF MIAMI OWNED PARCELS OF LAND, LOCATED AT GIBSON PARK LOCATED AT 404 NORTHWEST 14TH STREET, 411 NORTHWEST 11 TH STREET, 1360 NORTHWEST 3RD City ofMiami Page 67 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 AVENUE, 308 NORTHWEST 14TH STREET, 450 NORTHWEST 14TH STREET, 380 NORTHWEST 14TH STREET, 339 NORTHWEST 13 STREET, 1208 NORTHWEST 3RD AVENUE, 1200 NORTHWEST 3RD AVENUE, 1240 NORTHWEST 3RD AVENUE, 350 NORTHWEST 13TH STREET AND 1338 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA , MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID UNITY OF TITLE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-01171 Summary Form.pdf 10-01171 Legislation.pdf 10-01171 Exhibit.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) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0460 Chair Sarnoff All right. RE.6. Alice Bravo (Director): Good afternoon. Alice Bravo, Capital Improvements. RE.6 is an approval to create a unity of title for the parcels that compose Gibson Park, so we need this unity of title in order to pursue the various permits that we need for this project. Chair Sarnoff All right. Is anybody in the public wishing to be heard on RE.6, please step up. Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion -- Commissioner Suarez: Second. Chair Sarnoff -- by Commissioner Dunn, second -- Commissioner Gort: Second. Chair Sarnoff -- by Commissioner Suarez. Any discussion, gentlemen? Hearing no dis -- Commissioner Dunn: I just -- Chair Sarnoff You're recognized for the record, Commissioner Dunn. Commissioner Dunn: Quickly, I just want to take this opportunity to thank the Manager and Alice, Ms. Bravo, and the Legal Department for expediting this process so that we can immediately begin creating a new Gibson Park. Thank you. And thank you, Commission. Chair Sarnoff All right. All right, gentlemen, any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff RE.7. We did that, did we not? City ofMiami Page 68 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Vice Chair Carollo: Yes. RE.7 RESOLUTION 10-01181 Bayfront Park A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management Trust ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE BAYFRONT PARK MANAGEMENT TRUST EXTERNAL AUDIT EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 229237, THAT THE FIRMS MOST QUALIFIED TO PROVIDE EXTERNAL AUDITING SERVICES FOR THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST') ARE IN RANK ORDER: (1) SANSON KLINE JACOMINO & COMPANY, LLP, (2) ALBERNI CABALLERO & COMPANY, LLP AND (3) KEEFE, MCCULLOUGH & CO., LLP; AUTHORIZING THE TRUST TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SANSON KLINE JACOMINO & COMPANY, LLP, FOR A TERM OF ONE (1) YEAR WITH TWO (2) ONE-YEAR RENEWAL OPTIONS IN AN AMOUNT NOT TO EXCEED $63,000. 10-01181 Memorandum.pdf 10-01181 Bayfront Letter.pdf 10-01181 Pre Legislation.pdf 10-01181 Legislation.pdf 10-01181 Exhibit.pdf 10-01181 Exhibit 1.pdf SPONSOR: VICE-CHAIRMAN CAROLLO Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0449 Chair Sarnoff Gentlemen, do you want to break for lunch or --? Vice Chair Carollo: Mr. Chairman, I actually do. However, is it possible to bring up RE.7? Chair Sarnoff Absolutely. Vice Chair Carollo: I see the executive director of -- Chair Sarnoff Absolutely. Vice Chair Carollo: -- Bayfront Park Management Trust, and l just -- Chair Sarnoff RE.7's recognized for the record. Vice Chair Carollo: Thank you -- want to make sure his time is used efficiently. Chair Sarnoff Mr. Schmand -- Tim Schmand: Thank you. City ofMiami Page 69 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff -- wouldn't have it any other way. Mr. Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard, Miami, Florida. This is a resolution authorizing the Trust to enter into an agreement with Sansone Kline & Jacomino to provide external auditing services to the Bayfront Park Management Trust for one year with two year -- two one-year renewal options, in an amount not to exceed $63, 000. Vice Chair Carollo: So move. Chair Sarnoff All right. We have a motion by -- Commissioner Suarez: Second. Chair Sarnoff -- the Vice Chair, second by Commissioner Suarez. I think have to open it up to a public hearing. Anybody wish to be heard on RE.7, please step up. Hearing none, seeing none, coming back to this Commission. Any further discussion, gentlemen? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Mr. Schmand: Thank you, all. Vice Chair Carollo: Thankyou, Mr. Chairman. Chair Sarnoff Does anybody want to take anything else up that's on this agenda very quickly before we breakfor lunch? Then suggest we breakfor -- until 2 o'clock. Is that acceptable? Does anybody have any timing issues that they want to --? Vice Chair Carollo: Yeah. Could you could give me another 30 minutes because -- Chair Sarnoff 2:30. Vice Chair Carollo: -- yeah -- I need to meet with the Parking Authority. Chair Sarnoff 2:30. So we'll be back here at 2:30. Vice Chair Carollo: Thankyou. RE.8 RESOLUTION 10-01183 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Administration RESOLUTION NO. 09-0223, ADOPTED MAY 14, 2009, IN ITS ENTIRETY; ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "VIRGINIA KEY SECTION 1135 ECOSYSTEM RESTORATION PROJECT" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE DEPARTMENT OF THE ARMY, IN AN AMOUNT NOT TO EXCEED $1,500,000, FOR THE ECOSYSTEM RESTORATION OF VIRGINIA KEY, MIAMI, FLORIDA; AUTHORIZING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $124,729, FROM HOMELAND DEFENSE SERIES 2 FUNDS, AND IN -KIND SERVICES IN THE AMOUNT OF City ofMiami Page 70 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 $295,000 FROM THE VIRGINIA KEY BEACH TRUST AND DEPARTMENT OF PARKS AND RECREATION FOR A TOTAL OF $419,729; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-01183 Summary Form.pdf 10-01183 Pre Legislation.pdf 10-01183-Legislation-SUB. pdf 10-01183-Submittal-City Manager -Substitution for Item RE.8.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) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0461 Chair Sarnoff RE.8. Dorcas Perez (Director): Good afternoon, Commissioners. Dorcas Perez, Grants Administration. RE.8 is a resolution accepting a grant award from the Department of the Army for design and construction at Virginia Key, Section 1135, and it is a $1.5 million grant, and the match amount is $124, 729 from nongeneral funds which would be used to leverage the $1.5 million grant. Chair Sarnoff All right. Let me open it up to a public discussion. Is there anyone from the general public wishing to be heard on RE.8? Hearing none, seeing none, coming back to this Commission. Is there a motion? Vice Chair Carollo: So move -- Chair Sarnoff Motion by the Vice Chair -- Vice Chair Carollo: -- for discussion. Chair Sarnoff -- second by Commissioner Suarez. The Vice Chair is recognized. Vice Chair Carollo: Ms. Perez, where is -- what account is the $124, 729 matching fund coming from? Ms. Perez: These are Homeland Defense Series 2 and the B number, B-30174, award number 1378. Vice Chair Carollo: Thank you. Chair Sarnoff All right. Any -- Commissioner Gort: I have a question. Chair Sarnoff Commissioner Gort's recognized. Commissioner Gort: Who's going to be supervising the work being performed there? Ms. Perez: This will be supervised by Bob Weinreb. He's with the City. Commissioner Gort: Okay. City ofMiami Page 71 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Ms. Perez: From the City Manager's office. Commissioner Gort: Can you give us a little scope of the project, what it's going to be like, please. I hope you don't mind, but I want to know what's going to be done. Robert Weinreb (Project Manager): Good afternoon, Commissioners. Bob Weinreb, City Manager's office. This is a part of the master plan for Virginia Key. It started in 2001 with the Army Corp. The money was in place in 2003 and went to the Iraq war, so it's come back. And we have done some of the work. Some of it is building dunes and protecting the shoreline of City parks. Some of it is removing plants that don't belong and replanting natives. Some of it is north ofJimbo's. Before the north point, there's an area there that needs to be cleaned up. Some of it's on the North Beach side near the hardwood hammock and the ocean. And some of it's on the Virginia Key Trust site. So it's around those three large areas. Commissioner Gort: And the City has paid for some of the work that's been performed before. Do we get refunded? Mr. Weinreb: The City, since the agreement was signed in 2003, has done hundreds of thousands of dollars of in -kind work that'll be credited towards this grant. Commissioner Gort: And that'll be part of the -- our matching fund? Okay. Thank you. Mr. Weinreb: A good part. Commissioner Gort: Yeah. Chair Sarnoff All right. Any other discussion. Any further discussion? All right, gentlemen, all in favor -- Priscilla A. Thompson (City Clerk): Before -- I apologize. Chair, before you take a vote, I have in front of me a substitution for this RE. 8. Carlos A. Migoya (City Manager): It's here. Ms. Thompson: It says here on the substitution change of language amending previous resolution to rescinding as -- Ms. Perez: Correct. Ms. Thompson: -- per current City protocol. That's what I -- Ms. Perez: Correct. Ms. Thompson: Okay. Ms. Perez: Yes. It -- Ms. Thompson: So -- Ms. Perez: -- was -- 'cause it was initially written as an amendment and Legal let us know that it was -- needs to be rescinded and reapproved instead of amended Chair Sarnoff All right. Ms. Perez: So that was the change. City ofMiami Page 72 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff Does the maker understand that? And the seconder understand that? Commissioner Dunn: Yes. Ms. Thompson: So that it will be shown in the records as a modified resolution. Chair Sarnoff All right. Ms. Thompson: Thank you. Chair Sarnoff All right. All in favor, please say "aye.' The Commission (Collectively): Aye. Chair Sarnoff All right. Ms. Perez: Thank you. Chair Sarnoff Thank you. END OF RESOLUTIONS BOARDS AND COMMITTEES Chair Sarnoff Let's go to the board appointments and then we'll take up the PZ (Planning & Zoning). Priscilla A. Thompson (City Clerk): Chair, ifI can ask your indulgence as we go through the board appointments. To make sure that our records are correct, if any of the members would like to not take up their board appointment at this meeting and take it to the next meeting, we'll show that as continued in our records and we will have to have a motion and a vote. And if it's going to be deferred, I need you to give me a date certain and we'll take a vote as well, okay? Thank you. Commissioner Suarez: I think -- Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: I'd like to continue mine. Commissioner Suarez: Me as well. Ms. Thompson: Okay. So that all -- if we want to do it like this, all board appointments for Vice Chair and Commissioner Suarez at this point in time, we can take a one -encompassing motion and vote to defer all of those. We will still have to go through each one in case other Commissioners want to make an appointment. Is that okay? Chair Sarnoff All right. Do you want to make a motion? Commissioner Dunn: Mr. Chair. Vice Chair Carollo: Yeah. I thought I -- City ofMiami Page 73 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff You want to join in that motion? Commissioner Dunn: I want to join, yeah. We can expedite the process. Chair Sarnoff All right. So if there's a motion, it would be a motion for Commissioner Suarez, Commissioner Dunn, and Vice Chair to continue -- Commissioner Dunn: Continue. Chair Sarnoff -- defer -- Commissioner Dunn: Continue. Chair Sarnoff -- their appointments on this entire agenda. Ms. Thompson: If you're deferring it to the November meeting, we're actually going to show it as continued to the November meeting. Is that what you want to do? Chair Sarnoff Well, let's see what they want to do. Vice Chair Carollo: Or the 28th. I mean, I actually have appointments. It's just with all the budget things and so forth, I, you know -- so -- Commissioner Dunn: Fine. Vice Chair Carollo: -- the 28th? Commissioner Dunn: That's fine. Chair Sarnoff So you call a deferral to the 28th? Ms. Thompson: That's correct, defer it -- Chair Sarnoff All right. Ms. Thompson: -- to the 28th. Chair Sarnoff So that -- if somebody makes that motion -- Vice Chair Carollo: I have a motion to defer all of my appointments, all of Commissioner Suarez's, and all of Commissioner's [sic] Dunn board appointments to the October 28 meeting. Commissioner Suarez: Second. Chair Sarnoff All right, we have a motion, we have a second. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: Okay. Chair Sarnoff Okay. Ms. Thompson: So do you -- City ofMiami Page 74 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff So I can go through them, if you want, real quick? When I see somebody -- Ms. Thompson: Not too quick because we do have to write down the names and stuff, so if we can -- Chair Sarnoff Oh, I gotcha. Ms. Thompson: Okay. Chair Sarnoff BC.1, we don't need to address. BC.2, we don't need to address. BC.3, we do not need to address. BC.1 RESOLUTION 10-00911 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00911 Arts CCMemo 10-14-2010.pdf 10-00911 Arts Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.1 to the October 28, 2010 Commission meeting. BC.2 RESOLUTION 10-00856 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez 10-00856 Audit CCMemo 10-14-2010.pdf 10-00856 Audit Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 75 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 BC.3 10-00799 Office of the City Clerk passed unanimously, to defer item BC.2 to the October 28, 2010 Commission meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Francis Suarez Commissioner Richard Dunn II 10-00799 Bayfront CCMemo 10-14-2010.pdf 10-00799 Bayfront Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.3 to the October 28, 2010 Commission meeting. BC.4 RESOLUTION 10-00461 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. 10-00461a APPOINTEES: (Alternate Member) NOMINATED BY: Vice Chairman Frank Carollo Commission -at- Large 10-00461 CEB CCMemo 10-14-2010.pdf 10-00461 CEB Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.4 to the October 28, 2010 Commission meeting. RESOLUTION City ofMiami Page 76 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gary Ciuca Commission -at- Large (Alternate Member) Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0462 Chair Sarnoff BC.4, I don't have who the -- there's a Commission -at -large -- Priscilla A. Thompson (City Clerk): Yes. Chair Sarnoff -- on BC.4. Ms. Thompson: On BC. 4 there is a vacant seat for a Commission -at -large appointment. Whoever is appointed to that seat would serve as what is called an alternate member. Chair Sarnoff I'll make a motion for Garry Ciuca. Commissioner Dunn: Second. Ms. Thompson: Gary, G-A-R-Y -- I'm sorry, the last name is? Chair Sarnoff Ciuca. I'll get you the spelling. Ms. Thompson: Okay, thank you. Are you --? I'm sorry. Is someone proffering the motion for - -? Chair Sarnoff Would you proffer the motion for Gary Ciuca? Commissioner Dunn: So move. Chair Sarnoff All right. Any discussion, gentlemen? Ms. Thompson: Do we have a second? Chair Sarnoff Oh, I'm sorry. Is there a second? Commissioner Gort: Second. Chair Sarnoff Any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. City ofMiami Page 77 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 BC.5 RESOLUTION 10-00652 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez 10-00652 CSW CCMemo 10-14-2010.pdf 10-00652 CSW Current_Board_Members 10-14-2010. pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.5 to the October 28, 2010 Commisssion meeting. Chair Sarnoff All right. We -- yes, Commissioner Gort, BC.5. Commissioner Gort: I'd like to continue. Chair Sarnoff All right, then we will not address that. The Mayor has one. Priscilla A. Thompson (City Clerk): We do not have a name proffered by the Mayor. Chair Sarnoff Okay. BC.6 RESOLUTION 10-00800 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez City ofMiami Page 78 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 10-00800 CRB CCMemo 10-14-2010.pdf 10-00800 CRB Current_Board_Members 10-14-2010.pdf 10-00800 CRB Resumes.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.6 to the October 28, 2010 Commission meeting. RESOLUTION 10-00800a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Michael G. Barket Chairman Marc David Sarnoff Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0466 Chair Sarnoff BC. 6, Community Relate -- is this the -- Priscilla A. Thompson (City Clerk): Community Relations Board. Chair Sarnoff All right. I would appoint Michael Barket. Ms. Thompson: I'm sorry? Chair Sarnoff Well, I'd ask Commissioner Dunn to make -- Commissioner Dunn: So move. Chair Sarnoff -- to appoint Michael Barket. Ms. Thompson: Is that -- just want to make sure -- Michael Barket? Chair Sarnoff Barket. Ms. Thompson: Would he -- would this be his first appointment to --? Okay, because -- Chair Sarnoff This board, but he used to serve on the Bayfront Trust Board. Ms. Thompson: Okay, thank you. City ofMiami Page 79 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Commissioner Dunn: So moved. Chair Sarnoff All right, we have a motion. Is there a second? Commissioner Gort: Second it. Chair Sarnoff Second by Commissioner Gort. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. BC.7 RESOLUTION 10-00011 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00011 CTAB CCMemo 10-14-2010.pdf 10-00011 CTAB Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.7 to the October 28, 2010 Commission meeting. BC.8 RESOLUTION 10-00945 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Jose Goyanes (Term 9/1/2010 through 8/31/2014) Alan Ojeda (Term 9/1/2010 through 8/31/2014) Alvin West (Term 9/1/2010 through 8/31/2014) NOMINATED BY: DDA Board of Directors DDA Board of Directors DDA Board of Directors DDA Board of Directors City ofMiami Page 80 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 BC.9 10-00017 Kim Stone DDA Board of Directors (Term 9/1/2010 through 8/31/2014) Neisen Kasdin Pending reappointment by (Term 9/1/2010 through 8/31/2014) Governor Charlie Crist 10-00945 DDA CCMEMO.pdf 10-00945 DDA Current_Board_Members.pdf 10-00945-DDA Memo, DDA Resolution.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0463 Chair Sarnoff BC.8. Priscilla A. Thompson (City Clerk): IfI might, sir? Chair Sarnoff Yes, ma'am. Ms. Thompson: Commissioners, on BC.8 we have board appointments to the Downtown Development Authority. You were electronically and hand -delivered substitute memorandums regarding the appointments. The names shown on the agenda were names one through four, and the DDA (Downtown Development Authority) followed up with a fifth name, Mr. Neisen Kasdin, that they are nominating, who's an incumbent. And his approval will be pending reappointment by Governor Charlie Crist. Commissioner Gort: That's a Governor's appointment. Ms. Thompson: I'm sorry? Commissioner Gort: That's a Governor's appointment. Ms. Thompson: Correct. Chair Sarnoff All right. Can we get a motion as stated by the Clerk? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner -- Commissioner Suarez: Second. Chair Sarnoff -- Dunn, second by Commissioner Suarez. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 81 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez FOP 10-00017 EOA CCMemo 10-14-2010.pdf 10-00017 EOA Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.9 to the October 28, 2010 Commission meeting. Priscilla A. Thompson (City Clerk): You have your -- BC.9 would be your Equal Opportunity -- Chair Sarnoff I'm going to -- Ms. Thompson: -- Advisory Board. Chair Sarnoff -- I will defer mine. Commissioner Gort: Continue mine. Chair Sarnoff So that leaves BC.9 done or deferred. Ten is deferred. Eleven is deferred. BC.10 RESOLUTION 10-00467 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00467 Finance CCMemo 10-14-2010.pdf 10-00467 Finance Current_Board_Members 10-14-2010.pdf City ofMiami Page 82 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.10 to the October 28, 2010 Commission meeting. BC.11 RESOLUTION 10-00917 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Richard Dunn II 10-00917 Health CCMemo 10-14-2010.pdf 10-00917 Health Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.11 to the October 28, 2010 Commission meeting. BC.12 RESOLUTION 10-00018 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Chairman Marc David Sarnoff (Citizen) Vice Chairman Frank Carollo (Citizen) Vice Chairman Frank Carollo (Architectural Historian) City ofMiami Page 83 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 10-00018 HEP CCMemo 10-14-2010.pdf 10-00018 HEP Current_Board_Members 10-14-2010.pdf 10-00348 List HEP applicants.pdf 10-00348 HEP applications.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.12 to the October 28, 2010 Commission meeting. Chair Sarnoff Twelve, Madam Clerk, I'd like to ask Commissioner Dunn to tender Dr. Hopper, who is with the board, as my appointment. Commissioner Dunn: So move. Priscilla A. Thompson (City Clerk): I'm -- we have a caveat. We have a little explaining to do there. He is currently serving as a member. Since he -- the vacancies or the terms expired, he did not reapply during that period. If you'd let me continue. It is my understanding that the City Attorney's office did send an explanation to him regarding the fact that at that time he was not told he needed to reapply, so omission, whatever -- he -- but he can continue to serve. Chair Sarnoff Understood. Andl will defer. Ms. Thompson: Thank you. BC.13 RESOLUTION 10-00998 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk EMPLOYMENT RESTRICTION BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO JORGE KUPERMAN AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. 10-00998 HEP Waiver CCMemo.pdf 10-00998 HEP Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0464 Chair Sarnoff BC.14, has the Mayor tendered anyone? Priscilla A. Thompson (City Clerk): I'm sorry. Can I go to BC.13? Yeah, we have four members here. BC.13. On BC.13, we need a four fifth waiver of the employment restriction for a Mr. Jorge Cooperman, who was appointed by Commissioner Gort in March. He is a Miami -Dade County employee and a City resident, and he is eligible to receive the waiver if the Commission so desires. Commissioner Gort: So move. Commissioner Dunn: Second. City ofMiami Page 84 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff All right, we have a motion, we have a second. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. BC.14 RESOLUTION 10-00807 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Mayor Tomas Regalado Commission -at -Large (Representative of those areas of labor actively engaged in home building) 10-00807 Housing CCMemo.pdf 10-00807 HCLC Current_Board_Members.pdf 10-00807 HCLC Manager's Memo.pdf CONTINUED Chair Sarnoff BC.14, you have -- every -- this is all possible -- the Mayor, the Commission -at -large, and the City Manager. Priscilla A. Thompson (City Clerk): The Mayor has not proffered a name. The Commission -at -large has a vacancy. And the City Manager has submitted the name for the reappointment of Ms. Diana Gomez. She would need a four fifth absence waiver. Chair Sarnoff All right. Is there such a proffer? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Fifteen is deferred. (BC.14) RESOLUTION 10-00807a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 85 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 BC.15 10-00930 Office of the City Clerk BC.16 10-00575 Office of the City Clerk APPOINTEE/CATEGORY: NOMINATED BY: Diana Gomez City Manager Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0465 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez 10-00930 Homeland CCMemo10-14-2010.pdf 10-00930 Homeland Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.15 to the October 28, 2010 Commission meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mayor Tomas Regalado City ofMiami Page 86 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 10-00575 MIC CCMemo 10-14-2010.pdf 10-00575 MIC Current_Board_Members 10-14-2010.pdf NO ACTION TAKEN Chair Sarnoff Sixteen, do you have a Mayor's --? Priscilla A. Thompson (City Clerk): No, we do not have a name proffered by the Mayor. Chair Sarnoff All right. BC.17 RESOLUTION 10-00915 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez 10-00915 NAB CCMemo 10-14-2010.pdf 10-00915 NAB Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.17 to the October 28, 2010 Commission meeting. Chair Sarnoff Seventeen is up to Commissioner Gort. Commissioner Gort: Nuisance Abatement Board, I'll continue this one. Chair Sarnoff All right, so we have a deferral by Commissioner Gort as well on 17. BC.18 RESOLUTION 10-00102 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TERM Clerk LIMIT BY A FIVE -FIVE UNANIMOUS AFFIRMATIVE VOTE, AS IT RELATES TO SHANE GRABER AS A MEMBER OF THE NUISANCE ABATEMENT BOARD. 10-00102 NAB Waiver CCMemo 10-14-2010.pdf 10-00102 NAB Current_Board_Members 10-14-2010.pdf NO ACTION TAKEN City ofMiami Page 87 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff Eighteen. Priscilla A. Thompson (City Clerk): On BC.18, we don't have five members on the dais, so we'll Chair Sarnoff Correct. Ms. Thompson: -- have to skip that one. Chair Sarnoff So we'll defer that. Nineteen is a deferral. BC.19 RESOLUTION 10-00035 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00035 PRAB CCMemo 10-14-2010.pdf 10-00035 PRAB Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.19 to the October 28, 2010 Commission meeting. (BC.19) RESOLUTION 10-00035a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING ISIDRO Clerk MADE-OGANDO AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD. (BC.19) 10-00035b Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0468 RESOLUTION City ofMiami Page 88 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Carmelo Infante Commissioner Wifredo (Willy) Gort 10-00035-Submittal-Resume for Carmelo I nfante. pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0467 Chair Sarnoff Twenty, do you have a name from the Mayor? Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes. Commissioner Gort: On number 19, why is there a deferral? Priscilla A. Thompson (City Clerk): On number 19, because Mr. -- I'm sorry. No, we did not do number 19. Chair Sarnoff Well, it's the Vice Chairman's. Ms. Thompson: I'm sorry. You said 19, right? Commissioner Gort: Yes, Parks and Recreation. My understanding, the person appointed about three month [sic] ago have not attended any of the meetings, and I'd like to substitute him. Ms. Thompson: Well, what happens -- I'm sorry, Commissioner. According to our records, if we haven't received the attendance sheets for them, we don't know how many absences they've had, and then once we get that, we will notifi, you of the absences and that's a vacancy. Commissioner Gort: Please, my understanding is, he's not -- he only attended one meeting, so I'd like to get that absentees record -- Ms. Thompson: Okay. Commissioner Gort: -- so we -- I reappoint someone else. Ms. Thompson: Okay, so we'll make sure to get you the absentee record for the Parks and Recreation Advisory Board that we have in our files. Commissioner Gort: Correct. Ms. Thompson: Thank you. City ofMiami Page 89 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Commissioner Gort: Thank you. [Later..] Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir, you're recognized. Commissioner Gort: I just got an opinion from the City Attorney's office (UNINTET,T IGIBT ,F) I can replace the board member that appointed in the Park [sic] and Recreation. Ms. Thompson: So that'll be BC.19? Commissioner Gort: Right. Ms. Thompson: Can you --? Commissioner Gort: We'll be removing (UNINTET,TIGIBT,F). Ms. Thompson: I'm sorry. You're replacing whom? Commissioner Gort: Isidro Made, andl would like to replace him. Ms. Thompson: Okay. You're removing that individual? Commissioner Gort: Yes. Ms. Thompson: So then we will need a motion -- Commissioner Gort: Motion to remove. Ms. Thompson: -- a second and vote. Chair Sarnoff There's -- Commissioner Dunn: Second. Chair Sarnoff -- a motion by Commissioner Gort -- Commissioner Dunn: Second. Chair Sarnoff -- seconded by Commissioner Dunn. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: Now you want to appoint? Commissioner Gort: Carmelo Infante. And I'll give you the resume. Ms. Thompson: Thank you. Chair Sarnoff All right. Commissioner Gort: Thank you. City ofMiami Page 90 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff We have a motion by Commissioner Gort, seconded by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. BC.20 RESOLUTION 10-00918 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate) NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo 10-00918 PZAB CCMemo 10-14-2010.pdf 10-00918 PZAB Current_Board_Members 10-14-2010.pdf 10-00918 PZAB applications.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.20 to the October 28, 2010 Commission meeting. Ms. Thompson: On BC. 20, the Mayor has not proffered a name. And it's my understanding that when he does proffer, his appointment does not, I repeat, does not have to be approved by the Commission. That's my understanding from the City Attorney's office. BC.21 RESOLUTION 10-00823 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate) NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez City ofMiami Page 91 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Commissioner Francis Suarez Commissioner Richard Dunn II Commissioner Richard Dunn II 10-00823 UDRB CCMemo 10-14-2010.pdf 10-00823 UDRB Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.21 to the October 28, 2010 Commission meeting. Priscilla A. Thompson (City Clerk): Continuing, Chair. Chair Sarnoff Yeah. Twenty-one. Ms. Thompson: BC. 21, that's your Urban Development Review Board and you -- I think you all are aware of where we stand with that. There are a number of individuals who are currently serving who cannot be reappointed due to the Code that this board is created under. They will continue to serve appointments -- someone else is appointed in their place. Commissioner Gort: I'd like to continue mine. Chair Sarnoff I'll defer mine as well. Ms. Thompson: Thank you. BC.22 RESOLUTION 10-00919 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. BC.23 10-00039 APPOINTEE: NOMINATED BY: Commission AT -LARGE 10-00919 Virginia Key CCMemo.pdf 10-00919 Virginia Key Current_Board_Members.pdf NO ACTION TAKEN Priscilla A. Thompson (City Clerk): Okay. And then on BC.22, we still have not received the recommendation from the Virginia Key Beach Park Trust on that one, and BC. 23, those would be continued. Thank you. RESOLUTION City ofMiami Page 92 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Office of the City Clerk DI.1 09-01456c Department of Finance A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez 10-00039 WAB CCMemo 10-14-2010.pdf 10-00039 WAB Current_Board_Members 10-14-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to defer item BC.23 to the October 28, 2010 Commission meeting. BOARDS AND COMMITTEES DISCUSSION ITEM DISCUSSION ITEM QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR 4TH QUARTER ENDING SEPTEMBER 30, 2010. 09-01456c Summary Form.pdf 09-01456c Summary Form 11-18-10.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS Chair Sarnoff Okay. You want to do the Planning and Zoning? Priscilla A. Thompson (City Clerk): The PZs (Planning & Zonings), yes. Are we going to do an order of the day or -- procedurally how the meeting's going to run? Chair Sarnoff How would you like to do it? I -- we do not -- if we want to hold open that one item, it's fine where we are. Ms. Thompson: Yeah, we're still on one agenda -- City ofMiami Page 93 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff Okay. Ms. Thompson: -- one meeting. We're just flowing right along with the agenda. Chair Sarnoff Okay. Do you have to swear anyone in? Ms. Thompson: Yes, we do. Chair Sarnoff Go ahead. Ms. Thompson: And ifI may ask a question, Chair, as I normally do. I would like to find out ifI have anyone that would need either Spanish or Creole interpreters for this portion, ifI might? Note for the Record: The City Clerk's comments were translated by Spanish Interpreter Carlos Iglesia and Creole interpreter Carole Wilson. Ms. Thompson: Thank you, Chair. Chair Sarnoff You're welcome. Ms. Thompson: Now -- Chair Sarnoff All right. I said that I would do PZ.1 through P -- Ms. Thompson: I'm sorry. Swearing in. Chair Sarnoff Swearing in, go ahead. I'm sorry. Ms. Thompson: Ladies and gentlemen, may I have your attention, please. If you will be presenting testimony on any of the P & Z items that are on the agenda, I need you to please stand and raise your right hand so that I can swear you in. If you're testifying on P & Z items on today's agenda. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Thank you, Chair. Chair Sarnoff You're welcome. Maria J. Chiaro (Deputy City Attorney): The procedures for the PZ agenda will be as follows. Staff will briefly describe the requests, the text amendments for the zoning changes. The petitioners will then present the requests. The City will present its position. Members of the public will be permitted to speak on certain petitions. The petitioner may ask questions of staff. The petitioner will be permitted to make final comments. PZ.1 ORDINANCE First Reading 08-00166Iu 1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED City ofMiami Page 94 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3400 GRAND AVENUE; 3435, 3441, 3445 AND 3449 HIBISCUS STREET; 3454, 3441, 3439, 3407, 3460, 3452, 3440 AND 3430 THOMAS AVENUE; AND 3420, 3454 AND 3456 ELIZABETH STREET, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL", EXCEPT WITH TRANSITIONS AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-001661u1 Analysis.pdf 08-001661u1 Land Use Maps.pdf 08-001661u1 Aerial Map.pdf 08-001661u1 Application & Supporting Docs.pdf 08-001661u1 Survey.pdf 08-001661u1 Miami -Dade County Public School Cuncurrency.pdf 08-001661u1 CC Exhibit A.pdf 08-001661u1, 08-001661u2, 08-001661u3, 08-001661u4 & 08-001661u5 Exhibit B.pdf 08-001661u1 PZAB Reso.pdf 08-001661u1 CC Legislation (Version 3).pdf 08-001661u1 CC 10-28-10 SR Fact Sheet.pdf 08-001661u1-Submittal-Williams A. Armbrister-Petition Letters.pdf 08-001661u1-Submittal-Lucia Dougherty -Letters of Support.pdf 08-001661u1-Submittal-Williams A. Arrmbrister-Petition Letters 10-28-10.pdf LOCATION: Approximately 3400 Grand Avenue; 3435, 3441, 3445 and 3449 Hibiscus Street; 3454, 3441, 3439, 3407, 3460, 3452, 3440 and 3430 Thomas Avenue; and 3420, 3454 and 3456 Elizabeth Street (Paradise Island Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Paradise Island, LLC, Paradise Island Development Corp., Evelyn Roberts, George and Dazelle Simpson, City of Miami, Christ Episcopal Church, Inc., and Christ Protestant Episcopal Church, Inc., Collectively Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 6, 2010 to City Commission by a vote of 7-0. See companion File Ds 08-001661u2, 08-001661u3, 08-001661u4 and 08-001661u5. PURPOSE: This will change the above properties to "Restricted Commercial", except with transitions as presented by the Planning Department and attached as "Exhibit B", for the proposed Grove Village Major Use Special Permit. Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff All right, PZ.1, andl guess we could take PZ.1 through PZ.5 as a public hearing together, but -- you're recognized for the record. City ofMiami Page 95 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Francisco Garcia (Director, Planning): Thank you, sir. You are correct in stating that items PZ.1 through PZ.5, including PZ.2, PZ. 3, and PZ.4, are all, in a sense, companion items. They are all properties which jointly will subsequently be part of a Major Use Special Permit for your consideration, but not today. What is before you today in these five items are proposed land -use changes for these various properties. What I would like to do is also show you a map perhaps that will be of some assistance in understanding this item and describe to you, after I've read into the record what each PZ (Planning & Zoning) item entails, how basically we are recommending and how the Planning, Zoning andAppeals Board has recommended as well. So to begin, I will mention that PZ.1 is a proposed land -use change from single-family residential and duplex residential to restricted commercial in the block located approximately at 3400 Grand Avenue. The Planning Department's original recommendation was that of denial, as was that of the Planning, Zoning and Appeals Board. Item PZ. 2 is also a future land -use change map -- rather, a future land -use map change proposal from single-family residential to restricted commercial at the blocks situated approximately at 3380 Florida Avenue. The Planning Department's original recommendation was that of denial and the Planning, Zoning andAppeals Board recommendation was that of approval with a condition that it be subject to a letter of intent introduced by the applicant. We will cover that in a moment. Item PZ.3 is also a proposed land -use change at the block located approximately at 3361 Hibiscus Street, and the change would be from single-family residential to restricted commercial. The Planning Department's original recommendation was that of denial. The Planning, Zoning andAppeals Board recommendation was that of approval subject to the letter of intent. PZ.4 is for the block located approximately at 3363 Thomas Avenue, also from single-family residential to restricted commercial; Planning Department recommendation also of denial; Planning, Zoning and Appeals Board recommendation of approval pursuant to the letter of intent. And lastly, item PZ.5 includes the block located at approximately 3558 Florida Avenue. The proposed change there is from single-family residential to restricted commercial, and the Planning recommendation was originally for denial and that of the PZAB (Planning, Zoning andAppeals Board) was also of approval pursuant to the letter of intent. Having said that, I would like to walk you very briefly through a series of images that we hope will elucidate this matter a little bit further. What you see there are five blocks along Grand Avenue in essentially the center of Coconut Grove. And what you will see highlighted or framed in blue are the properties that are the subject of this application -- or these different PZ items before you. You will see that each block that is subject of this application makes reference to the PZ item that is contained in this agenda. It also has a name given to it by the applicant. And when you see their presentation, they will make reference to those names of different Bahamian islands, and you will also see the -- a number for the resolution issued by the PZAB. Also in the previous image you had seen the present state of the land -use designations. This is the original application that we had received, and it is on this application that our original recommendation for denial was issued. And what you see there is that most of the land that is the subject of this application was actually proposed to go to restricted commercial -- or actually, no. General commercial was the original application in most instances, and that is what elicited a recommendation of denial from the Planning Department. This is the proposal or the version of the proposal that was captioned in the letter of intent submitted by the applicants to the PZAB, and the PZAB recommended approval for some of the items pursuant to this letter of intent but left PZ.1 -- item PZ.1 out of the recommendation of approval because they had some reservations about that. The PZAB had recommended approval subject to that letter of intent, staff however had some reservations, and staff subsequently met with the applicant to refine this proposal further, and the result of those meetings you will see in the next image, I believe. That reflects that PZ.1 was left out of PZAB's recommendation or rather, they were actually recommending denial for this particular block. These are the different resolutions issued by the Planning, Zoning andAppeals Board. And this before you now is the proposal by the applicant, which has met with staffs approval. We generally agreed, for your consideration obviously, that this proposal complies with the needs of the applicant in terms of redeveloping Grand Avenue in a useful manner conducive to the area and also protects the interests of the nearby residential property owners by offering in each case for each block a buffer, a residential buffer immediately abutting the residential properties at City ofMiami Page 96 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 either side of the two parallel roads to Grand Avenue. I thinkl will leave it there by way of presentation and certainly make ourselves available to answer any questions you may have. Chair Sarnoff Thank you. Let me open it up to a public hearing. Anyone wishing to be heard on PZ.1 through PZ.5, so the public hearing will be clear, can speak. You're recognized for the record. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty and Iris Escarra, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant. And joining us this afternoon is Peter Gardner with Point Group Developers; Margaret Nee, his colleague; Max Strand [sic], our architect. Peter Gardner has been in this community his entire life. He was born and raised in Coconut Grove and he intends to stay here and will stay here. I say that because he is a person that has to meet your scrutiny, that of the community, and that of the rest of the residents in Coconut Grove if he does not do what he says he's going to do in connection with this project. Now just to make it clear, we agree with the Planning Department's recommendation that you see today on your screen. In 2008 we requested a land -use and rezoning changes on two blocks of Grand Avenue, and those are the two blocks of the most westward two blocks. At that time we told you we were going to be returning to you with a Major Use Special Permit for the entire six -block area. That Major Use Special Permit is -- actually has been filed along with a rezoning, and it's been filed since last May. But after that 2008 approval, there was a major shift in the economy, which this project has been responding to ever since. And for example, there -- at one time we had the grocery store on the Bimini block and it's now moving to the Abaco block. The grocery store that we've been working with has said to us that anywhere within a mile of the water, they need to have it on the second floor, so -- and that's a good thing for the planning process because that means mom-and-pop stores can be on the ground floor, but the grocery store has to be on the second floor. So that's something that we had to amend our Major Use Special Permit to include those changes. Like -- also, we had at one point on the Paradise block and -- at one time on the Paradise block, this was slated to be an office (INAUDIBLE). Now we have met with and have a letter of intent from a major housing developer for market -rate rental housing on this block instead of offices. So again, our Major Use Special Permit had to be amended. So why are we here today? We're here only with a land -use change. And as you know, 'cause you've seen it today and many other times, when you have a large-scale project like this, you have a land -use change, you have a zoning change, and you have a Major Use Special Permit. And we're today - - we are here today only with a land -use change and we're -- you may say well, why you're doing that? Why you're only coming --? Why are you bifurcating it? And it's for one reason only. Because on November the 2nd, Amendment number 4, if it passes, means that you'll have to have a referendum for a land -use change and that could delay this for another year. In other words, when's your next election? You don't even have a process in place for this now. What does that mean for us when you're executing a lease with a grocery store or any other retailer and you say to them, oh, but by the way, this is going to be contingent upon a referendum that could occur a year from now, it's pretty much impossible to do. So we would have a missed opportunity if we were delayed to that extent, and we didn't get to plan for this because we have been planning this process since 2006. So why didn't we bring this rezoning with it? The Planning Department said let's bring the rezoning along with it, and we said no. We want to make sure that the community and the City Commission knows that we can't do anything with this process -- with this project. There is nothing that could be built other than single-family, after you pass this today, without a rezoning and a Major Use Special Permit. And we know that you and the community wants to review that prior to us coming before you with a finalized plan. Now this -- we aren't the only city that has this problem. I noticed in the paper three or four different cities having large land -use amendments and they're going forward with their cities in the paper because they know this is a possibility, that it could occur. But again, I want you to be aware that there's nothing that we can do on this property that we have -- that otherwise you can't do today by reason of your approval today. And nobody would do this if they didn't have to. It's sort of like the Chinese death by a thousand cuts because we have five applications before you City ofMiami Page 97 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 today. We've already been to the PZAB. You have another hearing on this. And for the Major Use Special Permit and the rezoning, we're going to have another 15 hearings. So nobody would bifurcate this if they didn't have to. It just doesn't make any sense to try to, you know, separate out when we can have, you know, four hearings instead of fifteen. So our suggestion is for you -- or we just want you to be aware that we wouldn't in this position, we wouldn't put you in this position, we wouldn't put the neighbors in this position if we didn't have to. We have Max Strand [sic] here. He's the architect. We can walk you through the Major Use Special Permit special components that's already on file, if that's something that you desire to see. We'd like to show it to you, and that's up to you, Mr. Chairman. Chair Sarnoff Well, I think it's reasonably important for everybody to see what's intended to be built, so if you wouldn't just mind showing us -- Ms. Dougherty: No. I think -- Chair Sarnoff -- what's intended to be built. Ms. Dougherty: -- it's a good idea as well. While Max is coming up, I want you to know that we still adhere to the historic and cultural identities of the Caribbean island, and it addresses the community efforts or requests that were made to us before, and that is to include affordable housing, and he's going to show you that, and it's all low -scale. Max Strang: Thank you, Lucia. Max Strang, with offices at 3326Mary Street, in Coconut Grove. Let me see where we are. As Francisco was saying earlier, there's six blocks here. Each block kind of has its own identity, but yet, it's all tied together in this Caribbean/Bahamian theme. We don't exceed five blocks anywhere -- five stories anywhere in the project. In some places it's considerably lower. At the heart of the project, we have some public green space. There's not a lot of places in Coconut Grove where you can have that green space next to little cafes and shops, so it's a great place to be a heart of Coconut Grove. This exhibit here is just a typical streetscape. We have lots of balconies, overhangs, louvers, shutters, some of those historical customary Caribbean designs. And it was important for us in early talks with the Planning Department to make this look like it was not just one big massive development that was done all at one time, and that's why you see the variation in here. We'd like to be respectful to the neighborhood, to Coconut Grove, to the residents. The reason you're seeing a lot of these land -use changes and applications here is the depths currently granted on Grand Avenue is not enough to make for the viable retail and the servicing in the back and all that stuff so that's the main imperative here, to push this back so we can make Grand Avenue a real main street. So as Lucia said, the MUSP (Major Use Special Permit) was going to be coming back in front of you. At that point in time, we can get into the tight and nitty-gritty aspects of it, but we wanted you to see just a general intent of what's coming your way. Chair Sarnoff All right. Mr. Strang: And this is the grocery store. As you can see, there's the mom-and-pop shops across the bottom. The store is raised up. We're going to do a really thick green living wall system, kind of much like you see on the beach. There's a precedent for that. And here we have affordable housing townhomes on the rear of that block and also there's affordable housing elsewhere throughout the project. Butl think you get the general gist. And look forward to coming back and explaining it in more detail when the MUSP comes. Thank you. Chair Sarnoff Thank you. Ms. Dougherty: I also have some letters. I have over 40 letters to submit into the record. A few of them would like -- I'd like to read to you. They were people who did attend the PZAB hearing, like Dr. Simpson, and he is unable to come today. He said I'd like you to read this in my absence City ofMiami Page 98 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 to the Commission. This is Dr. Simpson. I had planned to come before the City Commission meeting today, but I have a 3 o'clock conflict. I still fully support the Point Group Development plan for the long -neglected Grand Avenue corridor. I feel that it's only valid and viable plan for this area in the foreseeable several years. There's already been 20 years of disappointment. I feel that the Point Group is reliable and is working in the best interest of West Grove. Anthony Parrish, who, as you know, has worked and has many developments in West Grove. His letter to you are dear Commissioners, as president and manager of Wind and Rain Properties at 145 Grand Avenue, 3700 Grand Avenue, and McFarlane Investments, I and my partners give full support to the rezoning applications of Point Group and urge your vote to favor -- in favor. Of course we're not rezoning andl want to make that clear. My partners andl had been in the village since -- Village West since 1994, first as home builders for the first-time homebuyers. None of our homeowners have ever been in foreclosure. And then as builders of the first new office and retail buildings in Grand Avenue in 50 years or more. We own properties on the northwest and southwest corners of Grand and Douglas. Our tenants are struggling, despite the lowest rents in Coconut Grove. We need more commercial activity on Grand and we need it now. Tomorrow may be too late. Please assist Point Group to move their project along without deferrals. Their plan is a good one and they'll live up to their commitments. And Fredric Saunier writes, dear Commissioners, I offer my enthusiastic support for the project you have proposed or they have proposed on Grand Avenue and Coconut Grove. In my view, it adds much -needed social and fiscal renewal to the history of Coconut Grove. More power to them, your neighborhood coalition and your professional team. And that's from Fred Saunier. (UNINTELLIGIBLE) Center has also submitted a letter. I'm not going to read it. Likewise, West Grove Food Zone, Richie Cooper, and 40 other letters from the West Grove. I also have a letter here from the Legal Services of Greater Miami, and they said unfortunately, we cannot attend tonight's meeting. I want to state for the record that I'm still in favor of Point Group's Coconut Grove development and hope that Point Group will continue to work with the West Grove community to answer any questions and resolve their concerns with regard to special zoning reports. I believe that Tucker would like to speak to you also about Amendment number 4. Tucker Gibbs: Good afternoon. My name is Tucker Gibbs, with law offices 2980 McFarlane Road. And I'm here tonight -- today representing Point Group as well. And I've been asked to talk about Amendment 4. Amendment 4 has been on the lips of a lot of people because it's up. It's coming up for a vote in the next election. And Amendment 4 is somewhat controversial and it's controversial because it allows people the right to vote, which is not a controversy, but it allows people to vote on planning and land -use issues. What that means is any time there's a comprehensive plan amendment, the people have a right to vote on it if it passes. And there is nothing in Amendment 4 that spells out how it's going to be implemented, and that's a real serious issue. It's an issue for the City. It's an issue for the Legislature. The question is what will the Legislature do if this passes? What will you all do if this passes? If this does pass, will the Legislature decide to decide what the process is going to be for municipalities, which it can do? Will the City decide to come up to the plate and decide how these elections will go? I suspect the City's going to wait for the Legislature. Well, the Legislature doesn't get into action until April and May of next year, so what that means is no comprehensive -- if this passes, there will be no comprehensive plan amendments at least until that time. If the City decides it's going to make the decision and create the process, the City has to look at how are we going to deal with this in the context of the statute? The statute has small-scale amendments which can go up at any time. Does that mean there's going to be an election every time you're going to have a small-scale amendment? How do you handle that election? Will it be mail -in ballots? Will it be at the voting booth? And will there be an election every time someone applies for a small-scale amendment? Will there be an election every two or three months? Then we deal with the large-scale amendments. The state statute says that you have to do it -- you have it at least once a year, but most they say twice a year, at the most. So the question is do you have two elections every year for small-scale and large-scale amendments. And again, it's the same issues. How do you run those elections? Then who pays for the elections? Are the taxpayers of the City of Miami going to pay for the elections? Is the developer going to pay for the election when the City ofMiami Page 99 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 developer applies? Is the -- or if somebody initiates -- and by the way, your Charter allows citizens to initiate ordinances. Comprehensive plan is an ordinance. Can somebody initiate that? Who is going to pay for that election? It is going to be the person who puts that initiative for the referendum in front of you, that individual citizen? Is it going to be the taxpayers? The question is who is going to pay for it? And let's say you all figure all that out and create an ordinance that everybody's going to be happy with and you implement this process. What do you think someone's going to come in and take it to court and challenge it? And how many of these will be challenged throughout the state? Even if no one challenges yours, someone may challenge an ordinance that's very similar to yours and it could have implications on your ordinance. The question is how long -- and this is my client's question -- if Amendment 4 passes will any developer who has a project that everybody likes, how long will they wait to get an approval? Because right now this is a tough time when there's no process that's in place. That process could not -- may not be in place for one, two, or three years. Andl give you one word, andl think that your City Attorney will know that word, and that's Omnipoint. The Omnipoint case was a case that challenged the Miami -Dade County code of ordinances dealing with zoning, and the Third District said that they threw out the entire Miami -Dade County zoning process. And during the appeal, which I think took two or three years to the Florida Supreme Court, basically development in Miami -Dade County, unincorporated Dade County stopped. So the question is if you want a good project to happen, follow this process through. Do not delay it. Right now you're in a period of time where you can get some quality development in this town. These issues -- and I'm only scratching the surface. I'm sure there are more. But Amendment 4 may stop development. This is a good project. It's a project that the approval -- if you give the approval today for this land -use amendment, that does not mean that this project is a go. You all have many, many hearings to go forward. It's a Major Use Special Permit and a rezoning that you all have to approve after a public hearing. If you say no today with Amendment 4 -- if you delay it today, you're basically delaying this project for one, two, maybe three years, and it may kill the project. If you approve the project -- if you approve the land -use amendments today, all you're doing is letting this go to the next stage. The next stage is in front of you guys. It's the Major Use Special Permit. So I urge you to please support the land -use change, understanding the implications of Amendment 4. Thank you. Chair Sarnoff Thank you. All right, anyone else from the general public wishing to be heard? Mr. Cruz, you're recognized for the record. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26 Street. I'm going to talk about this because whenever there's some kind of problem in my neighborhood before, it was a lot of people coming that work in the Civic Center and then they decide the zoning changes there to put more prison, more institutions, everything. And now I know the neighborhood because 30 years ago, I deliver the mail there. I walk from Charles -- from Main Highway to Douglas, the whole neighborhood, when the West Grove had remain about the same, like a Bahamian town there. But the East Grove I could see the difference; I had been there 'cause I used to deliver there to the Dinner Key lodge, the Tigertail Arms, whatever you got there. The Grovenor used to be the naval reserve there. The whole thing there was -- it's a lot of changes there. Now I am all for change because at that time, too, in 1980, Kendall Drive -- you went to Kendall and you went tomato farms, everything. Now you go to Kendall to try -- if you want a tomato, you have to go to Publix to find a tomato there, you know, and that's it. I am -- maybe it will be good -- it is good -- it's a change. We have to change things, and maybe it would be good if the residents benefit from the -- usually, when a lot of these changes happen, the residents don't benefit; someone else benefits, some speculators or whatever it is, you know. But make sure that the resident of the Grove -- 'cause I know -- I used to work at the station that's called now (UNINTELLIGIBLE) Road 'cause I know -- I visit Frank on (UNINTELLIGIBLE) Road at the house there in the West Grove, so I know where they are, okay. Thank you. Chair Sarnoff Thank you. You're recognized for the record, sir. City ofMiami Page 100 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Edwin Gaitor: Good evening. My name is Mr. Gaitor. I'm a resident in Coconut Grove. I'm a business owner from Safe and Sound Security. It's good to be here amongst you Commissioner. Mr. Sternoff [sic], I would like to be able to sit down with you and talk with you further about other things, but why are we here today in regards to Point Group and this project that we're looking to go forward on. Myself, personally, I've been -- born and raised in Coconut Grove. I've been here at the Zoning meeting a week ago in regards to this matter. Mr. Dunn, Sarnoff, and the other Commissioners -- I assume that there's more -- I would like to say to you all that I understand that community concern. I live on the other side of Grand -- on Douglas Road. These people, I understand they concerns. I know Mr. Rasheed have some issues that, you understand, they're dealing with in terms of the things that is needed in Coconut Grove. I have no problem with that. Again, I say to you as I said to the zoning Commission, they need to sit down together. They need to have they round tables. I'm not going to change my opinion about how I feel about Point Group and what they're doing. This project, I feel very strongly, that it is needed. It is a must. Now, let me tell you, before I came here, the very same avenue and situation that they're talking about, I stand on that Grand Avenue community just to see what's coming and going and the same thing that I lived in all -- pretty much all my life. Ain't nothing changed. There's a history to Coconut Grove. There's a mystery to Coconut Grove. This should have been done long time in Coconut Grove. But you talking about the givers and takers. You talking about those that decide to want to do what they want to do. Well, that's the same thing that Coconut Grove is dealing with right now today. Chair Sarnoff Mr. Gaitor, I need you to conclude. Mr. Gaitor: Okay. I'm not going to take up too much of you all time, but I would like to say to you all gentlemans [sic] that, please, it is a must that this project must move forward. This project need to move forward That community need for this project to move forward Andl would like to conclude from that point that that's what needed. Chair Sarnoff Thank you. Mr. Gaitor: Thank you, sir. Chair Sarnoff You're recognized for the record. Williams Armbrister: Williams Armbrister, 3260 Thomas Avenue, Miami, Florida. After the speeches we've heard, which I must say are some of the best that money can buy. I would like to present this to you. Chair Sarnoff City Clerk. Mr. Armbrister: What I presented to the City Clerk is over 150 voices that would like for you to hear that have been in this community for generations as far as what they'd like to do with our community. As far as development on Grand Avenue, we welcome Point Group and their constituents, and we'd love for them to do something with that corridor, but what we are against is anything they'd like to do that's going to take away the residential. We want them to stay off the residential part and do their work. When they have something -- because over the years -- and this has been four decades that we've been -- there's been an attempt to move us out of the community. This isn't -- this didn't start in 19 -- 2008. This didn't start ten years ago. This has been 40 years, so development on Grand Avenue is good, but not at the cost of removing residential homes out of the community. Now they bought the lots. They bought them. They were zoned at residential and we'd like for them to stay residential. We -- if you go down Southwest 8th Street on the south side, the businesses are good and they don't go into the residential community. And business is well. They develop well on Southwest 8th Street. And if you go up Northwest 7th Street, between 8th and 7th, there's business in between there. But the businesses don't flow into the residential community. Northwest 7th Street, 27th Avenue, they City ofMiami Page 101 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 don't flow in. Mercy Hospital, we thought that it was good not to change the zoning and honor the wishes of the residents there. Home Depot, we thought it honored the residents there. You are our agents andl'm upset not with them, but at their attempt to come in and turn us into -- we're not a big New York style. We're a village. We're a village. We have west village and we have the east village, and we don't want all of Grand Avenue to be Mayfair, andl'm speaking as a -- in behalf of the community, and I'd like for you to please not even consider changing the zoning in our community. We want our community to remain community. And you get the opportunity to demonstrate whether you're for the people or you're for the developers. Chair Sarnoff Thank you. Mr. Armbrister: And thank you. Chair Sarnoff Anyone else from the general public wishing to be heard on PZ.1 through PZ. 5, please step up. You're recognized for the record. Jihad Rasheed: My name is Jihad Rasheed, president of Coconut Grove Collaborative, 3628 Grand Avenue. I spoke recently before the PZAB about this issue. I've worked in this community for 25 years to stimulate equitable community development. And we've always wanted some developers of the (UNINTELLIGIBLE) and breadth of Point Group to come in, and when the proposal was first put forward, it was very concerned that it was inadequate consideration to affordability in this project. And recently, I've agreed because we have come to some meeting of the minds with respect to affordable housing that, as a consequence of this project, we would garner at least a hundred units of affordable housing. In the spirit of goodwill and good faith, I agreed to support this project going toward, but also want to take this opportunity, with respect to this Commission, to act as a facilitator to understand the aspirations of the community and to allow them to equitably enjoy prosperity in a proportionate way, in an equitable way. And because of the goodwill that they've demonstrated -- Point Group I'm referring to -- in recent hours and days, I think that we should move forward with that consideration and that proviso. Thank you. Chair Sarnoff Thank you. Anyone else from the general public wishing to be heard? Yes, sir. George Simpson: My name is Dr. George Simpson. I'm a resident of Coconut Grove since 1953. My address is 3619 Percival Avenue. I've worked in this community in many capacities, and one thing that has disturbed me greatly is the (UNINTELLIGIBLE) the dying of West Grove for the last 30, 40 years, more so in the last 20. I understand that a letter -- which I did not think I'd be able to be here, but was able to make it andl want to say this in person. My granddaughter gave me a frying pan for Christmas and so I learned to make an omelet, which I love. And the first thing learned was if you're going to make an omelet, you got to break some eggs, you got to break some shells. Andl think this project is doing the most gentle breaking of shells that could be possible. I think that this group, in my opinion, in my experience, has communicated with and sat down with every person or every group that wanted to sit down with them, including myself, andl think that this commercial development cannot go on without some alteration of the zoning, and I think that the minimum alteration in the lack of housing has been achieved. In fact, the group, from what I understand, is now planning with the community to build extra affordable housing. I think this community and this particular area of Coconut Grove can no longer afford another ten or twenty years of the same obsolescence and decay which is happening now. I think this is a good project. I think that everybody seems to like it, andl think that to delay it now would mean the death knell, perhaps, of this project because of the time consequence. So I urge that we go ahead -- that this Commission allow this project to go ahead with the least obstruction of time. Thank you. Chair Sarnoff Thank you. Anyone else from the general public wishing to be heard? City ofMiami Page 102 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 William Bellenger: Hello. My name is William Bellenger, 3461 Florida Avenue, also born and raised in the Grove. The 200 units that they want to build on the residential side, on Thomas Avenue, is too impactful. And also, has a traffic study been done by the City or Point Group? And also, the letter of intent from Publix, we, as a community, still have not seen. Can we get that? And the plans for the Dominos Park, has anybody seen that? Can we see that? You know, this is not just a local thing. It's a national thing. And if necessary, we would like to get and we will have to, if possible, get an injunction relief from the court, if necessary. And you know, this is an unprecedented for a historic community like Dade County to have Coconut Grove, which is their oldest city, be impacted like this on a residential side. It just does not make any sense. We agreed, as a community, to go ahead with the development from '08. We're not against the development on Grand Avenue. We are really for it, okay. And all the spot zoning that is being done now and building around the residents, it -- and back door eminent domaining folks, you know, bringing down the value of the neighborhood, my property, it's impactful. And please, don't delay it on Grand Avenue, really, really, please. Don't encroach upon the residential sides. Like I say, I'm directly impacted by it. Andl ask that you have warmth and sympathy towards the community with this. Thank you. Chair Sarnoff Thank you. Mr. Bellenger: Excuse me. May I say, since -- Chair Sarnoff Have you spoken already? Mr. Bellenger: -- I'm representing such a large group of people, I would ask that you would humor me and -- enough time to go through these PZ. 1 through 5 again. I'd appreciate that very much. Chair Sarnoff I'm going to give you one more minute. Mr. Bellenger: Okay. On PZ.1, it's bad because it's taking away two blocks of the residential community. You know, they want to take away two blocks of the residential community. I'm trying to do this quickly. On PZ.2, that's bad because they want to take away a block of the community. They want to take away from Margaret Street to Elizabeth Street, the entire side. Those are homes that should be built on those lots that are zoned for housing. On PZ.3, they want to take away homes from Elizabeth to Hibiscus and they want to leave four lots in between the businesses that they proposed on PZ.3. On PZ.4, what they want to do here on Thomas, they want to take away a block, and there are three more homes that are impacted that aren't going to sell on PZ.4 on that block. So on PZ.5, let's go, they want to -- they got that one lot -- they want to make that one lot, entire lot commercial. The rest of the block is residential. Half a block and that one lot, they want to make commercial. And for you to decide to allow them to rape and pillage the people that you're here to protect and serve -- Chair Sarnoff Thank you. Anyone else wishing to be heard on PZ.1 through PZ.5? You're recognized for the record. Bennie Chapman: Good evening, everybody. How are you all today? My name is Bennie Chapman, 3360 Florida Avenue, in Coconut Grove. I'm here today because I'm against the developers coming on Florida Avenue. They could stay on Grand and do all the good work they can, but please leave us alone. I was born and raised in Coconut Grove. All of my life I lived in only two places in Coconut Grove. The first place, I was brought home from the hospital; was the only black community in Coral Gables. From there we moved on Florida Avenue once I finished high school. So please, don't bother us. You come in, as I said before, with affordable housing. What do you call affordable housing? How much are you going to charge us for that? You come in, you buy our houses, you tear them down. On Grand Avenue you have spaces where you brought the apartments. On Florida, you bought the houses. You tore them down. City ofMiami Page 103 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Those people have to move out. When those people move out, our children have to go. Therefore, we have no place to go. You, the Commissioners, we throw our mercy upon this board today. All of our children from West Grove had to move. The assistant principal from Coral Gables came to our church and asked us where are all the black kids from Coconut Grove. They only have two hundred and something children over at Coral Gables Senior High. So like Peter said, he born and raised in Coconut Grove and he intend to stay here. So I'm born and raised in Coconut Grove andl intend to stay here. I'm getting old now. I've retired. I have no place else to go. You come in, you get our homes for peanut, and if we go someplace else to buy another house, it's going to take that same money to buy that house, pay the tax, plus you have to pay insurance. And after that money is gone, we have no place else to lay our heads. Chair Sarnoff And in conclusion. Ms. Chapman: Andl will -- but see, you're going to make us come to a quick conclusion when you don't let them do that, but I'm going to come to a conclusion because whatever you do, you don't want us to go on your street, Peter, and try to change your resident -- Chair Sarnoff Thank you. Ms. Chapman: -- into commercial, so don't -- Chair Sarnoff Thank you. Ms. Chapman: -- come to our street. Chair Sarnoff Thank you. Ms. Chapman: Please, you as the Commissioners -- Chair Sarnoff Thank you. Ms. Chapman: -- we throw our mercy upon you -- Note for the Record: Chair Sarnoff turned off microphone; therefore, speaker's comments were not transcribed. Chair Sarnoff Thank you. Applause. Chair Sarnoff Thank you, thank you, thank you. All right, I'm going to ask you now to remove her. Okay, anyone else from the general public? You're recognized for the record. Ida Adkins: My name is Ida Atkins. I am a homeowner on Florida Avenue, right next door to 3472, which is going to be torn down or sold or whatever. I am not a native from Coconut Grove. I came here from South Carolina when I was 17 years old, but I consider myself as a native. But why I'm here, it seems that all around me is going to be gone. I work too hard for my house. I have nowhere to go. I'm not going back to South Carolina 'cause it's too cold. And I am now 75 years old and my husband is 80. He has one leg andl have now been diagnosed as cancer patient. Butl am not going to stand by and let you all take my house. As I said before when I was here, you can build on top, around me, and you can -- my tax that won't be able to sell the house to get nothing for it, but I'm going to stay there, ifI have to be up on the rooftop, but remember, God knows everything and he will take care me and my family. And I'm looking at you all because you all going to go home and you're going to lay down and rest easy, but I'm going to be worried about what's going to happen to my house and me and my husband. But for my sake, please, please, don't let this go. City ofMiami Page 104 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff Thank you. Ms. Adkins: -- tonight, Brother Dunn. God bless you. Chair Sarnoff Thank you. Anyone else wishing to be heard on PZ.1 through PZ.5? You're recognized for the record. Renita Samuels -Dixon: Good evening. My name is Renita Samuels -Dixon. I was born and raised in Coconut Grove. To the honorable Commissioner Marc Sarnoff, I was here at the PZAB hearing last week or the week before last, and in that meeting, the objective was to discuss land use. I have the master plan that was used that night. However, today it's a little different than what was presented. So for example, we're looking at PZAB 1, which before was considered, I think it was, PZAB 2. But to make a long story short, on that piece of property, I think what the problem is as we do not understand the actual zoning terminologies. We're looking at restricted low density, medium density, and high density for restricted commercial, and everybody is confused about the terminology restricted commercial. Because when you hear that, what would you think of? You would think commercial. So you have a entire community that's hearing the word commercial thinking that at some point in time, even though there may be a covenant that says all that Point wants to do is build town houses and single-family homes and, in some instances, nothing at all, the ring of commercial scares everybody, including me, and I've been trying to come up -to -speed on understanding this for the past three weeks. So I think that there needs to be more dialogue between Point Group, the Planning Department, and the community so that we all understand where we're going. Chair Sarnoff And in conclusion. Ms. Samuels -Dixon: Well, there was a document that was presented by Lucia last week called the letter of intent. And in that letter of intent, in the second paragraph, there was some confusion about the wording in talking to some of the residents of Coconut Grove. Chair Sarnoff In conclusion. Ms. Samuels -Dixon: Ifyou go down to -- come up one, two, three, four, five, to the fifth sentence, beginning with density fronting on Florida Avenue, that needed to be understood because we're talking about the south side of Florida Avenue and the residents do not realize that. And that's why we had -- we're coming here today to try to get some understanding. Chair Sarnoff Thank you, Renita. Appreciate it. Ms. Samuels -Dixon: So I hope that as you make your decisions today -- Chair Sarnoff Renita, thank you. Ms. Samuels -Dixon: -- I'm closing -- I would like that you take into consideration that we're trying to understand residentially what's going on. We're all for Point Group coming. They have a beautiful plan. But we just need to understand -- Chair Sarnoff Thank you. Ms. Samuels -Dixon: -- and come to some decision on understanding. Please don't. Chair Sarnoff Thank you, Renita. Ms. Samuels -Dixon: -- in terms of how to work with residential in our community. Thank you. City ofMiami Page 105 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff Thank you. Is there anyone else wishing to be heard on PZ.1 through PZ. 6 [sic]? Hi, Lottie. Lottie Person: Haven't seen you for a long time. The whole look real beautiful. Okay, down to business. My name is Lottie Person. I live at 3111 Plaza Street. And I'm here -- I'm mostly -- you know, like I said, I don't know a whole lot about the zoning, but I do know what we need here in Village West. Okay. I'm here for y'all to pass whatever need to be passed in the zoning on Grand Avenue. On Grand Avenue we have some seniors. I hear there's going to be a store going to be hopefully built there, andl'm campaigning for the store. And we need -- not only the store. We need commercial on Grand Avenue. There is nothing going on on Grand Avenue and we need something. I am sorry that the other part of Village West think that I am not working with them toward their homes. We're in negotiation. That's what, you know, we have to do if you want to, you know, the houses. I'm not against that. Now I'm not that crazy. I owned a home myself when I was in Cleveland, but I wanted things, you know, to be convenient. There is nothing on Grand Avenue. And if you go down on the weekend, on a Sunday, nothing is going on. I'm asking you -- maybe I didn't say too much up here. But I'm asking please pass -- please, Reverend Dunn -- Chair Sarnoff Thank you, Lottie. Ms. Person: -- please, the rest of you, we need that. We need -- please pass that. I'm -- please. Chair Sarnoff Thank you. Ms. Person: Because it's just going to go on, on, and on. Chair Sarnoff Thank you. Ms. Person: Thank you very much. Chair Sarnoff Thank you. Anyone else wishing to be heard on PZ.1 through PZ.5? Porsche Jacobs: Good evening, hi. My name is Reverend Porsche Jacobs, andl'm here as a resident. I live at 3453 Charles Avenue. And my grandfather built this house from the ground in 1953. We are family -oriented here in the Grove and settlers from the Bahamas. We would like to also see our great grandchildren and children more to come. What we're saying is we're not against the building or the construction on Grand Avenue, but we are against and we oppose going further into the residential areas. We work hard just like everyone else. We paid our dues just like everyone else. We want to be heard just like everyone else. And we think that if this was a community of some other source, that you would think about it and you would oppose as well. So we're asking if you would just believe as we believe. And God says it takes a village to raise the children. We want to see more children come up in the Grove and go to Coral Gables where it's not just five -- 200 or it be a 1,000 or whatever. We're just asking if you would just hear our plead. We don't want no more, no less. We want to be treated equally. And that's my call for tonight. And thank you. Chair Sarnoff Thank you. All right, public hearing is now closed. Patrick Range: Good afternoon, Commissioners, Mr. Chair. For the record, Patrick Range, with offices at 5727 Northwest 17th Avenue. Very pleased to be here before you tonight, first of all, representing Point Group. But I'm also a business owner with offices at 3384 Grand Avenue, which will be directly affected by this project. And was approached very early on in this process by Point Group, particularly with regards to their plans for the block in which my business is located, that being Range Funeral Home. We've been located there for over 20 City ofMiami Page 106 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 years. And while I'm not a resident of the Grove, I certainly, myself and my family, very much feel a part of the fabric of the Grove and our desire is to remain there for as long as we possibly can. It was made clear to us before Point Group even was involved in this project that there was a strong likelihood that our business would not be able to remain in the location that it was, that being primarily because we did not own the property that our business is located on. And as unfortunate as that circumstance may be, certainly would be my family's desire to remain exactly where we are, and you know, we have tried to do what we could to ensure that, but that unfortunately did not prevail. But given the alternatives and the things that we have been approached with, I can certainly say, again, even though I represent the project, my business will be directly affected and we will be forced to move as a result of this project. But certainly, we are in support of Point Group and certainly see the opportunity for us to continue our business on Grand Avenue and we certainly look to do that. And we had been very appreciative of the efforts that Point Group has made to ensure that we would be able to keep our business in the Grove, andl think those efforts have continued with other businesses that may be forced to relocate, as well as with residents that may have had to relocate. And so in closing, I'd just like to say that we certainly are in support and as a member of the -- or as a representative of Point Group, you know, it has been my charge to ensure that the community has been involved and informed. Andl think it has been said that you know, even if this passes today, nothing can be done on this property without us coming back to you for further approvals. And it is my guarantee that we will meet with whoever, however, whenever between now and then to ensure that as much input as needed is gotten from the community and as much that we can do for the community is done. Chair Sarnoff Thank you. Mr. Range: With that, I would just say that we would also accept staffs recommendations that had been proffered here today. Thank you very much. Chair Sarnoff Thank you. If anybody else is going to speak needs to stand up to the podium now 'cause I'm closing it after this. And have you all been sworn in? Ms. Thompson: Ladies and gentlemen, if there's anyone else that's going to speak on a P&Z item, I need you to stand and raise your hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Sarnoff You're recognized for the record. Richie Cooper: My name is Richie Cooper, 3817 Florida Avenue. I live there over 40 years. And in the last 12 years, I invested on Grand Avenue at 3606, 3610, and 3616, 3620. And over the 12 years, I've been invested in the Grove, I heard a lot of things going to happen in Coconut Grove andl see a lot of things said and talked, but no one seems to do anything but just talk. Point Group, in the last three years, came to the Grove andl see more things starting to happen since Point Group came to the Grove to help develop, redevelop Coconut Grove, Grand Avenue that I've seen in over the last 12 years. And we also have investments down on Douglas Road. And I'm for Point Group with the development that they want to do on Grand Avenue. And the people that I have in the apartments, we all are for it, most of them, that there be jobs available, that we won't walk out to Grand Avenue and look up and just see empty lots; we'll see a new developed Grand Avenue with jobs available for residents. Andl would like to say again, I'm for Point Group development Grand Avenue. Thank you. Chair Sarnoff Thank you. If you're not standing up to the podium now, you're not speaking. Is City ofMiami Page 107 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 that clear? So if you're not up now, you're not speaking. So stand up if you're going to speak. Last two speakers, you're recognized for the record, sir. Pierre Sands: Thank you very much. I'm a little out of breath 'cause I just ran to get up here. I had a good conversation with Peter the other day and the vision for this project. Butl got to really commend him for, you know, bringing affordable housing to the project, but I believe that we're not doing enough in this community to help Peter Gardner do more for the lower income housing, affordable housing in Coconut Grove. I think at the point where Peter Gardner is, he has -- he's at that point where he could be a pioneer here. Now I've grown up and lived in Miami/Coconut Grove all my life. I'm not a pioneer. I lived on Charles Avenue, andl remember one of the pioneers. His name was Frank Stirrup. Frank Stirrup was a pioneer 'cause he did new things, different things that hadn't been done before. We were proud of Frank Stirrup as black people because Frank Stirrup helped build Miami, and he left a legacy. I heard Dr. Simpsons, who is part of the Stirrup family, say that he was sad that Coconut Grove had not been -- was going to waste. Andl thought that Dr. Simpson could help Peter Gardner deliver more affordable housing, low-income, with some of his properties. I know he's done a great job. I think he's doing something called the Founders Park, but I'd love to see like a Simpson village that would house -- build housing for lower income and affordable housing. I think we could do that. So I want to thank them. I think they did a good job, butt know we can do better as a community. Marc, I've known you a long time. Well, not -- it seems like a long time. But I first met you through my involvement as -- I'm a gardener, so people were cutting down trees, developers were cutting down trees without any regard for what the cost would be. Many times I would get a call from members of the community. My neighborhood -- give me a chance -- Chair Sarnoff You got to conclude. Mr. Sand: -- and I'm going to close. Chair Sarnoff You got to conclude 'cause I did it to everybody. I'm not going to -- Mr. Sands: Okay. I just -- okay, here it is. I believe that you can do a better job in helping provide housing for the low-income and affordable housing. I saw you did a good job with the trees. I saw you do a good job with Home Depot. I saw you do a good job with the Peacocks. And then now I know you can do a better job for the people of west -- of Village West. Chair Sarnoff Thank you. Mr. Sands: I know you can do that. Chair Sarnoff Thank you. Mr. Sands: And so in that -- Chair Sarnoff Pierre, thank you. Mr. Sands: Well, thank you. But I'm looking forward for you to -- Chair Sarnoff I understand. Mr. Sands: -- do a better job for us, okay? Chair Sarnoff Thank you. Mr. Sands: Thank you. City ofMiami Page 108 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Ms. Thompson: Excuse me, Chair. We need a name for the record, please. Chair Sarnoff It's Pierre Sands. Mr. Sands: Pierre Sands. Ms. Thompson: Thank you. Mr. Sands: Thank you. Chair Sarnoff All right, last person to speak. You're up. Peter Gardner: Good afternoon, Commissioners. Good afternoon, everybody. I'm Peter Gardner, the developer and a life-long resident of Coconut Grove, with offices at 3250 Grand Avenue. Today, as we are before you, we are here simply for the land use. You've heard that many times so I won't go into it any further. The thing that I will do and why I wanted to stand up in front of you today is you've heard many times that Point Group, myself and our team have been willing to meet and continue conversations with everybody. I commit to you today that we will continue to do that if we get approval to move forward on the land use because, again, we have to go in front of you before everything else. But rest assured, there have been several people up there with certain questions. We are happy to meet with them at any time to go through their questions. My number at work is 305-859-8915, extension 205, for the record. Call me. I'm happy to meet with you. And we look forward to getting a great resolve so we can have a win -win. Thank you. Chair Sarnoff Thank you. All right, the public hearing is now closed, coming back to this Commission. I'm going to pass the gavel to Commissioner Gort. I'd like to say a few things, if you don't mind? You're here today on a land -use change. You're not here today on zoning. You're not here today to necessarily see exactly how this project fits in. Usually we have this all done in one hearing. You'll hear us say that there's a covenant. The project will look exactly like this. We have a setback placed here and there is a gradiation (phonetic) towards the inevitable height of the project 'cause it's usually the height of the project that most people in T3, or as we used to colloquially call it R-1, housing has the most concern. This project does not and will not take anyone's home. It is not an eminent domain; nobody's home will be forced to be sold. That will be a choice that you will either make, not make, or decide to preserve your home. What this Commission's job to do is to make sure that whatever they build is compatible with your home that sits close proximity to it and that's our job. And if you will look at what their intentions are, their intentions are wherever there's going to be a home, there's equally going to be facing to that home a home, so it's home -to -home. Now, this great community in 1986, had 12,000 West Grovers. By the end of this census, you will have less than 1,500. It will be close to nine hundred and something folks left. If you don't think that is decline in your neighborhood, if you don't think that is as a result of years and years of neglect and decay, that's exactly what's happening. And if we don't do something to stop that -- andl don't know if this is a very little known fact; in 2008, the number -one district and the number -one ZIP (Zone Improvement Plan) Code and the number -one place for fraud in Miami was West Grove. That meant that people built their inflated property values and actually had a fraudulent sale so that a series of other sales could take place and people could get appraisals and in those appraisals, they could continue to raise the property values. That fraud was revealed in 2008. And since that time, the West Grove value has declined more so than any particular district in all of the City ofMiami. If you don't do something to stem that tide, you will continue to have a degradation of your existing property values because you're still in free fall. You had the largest percentage of decline of any area in the City ofMiami. So how do you stabilize yourself? You stabilize yourself by bringing a well -thought out, a well planned and a well -coordinated project. When I got on this dais, I was the only one saying jobs, jobs, jobs. Now unemployment in our City was 4.9 percent, so every other Commissioner thought I had three heads. But sure enough, City ofMiami Page 109 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 we're at 13.5 percent unemployment. Now, with all due respect to Commissioner Dunn -- and when I was probably one of the hardest guys, although I know Commissioner Suarez was pretty hard on him, and we were interviewing, so to speak, the folks up here, I was trying to make a point. Everything in life starts with the ability to pay for it. And unless you're one of the lucky people who inherited a lot of money, you're probably going to need a job. And in this City of Miami, it's the only place I've ever seen where people first get a car and then get a house and then, if only they need to, they get a job. It is directly the opposite of the way I was brought up. First, you got a job and then, luckily, if you could, you got the car to get a better job because you could go a little further, and then you bought a house. And all the ills and all the problems that we have really stem from the fact that there is just not enough work out there. Now these -- the Point Group has on the hook -- I shouldn't name it, but Publix, a top 100 employer, a top 100 employer that's going to bring 154 potential jobs. Is that a guarantee you're going to get that job? No. And don't think the United States Constitution guarantees you a whole lot, but it does say you'll have the opportunity for that job, and you're going to have a series of opportunities for a series of over 300 jobs in that neighborhood. And if you don't think that's going to stabilize your home value, that is exactly what stabilizes a home value. And you could shake your head no all you want. That's your choice. And if you think you can do it better, in November '012 [sic], there's an election and you can figure that one out for yourselves. But a job is the most important thing a person gets up to do in the morning with a purpose and from that they also get their own self-respect. So all we're doing today is rescinding a land -use change. And if you look at the compromise that was entered into, there is not a single spot where land -use changes, where there's not residential facing residential. And if you don't want to net 40 more affordable housing places or units or whatever you'd like to call it, this project has it in it. Is there another project out there with 60? There is. Will that replace the number of homes that have been lost? It will, plus ten, so you'll net ten more residents than you've lost since this decline happened. But if you don't stop the decline and if you don't stem the tide, property values in West Grove will continue to deteriorate, and this is the best -- turn the page, everybody. We say no today. Turn the page. What's next? Who was here before Peter Gardner? Does anybody remember the name of the guy? Unidentified Speaker: People. Unidentified Speaker: (UNINTELLIGIBLE). Unidentified Speaker: (UNINTELLIGIBLE). Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff Okay. What did they build? Unidentified Speaker: I don't think -- Unidentified Speaker: Nothing. Unidentified Speaker: -- anything. Chair Sarnoff Right, exactly. And before them, do you remember the name of the guys before them? Unidentified Speaker: No. Unidentified Speaker: No. Chair Sarnoff Mr. Goldman. Years and years these places remained -- and there's only two kinds of people in this world that own land. Those are going to make use of it and those that City ofMiami Page 110 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 hold it. And you know what you got way too much in the City ofMiami? People that hold their land and not people who make use of their land. And you have a man here -- he's not going to hide. He lives in Coconut Grove, and he's going to make use of this land. And yeah, maybe it's not the color you want -- andl mean by that the color of the paint -- and maybe it's not the exact design you want. And if it was yours and you paid for it, you got to pick the color and you got to pick the design, but he's paying for it. It's all private property. It's all his land or control of his land. And in America, you finally get to make those decisions when you -- when the sweat of your brow is the person that bought that piece of property and is paying the taxes that we then base our decisions on and that's called free enterprise. Nobody's land, nobody's home is going to be sold that doesn't choose to sell their home. Nobody's home is going to be foreclosed on based on an action that we take. And nobody's home is going to be eminent domain. So let's get the farces out, the truth. The truth of this matter is this is a viable economic development plan with potentially over 300 jobs, 150 of which will be a top 100 employer, not a top 500 employer. Publix is the 94th best employer in the United States. And we don't take our chances with that, turn the page. In ten years, who's up here talking about what? Talking about what? So to me, the decision for right now is to let them move forward, and you will have the opportunity to work with them to see exactly what the project will look like. (OUTBURSTS FROM THE AUDIENCE) Chair Sarnoff All right. So I move -- Commissioner Gort: In conclusion. Vice Chair Carollo: Go ahead. Chair Sarnoff I move PZ. 1 -- Vice Chair Carollo: There is a motion by -- Chair Sarnoff -- to approve. Vice Chair Carollo: -- Chairman Sarnoff. Is there a second? Commissioner Dunn: Mr. Vice Chair? Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: I'd like to second for discussion. Vice Chair Carollo: Seconded by Commissioner Dunn for discussion. Go ahead, you're recognized, Mr. Dunn -- Commissioner Dunn. Commissioner Dunn: I'm somewhat betwixt and between because this has a great deal of historical significance to me. I respected you; please respect me. To my family, many of you I know. Ms. Adkins, respect tremendously the Sands family. Of course you have Dr. Simpson, who pulled my shoulder back in place in 1976, over 34 years ago, when his office was -- that's right -- on 54th and loth Avenue. You have the Range family being represented by Patrick Range. My great grandmother was funeralized [sic] by them in February of 1971; father in April of 1986, grandmother in November of 1986, my uncle in November of -- April of 1986, and the list goes on. So it is very emotional for me as well as historical. I understand that -- I've never said this publicly -- my blood grandfather is from the Grove. Unfortunately, I never met him. Last name Jackson. So because we are Bahamians, our roots -- from a Luthera/Gibson family, Thelma Gibson by way of Key West to Miami. There's a lot in there. There's several things that gave me some comfort today andl want it to be reiterated for the record. This is not City ofMiami Page 111 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 a zoning change. I need that to be reiterated. This is in fact a land -use change. This will not have a negative impact -- need that reiterated for the record -- on the residents. It is not a threat to anyone. With those assurances, that gives me comfort. I've dealt with issues like this historically. We all have. But when I see somewhat of a split, it says to me that this is not something that the entire community is totally against. I think one of the ladies articulated it very clearly when she said there just needs to be clarification because there's a lot of misinformation going out, and I understand how that happens since serving here since January, a lot of misinformation goes out. And unfortunately, when that happens, people get the wrong information and they start acting out of emotions and understandably so. I wish to God that someone would help join me in bringing a Publix to Liberty City or Overtown because as our Chairman has already articulated, it is a Fortune 500 company -- top 100 company. And so with that in mind, I'm prepared. This is not a threat to the residents. This will have to come back to this -- or to this Commission for any future adjustments or movements. And so with that in mind, I got -- I've got a clear conscience. I can support this. Vice Chair Carollo: Thank you, Commissioner Dunn. Commissioner Gort: Mr. Chair. Vice Chair Carollo: Any other discussion? Commissioner Gort. Commissioner Gort: I was first elected in November 1993 andl served until November 2001. And when sitting here for eight years, I've seen all the commitments that people made to improve the Grove. And by the way, I'm the one that created the Domino Park in there, 'cause we began the domino tournaments between the different community because there was a common denominators to bring a lot of our communities together. You need to understand -- and your developer need to sit down with your neighbors, sit down with them and explain what your plans are, what do you intend to do, and you all to come together. You're going to have to come back in front of us before any further decision takes place. But I think you should look -- don't close the doors. You can always close them. What we're doing today, we're open it. You get an opportunity to sit down, find out more of the project, if they're going to benefit you or if not going to benefit you, then you make your decision. But don't close your door. Thank you. Vice Chair Carollo: Thank you, Commissioner Gort. And we need to start that domino tournament again, by the way, on a side note. We need to start that domino tournament again on a side note. Commissioner Gort: Oh, we are. Vice Chair Carollo: Okay. Commissioner Gort: I'm working on it. Vice Chair Carollo: Good. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Vice Chairman. I kind of echo Commissioner Gort's sentiments. I hear the residents' concerns and I'm equally concerned by them and by the threats that they feel that they face. In this particular case, I think this is being done solely because there is a referendum that's happening on November 2 which could make it impossible or very near impossible for this project to advance if it were in line with what the residents wanted, so I think this is an opportunity for us to get this done before that obstacle may be put in the way of the project. Having said that, I urge also the developer to please meet with the residents and continue to work on addressing their concerns. We've seen here in many, many instances since I've arrived situations where residents have been -- have seemed to be on opposite sides on an issue and then, when the issue is discussed and the sides come together and talk, a lot of times City ofMiami Page 112 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 the concerns are allayed, and you know, we're able to go forward with a project that everyone supports or that nearly everyone supports. A lot of times it's hard to have, you know, unanimity of decision. So I will support it today simply because of the fact that there is an election coming up which could change the landscape of it, butl am very concerned that the residents have come and expressed some serious concerns about some aspects of the project. Vice Chair Carollo: Thank you, Commissioner Suarez. Any other discussion? Just to clarify. The public hearing was opened and closed for PZ.1 through 5. Is that correct, Madam City Attorney? Okay. Commissioner Gort: Yes. Vice Chair Carollo: So it is an ordinance. Hearing no further discussion, then it's a public meeting -- public hearing opened and closed. I know it was opened, but has it been closed? Commissioner Gort: It's closed. Vice Chair Carollo: It has been closed? Ms. Thompson: Yes. Vice Chair Carollo: With that said, if no further discussion, Madam City Attorney, it is an ordinance; if you could read for the record, please. Maria J. Chiaro (Deputy City Attorney): PZ.1 and -- PZ. 1 through -- 1 through 5 are as amended. It is accepting the recommendations as presented on the record by the Planning Department andl will read the ordinances that way. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Before I take your roll call, I would just like to bring to the City Attorney's attention that that last one was 3420, not 3240, 3420. Ms. Chiaro: 3420 -- Ms. Thompson: Thank you. Ms. Chiaro: -- correct. Ms. Thompson: 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. Vice Chair Carollo: Thank you. PZ.2 ORDINANCE 08-001661u2 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED City ofMiami Page 113 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3380, 3370, 3340 FLORIDA AVENUE AND 3301 GRAND AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL", EXCEPT WITH TRANSITIONS AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-001661u2 Analysis.pdf 08-001661u2 Land Use Maps.pdf 08-001661u2 Aerial Map.pdf 08-001661u2 Application & Supporting Docs.pdf 08-001661u2 Survey.pdf 08-001661u2 Miami -Dade County School Concurrency.pdf 08-001661u2 CC Exhibit A.pdf 08-001661u1, 08-001661u2, 08-001661u3, 08-001661u4 & 08-001661u5 Exhibit B.pdf 08-001661u2 PZAB Resos.pdf 08-001661u2 CC Legislation (Version 3).pdf 08-001661u2 CC 10-28-10 SR Fact Sheet.pdf 08-001661u2-Submittal-Williams A. Armbrister-Petition Letters.pdf 08-001661u2-Submittal-Lucia Dougherty -Letters of Support.pdf 08-001661u2-Submittal-Williams A. Arrmbrister-Petition Letters 10-28-10.pdf LOCATION: Approximately 3380, 3370, 3340 Florida Avenue and 3301 Grand Avenue (Grand Bahama Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Grand Bahama LLC, Twyman E. Bentley, Jr., and Jarrette Bay Investments Corp., Collectively Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 6, 2010 to City Commission by a vote of 7-0. Also, recommended approval to City Commission to consider the transition from the "Restricted Commercial High Density" to "Medium Density" and ultimately "Restricted Commercial Low Density" fronting Florida Avenue, as stated in the applicant's Letter of Intent, dated September 22, 2010, by a vote of 5-2. See companion File Ds 08-001661u1, 08-001661u3, 08-001661u4 and 08-001661u5. PURPOSE: This will change the above properties to "Restricted Commercial", except with transitions as presented by the Planning Department and attached as "Exhibit B", for the proposed Grove Village Major Use Special Permit. Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: Please refer to item PZ.1 for minutes referencing item PZ.2. Vice Chair Carollo: Moving on to PZ.2. Any further discussion on PZ.2? Madam City Attorney, it's an ordinance. If you could read -- City ofMiami Page 114 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff I think you have to move it. I'll move it. Vice Chair Carollo: I'm sorry. Moved by Commissioner Sarnoff, seconded by Commissioner Suarez. Any discussion? Hearing none, Madam City Attorney, if you could please read it for the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria 1 Chiaro. Priscilla A. Thompson (City Clerk): Your roll on your first reading modified ordinance for PZ.2. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Vice Chair Carollo: Thank you. PZ.3 ORDINANCE First Reading 08-001661u3 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3361 HIBISCUS STREET; AND 3472, 3440, 3422, 3412 AND 3400 FLORIDA AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL", EXCEPT WITH TRANSITIONS AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-001661u3 Analysis.pdf 08-001661u3 Land Use Maps.pdf 08-001661u3 Aerial Map.pdf 08-001661u3 Application & Supporting Docs.pdf 08-001661u3 Survey.pdf 08-001661u3 Miami -Dade County School Concurrency.pdf 08-001661u3 CC Exhibit A.pdf 08-001661u1, 08-001661u2, 08-001661u3, 08-001661u4 & 08-001661u5 Exhibit B.pdf 08-001661u3 PZAB Resos.pdf 08-001661u3 CC Legislation (Version 3).pdf 08-001661u3 CC 10-28-10 SR Fact Sheet.pdf 08-001661u3-Submittal-Williams A. Armbrister-Petition Letters.pdf 08-001661u3-Submittal-Lucia Dougherty -Letters of Support.pdf 08-001661u3-Submittal-Williams A. Arrmbrister-Petition Letters 10-28-10.pdf LOCATION: Approximately 3361 Hibiscus Street; and 3472, 3440, 3422, 3412 and 3400 Florida Avenue (Nassau Block) [Commissioner Marc David Sarnoff - District 2] City ofMiami Page 115 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village LLC, Applicant/Developer, GV Nassau LLC, Nassau Development of Village West Corp. and George A. and Dazelle Simpson, Collectively Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 6, 2010 to City Commission by a vote of 7-0. Also, recommended approval to City Commission to consider, as per the Letter of Intent of the applicant, dated September 22, 2010, where there is a transition from the "Restricted Commercial High Density" to "Medium Density" and ultimately "Restricted Commercial Low Density" fronting Florida Avenue, by a vote of 5-2. See companion File IDs 08-001661u1, 08-001661u2, 08-001661u4 and 08-001661u5. PURPOSE: This will change the above properties to "Restricted Commercial', except with transitions as presented by the Planning Department and attached as "Exhibit B", for the proposed Grove Village Major Use Special Permit. Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: Please refer to item PZ.1 for minutes referencing item PZ.3. Vice Chair Carollo: PZ.3, is there a motion? Chair Sarnoff So move. Vice Chair Carollo: Moved by Commissioner Sarnoff, second by -- Commissioner Suarez: Second. Vice Chair Carollo: -- Commissioner Suarez. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria 1 Chiaro. Priscilla A. Thompson (City Clerk): Your roll call on your modified first reading ordinance for PZ.3. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Vice Chair Carollo: Thank you. PZ.4 ORDINANCE 08-001661u4 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT City ofMiami Page 116 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3363, 3353, 3341, 3335, 3325 AND 3315 THOMAS AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL", AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-001661u4 Analysis.pdf 08-001661u4 Land Use Maps.pdf 08-001661u4 Aerial Map.pdf 08-001661u4 Application & Supporting Docs.pdf 08-001661u4 Survey.pdf 08-001661u4 Miami -Dade County School Concurrency.pdf 08-001661u4 CC Exhibit A.pdf 08-001661u1, 08-001661u2, 08-001661u3, 08-001661u4 & 08-001661u5 Exhibit B.pdf 08-001661u4 PZAB Resos.pdf 08-001661u4 CC Legislation (Version 3).pdf 08-001661u4 CC 10-28-10 SR Fact Sheet.pdf 08-001661u4-Submittal-Williams A. Armbrister-Petition Letters.pdf 08-001661u4-Submittal-Lucia Dougherty -Letters of Support.pdf 08-001661u4-Submittal-Williams A. Arrmbrister-Petition Letters 10-28-10.pdf LOCATION: Approximately 3363, 3353, 3341, 3335, 3325 and 3315 Thomas Avenue (Abaco Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Abaco, LLC, George and Dazelle Simpson, Sheila Bullard and Stirrup Properties, Inc., Collectively Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 6, 2010 to City Commission by a vote of 7-0. Also, recommended approval to City Commission to consider, as per the Letter of Intent of the applicant, dated September 22, 2010, requesting that the Comprehensive Plan amendment along the south side of Grand Avenue proposes to expand the existing "Restricted Commercial High Density", which fronts Grand Avenue and transition to "Restricted Commercial Medium Density", by a vote of 6-1. See companion File Ds 08-001661u1, 08-001661u2, 08-001661u3 and 08-001661u5. PURPOSE: This will change the above properties to "Restricted Commercial', as presented by the Planning Department and attached as "Exhibit B", for the proposed Grove Village Major Use Special Permit. Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: Please refer to item PZ.1 for minutes referencing item PZ.4. City ofMiami Page 117 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Vice Chair Carollo: PZ.4, is there a motion? Chair Sarnoff So move. Commissioner Suarez: Second. Vice Chair Carollo: Moved by Commissioner Sarnoff, second by Commissioner Suarez. 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 on your modified first reading ordinance for PZ.4. A roll call was taken, the result of which is stated above. Ms. Thompson: Your ordinance has been passed on first reading, 5-0. Vice Chair Carollo: Thank you. PZ.5 ORDINANCE 08-001661u5 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3558 FLORIDA AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO 'RESTRICTED COMMERCIAL", EXCEPT WITH TRANSITIONS AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-001661u5 Analysis.pdf 08-001661u5 Land Use Maps.pdf 08-001661u5 Aerial Map.pdf 08-001661u5 Application & Supporting Docs.pdf 08-001661u5 Survey.pdf 08-001661u5 Miami -Dade County School Concurrency.pdf 08-001661u5 CC Exhibit A.pdf 08-001661u1, 08-001661u2, 08-001661u3, 08-001661u4 & 08-001661u5 Exhibit B.pdf 08-001661u5 PZAB Resos.pdf 08-001661u5 CC Legislation (Version 3).pdf 08-001661u5 CC 10-28-10 SR Fact Sheet.pdf 08-001661u5-Submittal-Williams A. Armbrister-Petition Letters.pdf 08-001661u5-Submittal-Lucia Dougherty -Letters of Support.pdf 08-001661u5-Submittal-Williams A. Arrmbrister-Petition Letters 10-28-10.pdf LOCATION: Approximately 3558 Florida Avenue (Freeport Block) [Commissioner Marc David Sarnoff - District 2] City ofMiami Page 118 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village LLC, Developer, GV Freeport LLC, Contract Purchaser and Edna and Thomas Dermeritte, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on October 6, 2010 by a vote of 7-0. Also, recommended approval to City Commission to consider, as per the Letter of Intent of the applicant, dated September 22, 2010, requesting that the Comprehensive Plan amendment include along the north side of Grand Avenue to expand the existing "Restricted Commercial High Density", which fronts Grand Avenue, and transition from the "Restricted Commercial High Density" to "Medium Density" and ultimately "Restricted Commercial Low Density" fronting on Florida Avenue; furthermore, the south side of Grand Avenue proposes to expand the existing "Restricted Commercial High Density", which fronts on Grand Avenue and transition to "Restricted Commercial Medium Density", by a vote of 7-0. See companion File Ds 08-001661u1, 08-001661u2, 08-001661u3 and 08-001661u4. PURPOSE: This will change the above property to "Restricted Commercial', except with transitions as presented by the Planning Department and attached as "Exhibit B", for the proposed Grove Village Major Use Special Permit. Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: Please refer to item PZ.1 for minutes referencing item PZ.5. Vice Chair Carollo: PZ.5, is there a motion? Chair Sarnoff So move. Commissioner Dunn: Second. Commissioner Suarez: Second. Vice Chair Carollo: Motion by Commissioner Sarnoff, seconded by Commissioner Dunn. Any discussion? Hearing none, it is an ordinance. If you could read it for the record, please. 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 on PZ.5 modified first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Vice Chair Carollo: Thank you. PZ.6 ORDINANCE First Reading 10-01095Iu City ofMiami Page 119 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3629 AND 3645 NORTHWEST 21 ST COURT, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-010951u Analysis.pdf 10-010951u Land Use Maps.pdf 10-010951u Aerial Map.pdf 10-010951u Application & Supporting Docs.pdf 10-010951u Surveys.pdf 10-010951u & 10-01095zc Exhibit A.pdf 10-010951u PZAB Reso.pdf 10-010951u CC Legislation (Version 3).pdf 10-010951u CC 10-28-10 SR Fact Sheet.pdf LOCATION: Approximately 3629 and 3645 NW 21st Court [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Tony Recio, Esquire, on behalf of Maricela Perez and Rolando Arzola, Owners and PHG Holdings, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 6, 2010. See companion File ID 10-01095zc. PURPOSE: This will change the above properties to "General Commercial". Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff All right. I told everybody I would do PZ.1 through PZ.6 to the end of this agenda, so -- I'm sorry, 1 through 5 at the end of this agenda to give every as much of a chance as they can to attend that wanted to attend. So what we'll do is pick up on PZ.6 and we will finish up the agenda and then go back to PZ.1 through 5. Francisco Garcia: Mr. Chair and members of this City Commission. For the record, my name is Francisco Garcia andl am the Planning director. I will begin with item PZ.6. Is that correct? Chair Sarnoff Yeah, PZ.6, please. Mr. Garcia: PZ. 6? Very well. Item PZ.6 and PZ.7 are both companion items. One is a land -use designation change petition and one is a zoning change petition. They are both for the City ofMiami Page 120 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 property located at 3629 and 3645 Northwest 21st Court approximately. The land -use designation change is from medium density restricted commercial to general commercial. Your Planning Department recommends denial. The Planning, Zoning andAppeals Board also recommended denial. I told the PZAB (Planning, Zoning andAppeals Board) that would convey to you that their recommendation of denial comes about as a result of the applicant's inability to proffer a covenant. But they were, however, in favor of a use that was described to them at the time, which was a use of affordable housing. So they were positively disposed to consider this item, but for lack of a covenant, they recommended denial. As pertains to item PZ.7, they failed to make a recommendation, the Planning, Zoning andAppeals Board did, and because they failed to make a motion, this constitutes effective denial. In the case of PZ.7, I should say for the record the address is the same, 3629 and 3645 Northwest 21 st Court. In this case it is a zoning classification change request and that would be from T5 L, which it is presently, to T6-8 O. And that's all have by way of presentation of this item. I'll answer any questions if you have any. Chair Sarnoff Thankyou. Anyone from the general public wishing to be heard -- and I'll open them up together -- PZ. 6 and PZ.7, which is for purposes of the record. You're recognized for the record, Mr. Recio. Tony Recio: Thankyou, Mr. Chair. Good afternoon, members of this Commission. For the record, my name is Tony Recio, law offices at 2525 Ponce De Leon Boulevard, in Coral Gables. I'm here on behalf of Ms. Maricela Perez and Mr. Rolando Arzola, who are the property owners, as well as the contract purchaser, PHG (Pinnacle Housing Group) Holdings, which is a subsidiary of Pinnacle Housing. I'm joined by Mitch Friedman of Pinnacle Housing Group. We are here before you, as Francisco had just explained, regarding the rezoning and comprehensive plan change of this area here in orange, which is just off of Northwest 21 st Court and just north of Northwest 36th Street. The area in green is the other side of this site, which is already T6-8. What we are trying to do is change this to T6-8 as well to bring it into consistency with this piece so that we can submit for funding this state cycle for affordable housing. This area right here bounded by Northwest 22ndAvenue, Northwest 36th Street, Northwest 17th, and State Road 112 is an isolated pocket here in this area. It's got Jackson High School, which takes up pretty much half of this area, and then it's got a Salvation Army command center, which is actually on County property. So really what we're talking about is this little four -block area, which is developable. The reason this is an important piece right here is because if you look at these red lines, these red lines show the pedestrian and transit shed as identified by Miami 21. It's right next to the Earlington Heights Metrorail station. It's very important. Miami 21, I believe, should have addressed this and should have put more density in this area. This has been neglected for quite some time, this little pocket right here, and it's the perfect place because it's right next to the Metrorail Station. From here you -- a rider can no north, will also be able to go south to the MIC (Miami Intermodal Center). The MIC is going to be the next stop on this, so they have easy accessibility to the airport and can go east to all points downtown. It's great for employment. This is the right spot. This has been 65 units of the acre. This area right back here has been R-3 and 65 units to the acre for quite some time. Nothing's happened. This is a good place for additional density. There are uses in the neighborhood which could -- which these residents can serve and frequent and really have a nice economic impact on this property. I could -- we believe we're consistent with the comp plan. We prepared an analysis, which we're prepared to submit for the record. And I'll keep it brief but if you have any questions, I'd be happy to address them. Chair Sarnoff All right. Is there anyone wishing to be heard -- I'll open them up collectively so the record will be clear -- on PZ.6 or PZ.7? Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street, in the -- I live in the neighborhood, there since 1965, so I know what's going on there. I know that we give through Community Development -- (UNINTELLIGIBLE) was at the time there. We -- that plan, the expansion of City ofMiami Page 121 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Miami High was from property, residential, and we give it to the School Board. Andl know there's a need for affordable housing. The only thing surprise me that sometime the people come to the neighborhood and they don't visit the neighbors. They don't want to see the neighbors. So I know because I receive this -- I read this. It surprise me. I thought it was the -- for the Presidente market that was there. That they got some parking -- that they needed parking, but it's affordable housing. We are in the affordable housing too. ABDA (Allapattah Business Development Agency) is in affordable housing. So you know, I (UNINTELLIGIBLE) that. We need that. What is it? It was going to be a 202? No? Unidentified Speaker: No. Mr. Cruz: No. What, low-income housing? Unidentified Speaker: No, tax credit. Mr. Cruz: Oh, tax credit. Oh, tax credit. Usually we say -- (UNINTELLIGIBLE) too? Unidentified Speaker: Pardon? Mr. Cruz: (UNINTELLIGIBLE)? Unidentified Speaker: No. Chair Sarnoff Mr. Cruz. Mr. Cruz: Okay, okay. No. I am -- I got nothing against it. Chair Sarnoff Okay. Mr. Cruz: Anyway, you are the one that decide. Chair Sarnoff We just want to hear -- Mr. Cruz: (UNINTELLIGIBLE) the Commission of the (UNINTELLIGIBLE) -- Chair Sarnoff -- we just want your recommendation. That's all. Mr. Cruz: No. I got nothing against it. No. Chair Sarnoff Okay. Mr. Cruz: No. Chair Sarnoff Thank you. All right, anyone else wishing to be heard on PZ. 6 or PZ.7, please step up. And Mr. Garcia, you're recognized once again. Mr. Garcia: Thank you, sir. I was asked by the City Clerk to remind all the Commissioners that all of the items in this P & Z agenda, except for PZ.8 and PZ. 9 are items subject to the 30-day waiver and they were heard by the Planning, Zoning and Appeals Board at the last meeting of October 6, therefore, the resolutions were handed to us rather late, and you should have received, I expect, those resolutions in your offices yesterday. We delivered them to you. And so I just wanted that stated for the record. Chair Sarnoff Thank you. Anyone in the general public wishing to be heard on PZ. 6 or PZ.7, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to City ofMiami Page 122 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 this Commission. Commissioner Gort, you're recognized. Commissioner Gort: Thank you. If you recall, originally when they were having the meetings about the trains and so on. And one of the items they discussed is there should be housing around the stations, the train stations. Andl think now, after so many years, it's coming back to us with that meeting. That area is an area that's been -- it needs a lot of help. Like they were stating before, I don't -- I have not seen any development take place within that area. It's been deteriorating. The residential area's not really being kept up. The City has not taken up the streets. Andl hope this new -- part of the new buildings is fixing the streets and the sidewalk within the 21 Court, which is so much needed there. I believe right now one of the -- the only place that -- where we getting some construction work is the public sector's working with the private sector, and I'm all in favor of it. I move it to approve with a covenant. What's the covenant? Mr. Recio: At this point, Commissioner Gort, there is no covenant. If you would like, we could address that -- Commissioner Gort: Yes. Mr. Recio: -- prior to second reading, at your direction. Commissioner Gort: Okay. Commissioner Suarez: Second for discussion. Chair Sarnoff All right. We had a -- we'll take Commissioner Gort's as a motion. We'll have Commissioner Suarez as a second. You're recognized for the record, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. And Commissioner Gort, I think -- you know, like I said in the last meeting, I'm going to be bringing a discussion item in the next Commission meeting regarding affordable housing and an affordable house scheme which does encourage what they call transit -oriented development or development that is within three-quarters of a mile from a transportation node, such as a Metrorail station. Andl -- you know -- I mean, everyone here knows how I feel about affordable housing and the need for affordable housing. I was just hoping maybe you could give us an idea of what the rents are going to be in the range of 'cause it's always something that we usually ask when there's an affordable project. Mr. Recio: Sure. This property is -- it's built out as affordable housing. It would serve six people at 60 percent of area median income. Area median income is approximately $40, 000 a year, so six people at 60 percent of that. It would also serve a population of people at 30 percent of area median income, so you're talking about rents anywhere from, what, $300 a month -- one bedroom would be from 300 to $600. That's what we're talking about. That's the range. Commissioner Suarez: And that's the -- yeah, that's kind of my point. I mean, it's -- that's as affordable as it gets in the City ofMiami. And also, I've seen the kind of affordable housing projects that are being built today and the quality that you're getting in that -- you know, for that return. In other words, from a residential perspective -- from a resident's perspective, to pay $300 in rents [sic] for a property of that caliber, which is as nicely built as it would be in Brickell or in other nice areas of the City, is just -- it's astonishing. And you know, it -- that's one of the reasons why I'm such a big proponent of it and why I want to bring this to discussion, at least. Chair Sarnoff All right. Any other discussion by any of the Commissioners? All right, hearing none, seeing none, PZ.6, Madam City Attorney, is an ordinance. City ofMiami Page 123 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: This is your roll call on PZ. 6. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. PZ.7 ORDINANCE First Reading 10-01095zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 20, OF THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 5, SPECIFIC TO ZONES, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER CORE TO "T6-8-O" URBAN CORE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3629 AND 3645 NORTHWEST 21ST COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01095zc Analysis.pdf 10-01095zc Miami 21 Map.pdf 10-01095zc Aerial Map.pdf 10-01095zc Application & Supporting Docs.pdf 10-01095zc Surveys.pdf 10-010951u & 10-01095zc Exhibit A.pdf 10-01095zc PZAB Reso.pdf 10-01095zc CC Legislation (Version 3).pdf 10-01095zc CC 10-28-10 SR Fact Sheet.pdf LOCATION: Approximately 3629 and 3645 NW 21st Court [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Tony Recio, Esquire, on behalf of Maricela Perez and Rolando Arzola, Owners and PHG Holdings, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 6, 2010. See companion File ID 10-010951u. PURPOSE: This will change the above properties to "T6-8-O" Urban Core. 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) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff All right. PZ.7. Is there a motion on PZ.7? Commissioner Gort: Move it. Chair Sarnoff Motion -- City ofMiami Page 124 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Vice Chair Carollo: Second. Chair Sarnoff -- by Commissioner Gort, second by the Vice Chair. Any dis -- let me open up a public -- well, the public hearing was opened on both. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria 1 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. PZ.8 ORDINANCE First Reading 10-01011Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1960 AND 2000 SOUTHWEST 24TH STREET, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-010111u Analysis.pdf 10-010111u Land Use Map - Existing.pdf 10-010111u Land Use Map - Proposed.pdf 10-010111u Aerial Map.pdf 10-010111u PZAB Reso.pdf 10-010111u & 10-01011zc Exhibit A.pdf 10-010111u CC Fully -Executed Legislation (Version 2).pdf 10-010111u CC 10-28-10 SR Fact Sheet.pdf LOCATION: Approximately 1960 and 2000 SW 24th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 15, 2010 by a vote of 9-0. See companion File ID 10-01011 zc. PURPOSE: This will change the properties to "Public Parks and Recreation". Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 125 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 PZ.9 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff All right. PZ.8. Tony Recio: Thank you all very much. Chair Sarnoff Thank you. Francisco Garcia (Director, Planning): Items PZ.8 and PZ.9 will also be companion items. They're also proposed amendment to the land use map and a proposed zoning change. Both of these items are for properties to side -by -side lots, located at 1960 and 2000 Southwest 24th Street. The applicant for these is the City ofMiami. These are two single-family residential lots, presently used as parks. The recommendation of the Planning Department is for approval and the recommendation of the Planning, Zoning andAppeals Board was also unanimously for approval. I should say for the record that the change, technically speaking, is for single-family residential to public parks as pertains to the land use; and as pertains to the zoning designation, the change requested is from T3 R, which it is presently, to CS, Civic Space. As pertains to PZ.9, the zoning change, the Planning Department's recommendation is also for approval and the recommendation of the Planning, Zoning andAppeals Board was also unanimously for approval. And with that, I'll close my presentation and answer any questions you may have. Chair Sarnoff All right, let me open up a public hearing. I'm going to open up a public hearing for PZ.8 and PZ.9. Anyone from the public wishing to comment on PZ.8 or PZ.9, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to PZ.8. Is there a motion? Commissioner Suarez: So move for a discussion. Chair Sarnoff Motion by Commissioner Suarez -- Vice Chair Carollo: Second. Chair Sarnoff -- second by the Vice Chair. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. This is, again, this body's attempt to continue to increase the amount of parkland that we have in the City, andl think it's significant because oftentimes we do it and we don't -- we're not recognized for it, andl think we've made tremendous efforts. Andl know the Vice Chairman has expressed some frustration, andl -- you know, I've expressed some of the frustration because we don't have some of the access of -- to funds that other districts have, but this is part of an ongoing process to try to improve this park and actually potentially rename it in the future, consistent with what the residents of the area would like. And really appreciate my colleagues' support. Chair Sarnoff Okay. Is -- we have a motion. We have a second. Is there any further discussion on just PZ.8? All right, hearing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call on PZ.8. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Thank you. ORDINANCE First Reading City ofMiami Page 126 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 10-01011zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 56 OF THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE 5 "SPECIFIC TO ZONES", BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1960 AND 2000 SOUTHWEST 24TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01011zc Analysis.pdf 10-01011zc Miami 21 Map - Existing.pdf 10-01011zc Miami 21 Map - Proposed.pdf 10-01011zcAerial Map.pdf 10-01011 zc PZAB Reso.pdf 10-010111u & 10-01011zc Exhibit A.pdf 10-01011zc CC Fully -Executed Legislation (Version 2).pdf 10-01011zc CC 10-28-10 SR Fact Sheet.pdf LOCATION: Approximately 1960 and 2000 SW 24th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 15, 2010 by a vote of 9-0. See companion File ID 10-010111u. PURPOSE: This will change the above properties to "CS" Civic Space Zone. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff All right, PZ.9, is there a motion? Vice Chair Carollo: So move. Commissioner Suarez: So move. Chair Sarnoff Commissioner Suarez has moved it; Vice Chair has seconded it. Any -- Commissioner Suarez: Same comments. Chair Sarnoff Same comments. All right, thank you. Any other discussion, gentlemen? Hearing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria 1 Chiaro. Priscilla A. Thompson (City Clerk): Roll call on PZ.9. City ofMiami Page 127 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. PZ.10 ORDINANCE 10-01132Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY BETWEEN INTERSTATE 95 AND SOUTHWEST 1ST AVENUE AND BETWEEN WEST FLAGLER STREET AND STATE ROAD 970/DOWNTOWN DISTRIBUTOR, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" WITH A "RIVER QUADRANT RESIDENTIAL DENSITY INCREASE AREA" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-011321u Analysis.pdf 10-011321u Future Land Use Maps.pdf 10-011321u Aerial Map.pdf 10-011321u Miami -Dade County School Board Concurrency.pdf 10-011321u Exhibit A.pdf 10-011321u Exhibit B.pdf 10-011321u PZAB Reso.pdf 10-011321u CC Legislation (Version 3).pdf 10-011321u CC 10-28-10 SR Fact Sheet.pdf LOCATION: Approximately Between Interstate 95 and Southwest 1st Avenue and Between W Flagler Street and State Road 970/Downtown Distributor [Commissioner Richard P. Dunn - District 5] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 6, 2010. PURPOSE: This will expand the "River Quadrant Residential Density Increase Area" to the area described above. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff PZ.10. City ofMiami Page 128 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Francisco Garcia (Director, Planning): For item PZ. 10, we would like to introduce a new feature that we hope will become a recurring item for your consideration. We would like to show you some graphics that we've prepared to enhance everyone's understanding of this item. Item PZ. 10 is a proposal to change the land use designation of some properties in downtown Miami in the urban core. The applicant here is the City. You may see on your screens, I hope, a map of downtown Miami. And what you see in the different shaded areas are what we call the increased density areas throughout downtown Miami. If you click on the next set of slides, you will see that these different increased density areas have densities above and beyond those would otherwise be available, which are typically 150 units per acre at high density. These are areas of 500 units per acre, 300 units per acre, 200 units per acre, et cetera. This particular proposal affects two -- rather two and a half blocks of the downtown core area which happen to be the only two and a half blocks in private hands that are not under one of these increased density areas. What you see there in the close-up is the river quadrant increased density area where the densities available are 500 units per acre. And what we'll show you in a moment are the three or two and a half blocks that have not thus far been included in this increased density area and although in the core were only allowed densities of 150 units per acre. These three blocks, as a result of this amendment -- these three blocks will now, if this item passes, enjoy the benefit of increased density area and therefore be subject or become eligible for redevelopment, including a significant portion of residential which previously it would not have had. Having said that by way of presentation, I will read into the record that the approximate location of these blocks is between Interstate 95 and Southwest 1st Avenue and between West Flagler Street and State Road 970 in downtown. Once again, we are the applicant. And the actual change is to the future land use map of the City ofMiami, and all we would be adding to the future land use map is a land use designation including the river quadrant residential density increased area for these three blocks. Your staff in the Planning Department recommends approval and the Planning, Zoning and Appeals Board also recommended approval unanimously. That's all have by way of presentation. I will answer any questions you may have. Chair Sarnoff All right, let me open up a public hearing. Is anyone from the general public wishing to be heard on PZ.10, please stand up. You're recognized for the record. Iris Escarra: Good afternoon, Commissioners. My name is Iris Escarra, with offices at 1221 Brickell Avenue. I'm joined today by my partner, Lucia Dougherty, and we are here on behalf of Henry Block on Flagler Building LLP (Limited Liability Partnership), who owns property within this area. And we are very appreciative of the opportunity that this is presenting to our landowner in order to redevelop his building and create a multiuse building. So we welcome this and we support this. And we thank you very much for the change. Chair Sarnoff Thank you. Anyone else from the general public wishing to be heard on PZ. 10? Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Gort: Second. Chair Sarnoff -- second by Commissioner Gort. Any discussion gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 129 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 M.1 10-01136 Honorable Mayor Tomas Regalado A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Chair Sarnoff All right. Ms. Escarra: Thank you, gentlemen. Chair Sarnoff Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "ZONING AND PLANNING/ZONING APPLICATIONS FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY STRUCTURES IN CONJUNCTION WITH OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES," MORE PARTICULARLY BY CREATING NEW SECTION 62-535, TO PROVIDE FOR TEMPORARY USES OF VACANT LANDS IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SUCH SECTION; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-01136 Legislation.pdf 10-01136 SR Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Direction by Chair Sarnoff to the City Attorney to work with Mr. David Lombardi on this ordinance, and that the issue of adequate parking for areas covered under this ordinance be addressed by second reading. Chair Sarnoff All right. Let's take the Mayor right now. The Mayor has -- Dorcas Perez (Director, Grants Administration): Thank you. Chair Sarnoff The Mayor has M.1, and then from there, we're going to go to RE.5. Mayor Tomas Regalado: Good morning. Chair Sarnoff You're recognized for the record, Mr. Mayor. Good morning. Mayor Regalado: Thank you very much. Good morning, Commissioners. We're proposing on first reading an ordinance that we believe will help some of the depressed areas of the City and City ofMiami Page 130 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 some of the areas that the stakeholders are trying to do the right thing and trying to bring business. This is about temporary uses -- permit required for temporary structures in empty lots. And the background of this is that a group of property owners, gallery owners from the Wynwood area came to the area Commissioner and to us and they say that it will be long, many years before they can built [sic] on those empty lots. They're paying taxes. Some of them cannot afford to do it, and those lots would go into foreclosure eventually. So they come up with this idea of having temporary galleries, having state-of-the-art trailers that will become galleries with a probably cafeteria, if possible, so they can add to the dozens of dozens of galleries that are right there on the Wynwood area. And we understand that this, because it's citywide, needs to be look at it very careful, so we are talking to the City Attorney to see if -- and to hear from you whether we want to add specific landscaping, whether we want to add specific fencing to the empty lots. Because if they're going to invest in something that they believe will work, then we can require some enhancement and not just a fence and you place something to sell burgers or tacos or whatever. So the reason that I'm bringing this is for your input because this is citywide, and of course, in -- different district have different issues and we have seen empty lots in District 4, many in District 5, District 1, District 2, and District 3. So we need your input. I would think that probably we could vote on this on first reading and then bring it back with a new idea, so that is for your input and consideration. But I'm -- I think it's important that we do send a message that, okay, we're going to help you, but you have to come up with something that is worthwhile, and so legitimate people will come to the City seeking this approval. Chair Sarnoff Thank you, Mr. Mayor. Commissioner Gort, you're recognized. Commissioner Gort: Mr. Chairman, this is an issue I think thatl brought a couple of times in here. We have all those empty spaces within the City ofMiami that look pretty bad. Andl think if you're giving the opportunity to the owner to get some revenues out of it, they'll be willing to do some landscaping. I think at least they should have some minimum landscaping and they should have some kind of fencing that is attractive to the neighborhood. I mean, we -- if we look at some of these neighborhoods where they started building and they have the foundation, the concrete and all that and it looks kind of bad So I'm in favor of it. I will vote for it, but in the second reading, I would really like to see you come up with some landscaping and some requirements in order to be used. Chair Sarnoff All right. Anybody want to proffer a motion then and see if we can take it from a discussion --? Commissioner Dunn: Second. Chair Sarnoff Commissioner Gort has proffered a motion. Commissioner Dunn has seconded it. Let me open it up to a public hearing. Anyone from the public wishing to be heard on M.1, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, also the chairman of ABDA (Allapattah Business Development Authority). I am in support of the ordinance (UNINTELLIGIBLE). But still, like Commissioner Gort said, I want to see more thing -- landscaping and thing. And anything that will be bringing recurring revenues to the City by renting that property 'cause we have a lot of property that we got liens on those property that are vacant, you know, and they don't pay taxes, they don't pay anything. They just accumulating more liens and more liens that don't mean anything because just the liens there. But there's no money for the City. There's no money for the landlord. There's no money for anybody. Maybe we can do something with that. I endorse that. ABDA endorse it. Chair Sarnoff ABDA passed a motion and they endorsed it? All right. I have a question for the Administration. He brings up a good point. If there's a lien on vacant property right now and somebody has to go for a permit or some kind -- I'm assuming there's a permit involved with this City ofMiami Page 131 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 -- do they have to first clear up the lien before they would be able to get the permit? Barnaby Min (Administrator): Barnaby Min, with the Office of Zoning. Yes, there's a permit that's in place, and it's a process that we can create where the various departments would have to approve the permit prior to it being signed off. And one of those departments can be the Code Enforcement Department to see if there's any outstanding code enforcement issues or liens. Chair Sarnoff Is that something we do as a matter of course? In other words, if there's a property that has a lien from a City -issued citation or whatever we want to call it, they first have to clear that up before a permit is issued? Mr. Min: We started doing that with temporary permits, unity of titles, anything where it requires City approval. Prior to the City signing off on it, we've installed that practice. Chair Sarnoff Okay. So that's a practice. It's not actually in the ordinance itself. Mr. Min: Correct. Chair Sarnoff Okay. All right. Any -- Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. The only issue that I have is -- and maybe it's something we can address in the second reading. I think we can address it in the second reading is if, for some reason, we extend a permit to an owner -- it seems to be a six-month permit with a couple of -- with three potential continuations -- and the use is inconsistent with what the residents -- the surrounding residents want. For example, let's say they start setting up a flea market and they have cars parking not only inside the lot, but outside the lot and spilling over into the neighboring, you know, swale areas. The concern that have here is that there's no kind of check and balance on that, and so we can't -- if we're getting a lot of resident complaints, you know, there's no way for us to -- for the Zoning administrator to say, look, we need to revoke the permit or there -- you know, this use is just not in practice consistent with what our residents want for the area. That's the only thing that I see missing here, and it's one of the things that I would like to see looked at between first and second reading. Mr. Min: It's certainly a valid concern, andl believe the -- that issue can be addressed with what is drafted in subsection B, which requires the use to be approved in that particular transect zone and applying with all local, state, and federal laws, and one of the local laws being Miami 21 and the parking requirements in Miami 21. Regardless, I do think it can be beefed up to address your concerns. Commissioner Suarez: I think we should think about it because parking is a big issue in District 4, and when there's an event of some sort and we're dealing with a variety of different businesses and establishments, if the parking -- which is not really addressed in -- in other words, the spillover parking is not really addressed in Miami 21, so it's not a transect-oriented concern. If the people who are going to frequent those establishments or whatever is being done, those activities, spillover into the neighborhoods, there's really no -- it doesn't seem to me that there's a check here. Mr. Min: What the Mayor was pointing out, which is correct, is obviously they won't be able to do those type of uses in a residential area because -- Commissioner Gort: Right. Mr. Min: -- it's only residential uses are allowed in a residential area. But I believe your concern is the spillover parking and whatnot, and we'll look into it to address those issues. City ofMiami Page 132 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Chair Sarnoff All right. Commissioner -- Vice Chair. Mayor Regalado: IfI may just to follow. I understand what Commissioner Suarez is saying and what the Vice Chairman is worried about. I don't really think and we know that it won't be possible to issue any license for an empty lot in the middle of a residential street. It has to be either commercial or industrial. That is half of the problem because if you do something else on a commercial, the spillover of the parking goes to the residential, especially in District 4 and District 3. But this ordinance will make sure that these uses will not be able to be put to place in residential areas. And I think -- I don't know if that is the -- it's written here, right? Commissioner Suarez: I think we should clam that a little bit, andl think maybe we should give the Zoning administrator some discretion. Because as the Mayor just said, andl agree with him, sometimes -- and I'm thinking of one property in particular right off of Coral Way, it's a commercial property. You know which one I'm talking about. Mr. Min: Yes, sir. Commissioner Suarez: You're laughing. (UNINTELLIGIBLE) favorite property. It's right off of Coral Way and it's a commercial property. It built a parking lot without permits and it's spilling over into the neighborhood, and so even in a commercial property that is abutting a residential neighborhood, you know, we could have that potential problem. So maybe something in there that says that, you know, no permit shall be issued for any T3s or any properties that abut or are within a certain distance from a T3, something to that effect. You know, we can work on it. There's -- you know, this is first reading. We can work on it now and then, you know, bring it back later. Chair Sarnoff Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. A lot of my concerns were mentioned already. I will be supporting it on first reading, but I need to be thoroughly briefed on this before second reading. Mr. Min: I'm happy to schedule a meeting. Vice Chair Carollo: Thank you. Chair Sarnoff Commissioner Gort. Commissioner Gort: No, that's fine. The concern has been brought up. Chair Sarnoff I just want to -- Commissioner Dunn? -- echo the comments made by all my colleagues and stress that if the City Attorney could work with Mr. Lombardi. He actually has created what think is pictorially what we're talking about, andl think it needs to be put to words. Andl think we need to be very careful that there is adequate parking for whatever use we create. Whether it's a burger stand, whether it's a taco stand, whether it's a innovative art display, we better think long and hard about parking. So I'd like to see something coming back with some parking requirements or explaining to us how parking would be adequately handled. Mr. Min: Absolutely. Chair Sarnoff All right. So we have a motion -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. Before you take -- Chair Sarnoff Close the public hearing. City ofMiami Page 133 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 D3.1 10-01187 Ms. Thompson: Yes, please. Chair Sarnoff All right. Anyone else from the public wishing to be heard on M.1 ? Hearing none, seeing none, the public hearing is closed; coming back to this Commission. Any further discussion, gentlemen? All in favor, please say -- Ms. Thompson: It's an ordinance. Chair Sarnoff Oh, it's an ordinance. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 5-0. END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO DISCUSSION ITEM UPDATE REGARDING IF ANY PARKS FROM DISTRICT 3 IS/ARE PARTICIPATING IN THE "OUT OF SCHOOL TIME SNACK PROGRAM 2010-2011 ". 10-01187 Email Regarding Parks in District 3.pdf DISCUSSED Chair Sarnoff All right. We have a -- Lucia Dougherty: Thank you. Chair Sarnoff I think the only thing we have left is blue page items and the other tabled discussion. Priscilla A. Thompson (City Clerk): Correct. City ofMiami Page 134 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 D3.2 10-01188 Chair Sarnoff All right. Let me go to the district -- I believe there's only one district Commissioner, District 3. Commissioner Dunn: Mr. Chair, I have -- Chair Sarnoff Pocket items? Commissioner Dunn: Yes, sir. Chair Sarnoff All right. Let me -- Ms. Thompson: Chair -- I'm sorry -- is your mike on? Chair Sarnoff I think it is. Ms. Thompson: Thank you. Chair Sarnoff Okay. Sorry. Let me go to the District 3 Commissioner's blue page item, then we'll pick up Commissioner Dunn's pocket item, then we're going to go in recess for this hearing -- for this agenda, and then we'll open up the CRA (Community Redevelopment Agency) agenda. Commissioner -- I'm sorry, Vice Chair, you're recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. D3.1, I think we actually spoke about, even though I could go into much further detail, but -- Chair Sarnoff Come on, let's file out quietly. Vice Chair Carollo: As I was saying D3.1, we spoke about already earlier today with one of the consent items, and again, even though I could go into much more detail, I rather just pass. I know we still have a lengthy schedule. DISCUSSION ITEM STATUS ON THE PERCENTAGE INCREASE OF CDBG FUNDING FOR SERVICES FROM 15% TO 25% IN CONGRESS. ANY LOBBYIST PARTICIPATION? 10-01188 Email Regarding CDBG Funding.pdf DISCUSSED Vice Chair Carollo: However, with D3.2I would like to have an update from Mr. Menendez. I know during budget hearings we spoke a lot about the lobbyists and what exactly have they done or not or so forth and how much we're spending. So here's a perfect example where I think it's something that, you know, it's very much needed, and to be honest with you, it's something that I proposed. I made the motion to have this or at least encourage Congress to pass a CDBG (Community Development Block Grant) funding for services from 15 percent to 25 percent, and I think it's extremely important. So I want to see where we're at with that. Kirk Menendez (Intergovernmental Affairs Liaison): Kirk Menendez, Office of the City Manager. Commissioners, at this current time Congress is in recess until November. During this time Congress is working on the omnibus bill, that omnibus bill which will include the majority of the appropriations that Congress passes. We're trying to get our language to waive our CDBG public service cap for three years from 15 percent and allow us to go to 25 percent. We're -- thanks to Congressman [sic] Wasserman Schultz, she's on the appropriations committee City ofMiami Page 135 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 on the House side, so she's -- and her staff are making a strong push trying to get our language on the House -- through the House Appropriations and Senator Lemieux and his staff on the Senate side. I'm working on meetings with Senator Lemieux. I was told today he'll be in town in the next two weeks, and I'm working the same possibilities to meet with him again as a follow-up with Wasserman Schultz. At this time, what I was told, however, depending on the elections, they expect the omnibus bill to be addressed and voted on when they come back in late November, after Thanksgiving 'cause there'll be like a one -week, ten-day period, early December, where they can vote on it -- but the latest I've been told is that depending on how the elections go, it could be pushed into January. Regardless, we are making an all-out effort, thanks to our federal lobbyists from Akerman Senterfitt to get the appropriations committees to accept our language and include it in the omnibus bill. I can tell you that we have received some pushback. They've come back with us with questions, policy questions specifics, and we've addressed those and given them the information. At this -- basically, it's -- we're depending on our federal legislators who have the direct access with the appropriations committee to work and to push as hard as possible to get it in there. We've explained the importance of this matter to the City and the importance to our residents. So we haven't stopped. We continue to push. And hopefully when they come back from recess, we'll be able to have a clearer picture as to what direction our proposed language will take. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Thank you. Thank you for that update, Mr. Menendez. And when do you think will be reasonable time for me to put this in my blue pages again for an update? Mr. Menendez: They will be back in, if I'm not mistaken, November 15. They'll be back after the elections, Congress will be. They'll reconvene. Vice Chair Carollo: Andl think our meeting is November 16 or the 18th, one or the two, so I'm going to put it on my blue pages again -- Mr. Menendez: That's fine. Vice Chair Carollo: -- and see what's the update. Mr. Menendez: And like I said, hopefully between now and then we'll also have meetings or at least conference calls or meetings with, if not Congressman [sic] Wasserman Schultz, Senator Lemieux, and the others that are helping us. Vice Chair Carollo: And please let my office know ifI could be of some assistance in some of those meetings. I know we met with them up in Washington -- Mr. Menendez: Sure. Vice Chair Carollo: -- but as a follow-up here. I know you mentioned that you may be meeting with them, but let us know, us, any other Commissioners, the Mayor, and so forth. Mr. Menendez: I will let you know. Vice Chair Carollo: Thankyou. Mr. Menendez: Thank you. Vice Chair Carollo: Thankyou, Mr. Chairman. City ofMiami Page 136 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 NA.1 10-01227 NA.2 10-01229 Chair Sarnoff All right. All right, thank you. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED FOR THE PASSING OF LUIS SOTO, CITY OF MIAMI MASTER CONTROL/TECHNICAL DIRECTOR, DEPARTMENT OF COMMUNICATIONS. DISCUSSED Chair Sarnoff But at this time, I would ask each and every one of us to bow our heads in a moment of silence for Luis Soto, who, for those of you that do not know, was our media operator for all meetings here at the City ofMiami, and he was a much beloved man who made much with his life as he came here from Cuba a short time ago and really rose to levels even beyond his expectations. So if we could have a moment of silence for Luis. DISCUSSION ITEM MIAMI CITY COMMISSIONERS RECOGNIZED MIAMI DADE COUNTY'S NEWLY ELECTED SCHOOL BOARD MEMBER RAQUEL REGALADO. DISCUSSED Commissioner Dunn: Mr. Chair, before the Mayor -- Chair Sarnoff Yes. Commissioner Dunn: -- I want to recognize his daughter. I'll let you do that. I think that's apropos. Commissioner Gort: Talking about a board member, school board member. Vice Chair Carollo: School board. Chair Sarnoff School board member. Raquel Regalado: School board member, right. Great to see you all. City ofMiami Page 137 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 NA.3 10-01230 Chair Sarnoff Good to see you, Raquelita. DISCUSSION ITEM BRIEF DISCUSSION BY VICE CHAIR CAROLLO REGARDING ITEM BH.15 (APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING) FROM THE SEPTEMBER 27, 2010 SECOND BUDGET HEARING. DISCUSSED Direction by Vice Chair Carollo to the Administration for Item BH.15 (Approving and Adopting the Annual Budget of the Department of Off -Street Parking) from the September 27, 2010 Second Budget Hearing, be placed on the agenda for the October 28, 2010 Commission meeting for further review of the Department of Off-street Parking's operating budget. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: Thank you. And although it's related, I want to request a point of privilege, even though it is related. If you all remember, andl know it was late at night, I made a motion for the Miami Parking Authority to come back to this Commission on this date with regards to a further review of their budget. It was seconded by Commissioner Suarez, and it was voted unanimously by this Commission. However, when I looked at the agenda, I saw RE.5, Miami Parking Authority, and I'll admit, I briefed through it and kept going to the other agenda items and soon enough realized that it only dealt with the Gusman Center, and that's why I asked for a point of privilege because RE.5 is actually dealing with the Gusman Center. It doesn't seem to be anywhere in the agenda for the Miami Parking Authority to come back to this Commission for further review. And in all fairness, I'd like to say even if it will come back, I would have asked for a deferral anyways because I hadn't had enough time to actually meet with Art and so forth. And when I saw that it wasn't in the agenda, I just, you know, moved on. However, as a point of procedure, policy, this is the second time that it has occurred to me where I respectfully request - - and this time even with a vote, a unanimous vote by this Commission -- for an item to come before us again andl don't see it in the agenda. Therefore, I want to, you know, discuss it. And I know I'm using a point of privilege, but I want to discuss it and see what needs to be done, what's the proper procedure. Am I doing something wrong? How do we relate [sic] the message better? What needs --? What is the proper procedure in order for this Commission, now with a vote, to have something come before us and again not being placed on the agenda? So -- Chair Sarnoff Madam Clerk. Priscilla A. Thompson (City Clerk): Yes, sir. Chair Sarnoff I think probably you're the best person to answer that. Ms. Thompson: Okay. I'm not the best person, but I'll handle some of it, then I'll toss the ball over to the Manager because the Manager is actually -- his office that is responsible for preparing the agenda. Vice Chair, you're absolutely right. We had a lot of discussion in formulating the motion and the motion was approved to come back for further review of their budget. That was the wording. Now the actual placement of the item on the agenda would rest with the Manager and his staff. Thank you. Carlos A. Migoya (City Manager): Thank you for passing the ball over here. City ofMiami Page 138 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Commissioner Gort: You pass it on to the Attorney. Mr. Migoya: We actually had a discussion about that and --from an Administration standpoint, andl understood -- andl totally apologize ifI completely missed the ball. I thought that what you were requesting was that you reserve the right to review in the future, but not necessarily at this meeting. But we can easily bring it back to the next meeting. That's -- if you'd like to do that, we're happy to do so. Andl totally apologize for not -- andl thought the one that we definitely were bringing back was the Gusman and that you were reserving the right to review in the future the MPA (Miami Parking Authority), butt thought we had approved the MPA budget and what you were doing was reserving the right at any time in the future to review that budget. So, again, I apologize ifI missed it. But like you said, it was late at night and maybe I had one of those moments. Chair Sarnoff Go ahead, Vice -- Vice Chair Carollo: Thank you, Mr. Chairman. I understand it was late at night, andl understand that this year we're doing everything a little different. I think the right that this Commission had in the past wasn't used the way it should be used with regards to approving budgets and so forth. And this year I think we're starting to see a big difference in the accountability. It was late at night. By the way, the Parking Authority's budget was approved 4-1, one member of this Commission voting against it, and we do have that right to bring it back. However, right after that 4-1 vote, I made a motion, seconded by Commissioner Suarez and voted unanimously to bring it back to this Commission on October 14 to be heard again. Again, listen, I'm just bringing it up so for the future, it doesn't keep occurring. This is the second time it occurs. And l just want to make sure that, you know, going forward, whenever this Commission as a whole directs the Administration or requests something and, even worse, votes unanimously to have something come before us or someone come before us, that it actually gets followed. So thank you. I appreciate, you know, you entertaining my point of privilege and then we could -- if you'd like, we can continue with RE. 5, which is the -- Mr. Migoya: May I get a point of clarification? Would you like to have the MPA budget reviewed on the November 18 meeting? Vice Chair Carollo: Yes, I would. Worst -case scenario, if we can't get to it -- 'cause now we have to see -- November 18 meeting is going to be the whole month put into one. I don't know how filled that agenda is going to be or not, so yes, I would like for it -- I mean, I would like to listen for my colleagues. I would like for it to be in the November 18 with obviously the ability to defer because I don't know how packed that agenda's going to be. Mr. Migoya: We always have the ability to defer. Oh, I'm sorry. We do have a meeting on October 28, that's right. Commissioner Gort: Yeah. Mr. Migoya: I missed that one. I don't know why I missed it. You want to bring it back to the October 28 meeting? Vice Chair Carollo: Sure. I mean, I think Commissioner Suarez would like -- Commissioner Suarez: Thank -- Chair Sarnoff Commissioner Suarez recognized for the record. Commissioner Suarez: -- you, Mr. Chairman and Mr. Vice Chairman. I agree with the Vice Chairman. I recall that meeting, andl think the reason why -- the first time that looked at their City ofMiami Page 139 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 budget, andl think the Vice Chairman mentioned it as well, we asked for -- I met with Art and asked for a more detailed breakdown of some subcategories on the budget. Andl was actually thinking the exact same thing as you, that I probably would have needed at least another two weeks 'cause just today, this morningl looked at some of the categories andl wanted an individual itemized breakdown of the subcategories. So it's kind of like a third level of review. Andl think the Vice Chairman is right, that we're scrutinizing budgets at a level of review that has never been done before and sometimes it takes a little bit more time. So for me, October 28 should be fine. I thinkl -- I've been told I'll have the information by tomorrow. So once I have the itemized breakdown of that subcategory, I can meet with the MPA. I think we already have a meeting scheduled so -- I mean, if that's okay with you, I'm fine with the 28th. Chair Sarnoff Is anyone else wish --? Commissioner Gort. Commissioner Gort: I think they should make sure that all the Commissioners gets the information. Chair Sarnoff All right. So we -- Is there a motion? Commissioner Gort: Move it. Vice Chair Carollo: There -- I don't think there needs to be a motion, Mr. Chair -- Chair Sarnoff We have a -- Vice Chair Carollo: -- correct me if I'm wrong, City --Madam City Clerk. I mean, in all fairness, we made a motion last time and it was passed unanimously and nothing happened so -- Chair Sarnoff What are we doing with RE.5? That's -- Vice Chair Carollo: RE (Resolution) --I actually -- what did is a point of privilege andl wanted to bring that up since it was related to RE.5 because MPA manages the Gusman. Now I think RE. 5 is specifically the budget of the Gusman. Chair Sarnoff Well, here's my issue. What if we were to approve what is here and it comes back as a full budget and then we don't approve that budget or for whatever we modify to that budget, is this a useful act, what we're doing today? You want to speak, Art? Art Noriega: Yeah, ifI may. Art Noriega, Miami Parking Authority. The issue as it relates to the Gusman budget is completely independent of the DOSP (Department of Off -Street Parking) budget, so you can approve this budget today. Chair Sarnoff Is it independent? Is it --? Mr. Noriega: They are, absolutely. Yes, they are. Chair Sarnoff All right. So then the instruction from this Commission is to bring it back on the 28th. NA.4 RESOLUTION 10-01239 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING LYLE Clerk GRANDISON AS A MEMBER OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD. City ofMiami Page 140 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0470 Chair Sarnoff District 5, Commissioner. Commissioner Dunn, I understand you have a pocket item. Commissioner Dunn: Yes, sir, Mr. Chairman. I guess what I wanted to request from Ms. Thompson, from the Clerk, a change -- I guess a removal in the Overtown Community Oversight Board removal and appointment, and that is to remove Lyle Grandison from the Overtown Community Oversight Board and appoint or replace with Bishop James Dean Adams to the Overtown Community Oversight Board. Priscilla A. Thompson (City Clerk): So what we would need to do, we need two separate motions and votes, first to remove your appointment that was made at the previous meeting of Mr. Lyle Grandison. Commissioner Dunn: Yes. Ms. Thompson: Your mover? Commissioner Dunn: Yes, yes. So move. Chair Sarnoff Got a motion by Commissioner Dunn, second by the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. (NA.4) RESOLUTION 10-01239a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Bishop James Adams Commissioner Richard Dunn II Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0469 City ofMiami Page 141 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 NA.5 10-01231 Commissioner Dunn: To appoint Bishop James Dean Adams. Vice Chair Carollo: Second. Commissioner Gort: So move. Chair Sarnoff We have a second by the Vice Chair. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): Thank you. DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING THE MANAGEMENT AND ENFORCEMENT OF THE CITY OF MIAMI'S PARKING SURCHARGE. DISCUSSED Chair Sarnoff Any other pocket items? You have a pocket item. Commissioner Gort: Just an item that want to discuss. Unfortunately, I don't have the document with me right now, but one of the things I've been looking at -- one of the ways that we have to charge those people that utilizes the City ofMiami services that don't live in the City of Miami is through the parking surcharge. I've seen a lot more of those vacant lots being used as parking lot, and I'd like to see a little more supervision there. I don't understand -- I don't think they're paying the surcharge. We seeing a lot of the valet parking coming up also. They're not paying the surcharge and -- the one question that I had is we paying a company to oversee the charges and to make sure that we collect our funds, and my understanding is I don't believe that we should pay this company for overseeing the Parking Authority. I think the Parking Authority, we can trust them that they can pay the surcharge. Just -- Carlos A. Migoya (City Manager): We -- part of the reason for that company is to also look at exactly those illegal parking lots and things of that nature and they do -- that's part of what they do today. Andl think -- I thought we just renewed that contract. Chair Sarnoff No, no, no. Mr. Migoya: No. Chair Sarnoff We changed (UNINTELLIGIBLE). Commissioner Gort: We changed company. And also the business tax -- BTU -- BTRs (Business Tax Receipts), a lot of those people do not have the BTRs. I think that -- in my -- my understanding, some of the copies thatl receive from the Finance, those companies does not check the BTR, but I think our -- we should be checking on those things. Barnaby Min (Administrator): Barnaby Min, with the Office of Zoning. As was mentioned, standing in for the Finance Department, we recently got into -- entered a new contract with a new parking surcharge company. The individual who's running that contract or that company came from the previous company, the Parking Network, Frank Laso, so he does the undercover work with -- doing surveillance of the parking lots to actually figure out how many cars are City ofMiami Page 142 Printed on 11/10/2010 City Commission Meeting Minutes October 14, 2010 going in there, how many customers are going in. He does physical audits of the actual files. He does audits of comparable parking lots in the area to ensure that the charges are correct. Additionally, the contact person in the City ofMiami for the parking surcharge is the Finance Department, so the Finance Department does review the business tax receipts to ensure that the actual operator is complying with all the requirements. Commissioner Gort: But I'd like to see why we have to do the -- paying for -- supervise the Parking Authority. Mr. Min: Okay. It's just simply a matter of resources. I don't believe the City's able to do it on our own with the limited resources that we have. Commissioner Gort: No. I understand. But the Parking Authority gives report to us all the time. We're paying someone to recheck that. I think there could be some savings in there. Mr. Min: I -- I'll -- I can follow up with Ms. Gomez, Commissioner. Commissioner Gort: Okay. Chair Sarnoff All right. We're going to be in recess on this agenda. Then we're going to call the CRA (Community Redevelopment Agency) agenda at quarter to six. So we stand in recess. ADJOURNMENT A motion was made by Vice Chair Carollo, seconded by Commissioner Dunn, and was passed unanimously, to adjourn today's meeting. Chair Sarnoff All right, motion to adjourn. Vice Chair Carollo: So move. Chair Sarnoff Motion by Commissioner -- Vice -- Commissioner Dunn: Second. Chair Sarnoff -- Chair, second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you, gentlemen. Great meeting. City ofMiami Page 143 Printed on 11/10/2010