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HomeMy WebLinkAboutCC 2011-03-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V drCuRe 4RATtI ! L Meeting Minutes Thursday, March 24, 2011 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Tony E. Crapp Jr., City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes March 24, 2011 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 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...J'fefers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00259 PRESENTATION Honoree Presenter Protocol Item Tributes to Women Mayor Regalado Commendations Dr. Dorothy J. Fields Dr. Jacqueline James Ms. Albena Sumner Dr. Freddie Young Mrs. Leome Culmer Dr. Stratego Castanes Miami Jewish Health Commissioner Sarnoff Salute Systems 11-00259 Protocol.pdf PRESENTED 1. Mayor Regalado and members of the Miami City Commission saluted Dr. Stratego Castanes, Ms. Leome Scavella Culmer, Dr. Joyce Price, Ms. Lorraine Scott, Ms. Albena Sumner, and Dr. Freddie Young, in celebration of the City ofMiami's 2011 Women's History Month Recognition Program; further bestowed admiration and great respect to the recipients, and paid highest tribute in acknowledgment of their outstanding contributions to South Florida, embodying this year's theme of Our History is Our Strength." 2. In honor of National Women's History Month, Commissioner Suarez paid tribute to Strong Women, Strong Girls,"an organization whose critical mentoring strategies serve to assure a better and more independent future for young girls in our community. 3. Commissioner Sarnoff honored Miami Jewish Health Systems on the occasion of the celebration of seventy years of service to our community, applauding this organization's outstanding community -based mission to address the medical needs of people of all ages, cultures, and faiths in a commitment to creating longer, healthier, and more enriched lives. 4. Commissioner Sarnoff paid tribute to Liza Walton in recognition of her outstanding leadership and dedication to excellence as an administrator for the Neighborhood Enhancement Team; further acknowledging her thoughtful job performance, implementation of newer systems with technical creativity, and selfless commitment as the City's liaison working with residents and merchants at three NET Offices --West Flagler, Coral Way, and Coconut Gove/Brickell. Chair Gort: At this time, we have presentation to make. Mr. Mayor. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 24th day of March 2011, 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 Gort at 9:50 a.m., recessed at 12: 22 p.m., reconvened at 3: 09 p.m., recessed at 5: 25 p.m., reconvened at 5: 34 p.m., and adjourned the meeting at 7: 46 p.m. City ofMiami Page 3 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk Chair Gort: Good morning, ladies and gentlemen. Welcome to the City ofMiami Commission meeting of March 24. With me is -- he'll be in a minute -- Vice Chairman Frank Carollo, Richard -- Commissioner Richard Dunn, Commissioner Marc Sarnoff, and Commissioner Francis Suarez. Also with me is City Manager, Tony Crapp; City Attorney, Priscilla [sic] Bru -- sorry, City Clerk. I changed your job overnight. -- and City Attorney, Julie Bru, and City Clerk, Priscilla (UNINTELLIGIBLE). At this time, I will ask Commissioner Dunn to do the invocation and Commissioner Carollo, could you do the pledge of allegiance? Vice Chairman. Invocation and pledge of allegiance delivered. MAYORAL VETOES NO MAYORAL VETOES Chair Gort: Madam Clerk, do we have any veto? Priscilla A. Thompson (City Clerk): There are mayoral vetoes. Chair Gort: There's no mayoral veto. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: At this time, I'd like to ask any of the Commissioners or the Administration would like to withdraw any one items. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Priscilla A. Thompson (City Clerk): I'm sorry. I'm sorry, Mr. Chair. Only because we're trying to stick with the agenda, your minutes. Chair Gort: You want the approval of the minutes? Okay. Ms. Thompson: Thank you. Chair Gort: You all have the minutes. You had an opportunity to read it. Do you have a motion to approve the minutes? Commissioner Suarez: So move. Commissioner Dunn: So move. Chair Gort: It's been moved by Commissioner Suarez -- Commissioner Suarez: Second. City ofMiami Page 4 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: -- second by Vice Chairman Carollo. Vice Chair Carollo: Yes, but we need the dates on the record. Commissioner Suarez: February 24, 2011. Ms. Thompson: The date -- no problem. Before you today for approval would be your minutes of your planning and zoning meeting of February 24, 2011. Chair Gort: Okay, any discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Ms. Thompson: Thank you. END OF APPROVING MINUTES ORDER OF THE DAY Chair Gort: We will now begin the regular meeting. The City Commission -- Madam Attorney, can you go over the rules -- Julie O. Bru (City Attorney): Good morning, Mr. Chair -- Chair Gort: -- procedures. Ms. Bru: -- members of the Commission, Mr. Vice Chair, Madam Clerk, Mr. Manager, members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone 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 or other noisemaking devices. Please silence them now. If anybody becomes unruly in these chambers, they may be barred from further attendance at Commission meetings. Any person with a disability that requires auxiliary aids, please see the City Clerk now. The Chairman will address the times of the breaks and recesses at this meeting. This is also a planning and zoning meeting today, and certain rules that apply to that meeting will be announced at the time that that portion of the agenda commences. Thank you, Mr. Chair. Chair Gort: Thank you. [Later..] Chair Gort: Any pull or deferred item? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I'd like to continue RE. 10. Chair Gort: RE.10, to be continued. Vice Chair Carollo: And I'll make a motion to continue RE. 10. City of Miami Page 5 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Dunn: So -- second. Priscilla A. Thompson (City Clerk): Are we going to do them all at the same time? Are there any other ones? Chair Gort: Continue to any particular day? Vice Chair Carollo: It's going to be to the same like meeting. Chair Gort: Okay. There's a motion by the Vice Chairman Carollo, second by Commissioner Dunn. Any discussion? Being none, all in favor, state it by saying "aye. " Any other Commissioners? Administration. Tony E. Crapp, Jr. (City Manager): Yes, sir, Mr. Chairman, members of the Commission. The Administration requests to defer RE.14 to the April 14 Commission meeting. We request to withdraw D1.3 [sic] and also continue PZ.5 to the April 28 Commission meeting. Chair Gort: What was the last one? Mr. Crapp: PZ.5 continued to the April 28 Commission meeting. Chair Gort: PZ.5. I understand there might have been a request for PZ.8. Vicky Garcia -Toledo: Good morning. Vicky Garcia -Toledo, on behalf of Bacardi. We would like to request a 60-day continuance on the Bacardi matter. Bacardi is interested in dedicating a view corridor to the building and would like to have the time to draft and make graphics for that view corridor. Commissioner Sarnoff. Mr. Chair, I'll make the motion. Chair Gort: It's a motion by Commissioner Sarnoff, second by Commissioner Suarez. Commissioner Suarez: Yes. Chair Gort: Any discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Commissioner Suarez: But there may be more. Vice Chair Carollo: Yeah. I think there -- all the ones from the Administration. Chair Gort: Do you have another one? Barnaby Min (Zoning Administrator): Mr. Chair -- Mr. Crapp: Barnaby's going to address -- Mr. Min: -- Barnaby Min, on behalf of your Office of Zoning. I have a request concerning PZ. 6 from the applicant. Mr. Echemendia is requesting a deferral to April 28 because he's out of town, andl have a letter if the Commissioners need it. Chair Gort: PZ. 6? Mr. Min: Correct. City of Miami Page 6 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: IfI may, on the one that we just voted on, it was a request for 60 days. I want to make sure that it's a continuance or -- 'cause maybe 60 days doesn't land on a Commission meeting. The request from Ms. Toledo was -- Chair Gort: Be a continuance. Ms. Garcia -Toledo: It will be a continuance to the May meeting, P&Z (Planning & Zoning) meeting. Vice Chair Carollo: Okay, I just want to veri 'cause -- Ms. Garcia -Toledo: Yes. That will work. Vice Chair Carollo: -- on the record you said 60 days, and l just want to make sure that -- Ms. Garcia -Toledo: Sixty days may not be correct. Thank you. Vice Chair Carollo: Exactly (UNINTELLIGIBLE). Chair Gort: It might not be -- yeah. Ben Fernandez: Mr. Chair, Ben Fernandez, 200 South Biscayne Boulevard, here on PZ.1, the Little River Club, Inc. We would respectfully request a deferral of 30 to 60 days. We have written to the abutting property owner to the west, and we are requesting a shared access agreement from that property owner in order to mitigate some of the conditions on the property. This has not been a difficult -- this has not been an easy resolution to come to due to the fact that the property owner in this case has recently -- has been in the past the subject of a Bert J. Harris claim that was settled with the County for access, so it's been difficult to convince our client that the shared access is a reasonable solution, but I think that they're working -- they're endeavoring to accomplish that. And we have written to the owners that have a letter, certified letter here in the record, and we would respectfully ask for some additional time. Commissioner Sarnoff.. Can I just see the letter? Mr. Fernandez: Sure. Chair Gort: Once again, this will be -- you're asking for a continuance to the next -- Vice Chair Carollo: PZ. Chair Gort: -- PZ meeting. Mr. Fernandez: Yes, sir. Chair Gort: This is a continuance, 30 or 60 days to the next PZ meeting. Mr. Fernandez: Yes. Commissioner Sarnoff.. Mr. Chair. City of Miami Page 7 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: Yes. Commissioner Sarnoff. Can I address Mr. Fernandez? Chair Gort: Sure. Commissioner Sarnoff. Mr. Fernandez, is this the church property? Mr. Fernandez: Yes. Commissioner Sarnoff. This has been for sale for four or five years? Mr. Fernandez: I know that it's for sale presently, yes. Commissioner Sarnoff. Right. And this letter is dated yesterday or today? Mr. Fernandez: We've been in contact with them before this. However, the certified date is yesterday. My understanding is that the communication has gotten to their attorney and we're waiting for a response. Commissioner Sarnoff. All right. Mr. Chair, I can make a motion for a 30-day extension. Vice Chair Carollo: Second. Chair Gort: Okay, it's been moved and second. Moved by Commissioner Sarnoff, second by Vice Chairman Carollo. Any further discussion? Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Fernandez: Thank you. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I make a motion to move the items for the Administration. Chair Gort: Okay, there's a -- Commissioner Suarez: Second. Chair Gort: -- motion by Vice Chairman Carollo, second by -- Ms. Thompson: I'm sorry, Chair. Okay, let me just review -- Chair Gort: Right. Ms. Thompson: -- with you what you've done because as -- my notes show that you have all of your motions and your votes recorded for all of the items. I'll start with RE. 10. That was a request to continue RE.10. Vice Chair Carollo, Commissioner Dunn; 5-0. Then there's a request to defer RE.14 to the April 14 meeting. DI. 1 [sic] is being withdrawn; PZ.5, moving to the April 28 meeting; PZ.8, moving to the May 26 meeting. That motion was made by Commissioner City of Miami Page 8 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Suarez -- I'm sorry, Sarnoff, seconded by Commissioner Suarez, with a vote of 5-0. Then you had your discussion on PZ.6, moving that to April 28; PZ.1, the original request was a 30- or 60-day referral [sic]. Commissioner Sarnoff made the motion for a 30-day, which will bring it to your April 28 meeting, second by Vice Chair Carollo, voted 5-0. Chair Gort: That's correct. Any other items left? Vice Chair Carollo: No. I was just under the impression that when Commissioner Sarnoff made the motion, it was just for Ms. Toledo's and not for the whole -- That was my interpretation. Ms. Thompson: And all you need to do is let me know how you want that handled. I -- because all of those items were on the table -- Commissioner Sarnoff.. I think the Vice Chair is right, but on the other hand, we may have accomplished what we wanted anyway. Vice Chair Carollo: Yeah. As long as we accomplish what we wanted, but -- and we want to just make sure the record is straight. Commissioner Sarnoff.. But I think you were reading my mind. Vice Chair Carollo: Yeah, exactly. Ms. Thompson: Thank you. And ifI just might suggest, in the future, if we do them all at one time, it just -- we can keep up. Chair Gort: Yeah. It'll be a lot easier. Ms. Thompson: All right. Chair Gort: Okay. Ms. Thompson: Thank you. City of Miami Page 9 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 CA.1 11-00173 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2011" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $500,000, CONSISTING OF A REIMBURSEMENT GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2010 SUMMER FOOD SERVICE PROGRAM, OPERATED BY THE DEPARTMENT OF PARKS AND RECREATION. 11-00173 Summary Form.pdf 11-00173 Summer Food Service Program.pdf 11-00173 First Renewal.pdf 11-00173 Amendment No. 1.pdf 11-00173 Legislation.pdf 11-00173 Exihibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0117 Chair Gort: You want to address I and -- Vice Chair Carollo: Yeah, CA.]. Chair Gort: C.1 [sic]. Vice Chair Carollo: Is there going to be a presentation or should I just start asking questions? Chair Gort: Introduce yourself, please. Ernest Burkeen: It's Ernest Burkeen, director of Parks and Rec. This is for the lunch for the summer camps. Vice Chair Carollo: At the different parks in -- through all the City ofMiami, correct? Mr. Burkeen: That's correct. Vice Chair Carollo: And how many parks are going to be receiving summer food service programs for children? Mr. Burkeen: Thirty-three. City ofMiami Page 10 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: Is it 33 or 35? Mr. Burkeen: Thirty-three sites. Vice Chair Carollo: Thirty-three sites. And out of those 33 sites, how many parks within the District 3? Mr. Burkeen: Two. Vice Chair Carollo: Just two. Is there any other parks in District 3 that could be receiving these summer food services? Mr. Burkeen: No. Vice Chair Carollo: Why is that? Mr. Burkeen: You have to have facilities that will accommodate children, meaning you have to have a cover, things like that. The only places that you have is Henderson and Jose Marti. Vice Chair Carollo: How about Southside Park? Mr. Burkeen: It doesn't have enough room. It's just -- the school itselfjust has buildings. If we, in fact, were to probably put up a shelter or maybe a shade structure or something, we could probably accommodate them in the future. Vice Chair Carollo: Well, I just, once again, going on record that don't feel that -- put it this way. Commissioner Dunn, how would you feel if out of 33 parks, only 2 were in your district? Commissioner Dunn: I have to -- in response to your question, I'd feel pretty much like you feel. I have to be honest. I -- may I make a suggestion to -- through the Chair? Chair Gort: Yes. Commissioner Dunn: Okay. I'm familiar with the summer food programs that the Miami -Dade County School Board runs. And I don't know if this even comes through them. I don't know. I guess it's through -- all through USDA (United States Department of Agriculture) or through -- What they used to do -- and this might help alleviate some of the fears and allay some of the issues that -- and concerns that my colleague has -- if they could not take it to a specific site, there was a neutral site that was located where individuals from say the site that is not being serviced could have someone actually pick up the food. I've participated in it with my church before. And what they would do -- when we had a summer camp, what they would do is they would pick a school that would be in the vicinity that was neutral and that way it would service three or four different sites. While we did not in fact qualin, for being designated as a site, they allowed us to satellite -- it was satellited [sic] through a neutral site. So I don't know if that's something that might be taken into consideration and at least it could be a neutral and that might be able to address some of the concerns that my colleague has. I don't know. I just thought I'd throw that out there 'cause I know I've had some experience with it. Mr. Burkeen: I think the question more is if you want us to pursue establishing a summer camp at Southside, we can do that and make that a part of our budget process. Vice Chair Carollo: Well, what I am looking for is to somehow remedy the problem that we have. Whether Southside -- I'll tell you what, Riverside Park. Riverside Park's another park that is in great need of help, of you know, providing snacks to the children and so forth. The reason why I City of Miami Page 11 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 mentioned Southside is because I know for a fact they have some type of community center or some type of building that you could serve the food and that's why I mentioned that. But Riverside, another park that, you know, like I just mentioned, has a lot of kids in that area that could really need or use some of those foods that are being provided. And my point, once again, is that out of 33 parks, only two in District 3 being serviced is unacceptable, and I'm looking for ways to remedy the problem. So with -- I actually -- I appreciate Commissioner Dunn bringing, you know, that possible solution, or at least somewhat of a remedy, and I'd like to explore that possibility. Mr. Burkeen: We will do that. Vice Chair Carollo: Thank you. Chair Gort: You know, my understanding, those two parks you mentioned, they have school system right with them, right? Am I correct? Mr. Burkeen: Pardon? Chair Gort: They're within the school system, the two parks that we -- that he mentioned? They're right next to a school, right? Mr. Burkeen: I'm sorry. I didn't hear your question. Chair Gort: The two parks that he mentioned, the Southside -- Mr. Burkeen: Jose Marti and -- Chair Gort: No, Southside Park -- Mr. Burkeen: Yes, those parks. Chair Gort: -- and the Riverside Park. Mr. Burkeen: Riverside is -- Southside is an old school building and Riverside has a baseball and tot lot areas. But I don't disagree that there's a number of kids over there that we need to service. So I'm in agreement with that. Chair Gort: Okay, so whatever we can work -- we would like to see it. Mr. Burkeen: I mean, we'll look at it, make it a part of our budget process. Chair Gort: Okay. Thank you. Anything else? Vice Chair Carollo: No. I'm ready to vote, and I'll make a motion. And -- Chair Gort: Been moved by -- Commissioner Suarez: Second. Chair Gort: -- Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. CA.2 RESOLUTION City of Miami Page 12 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 11-00183 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, FOR FUNDS IN AN AMOUNT NOT TO EXCEED $60,000, FOR THE DEMOLITION OF EXISTING DOCK AND CONSTRUCTION OF A NEW KENNEDY PARK FLOATING DOCK ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS OF FIFTY (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $60,000 FROM THE KENNEDY PARK FLOATING DOCK PROJECT, PH-1, AVAILABLE FROM CAPITAL IMPROVEMENT PROJECT B-30541 B; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00183 Summary Form.pdf 11-00183 Kennedy Park Budget Estimate.pdf 11-00183 Legislation.pdf 11-00183 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0114 CA.3 RESOLUTION 11-00184 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $117,500 FOR THE LITTLE RIVER WATERFRONT PARK ACQUISITION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR SEVENTY-FIVE PERCENT (75%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $352,500 TO BE PROVIDED BY THE BISCAYNE BAY/MIAMI RIVER LAND ACQUISITION TRUST FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2011-2012. 11-00184 Summary Form.pdf 11-00184 Project Cost Estimate.pdf 11-00184 Legislation.pdf 11-00184 Exhibit 1.pdf City of Miami Page 13 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 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-11-0118 Chair Gort: CA.3. Lillian Blondet (Interim Director): Good morning. Lillian Blondet, Office of Grants Administration. At this point the City would like to apply for match funds from the Florida Inland Navigation District, so this is a resolution requesting that we are authorized to submit the application. The resolution reads a resolution of the City ofMiami Commission, with attachment, authorizing the City Manager to submit an application for grant funding, to the Florida Inland Navigation District Waterway Assistance Program in the total amount not to exceed 117, 500 for the Little River Waterfront Park acquisition project; authorizing allocation of the required matching funds for 75 percent of the project cost, in an amount not to exceed 352,500, to be provided by the Biscayne Bay Miami River Land Acquisition Trust funds; authorizing the City Manager to execute any other necessary documents in a form acceptable to the City Attorney for the submission of said grant application for fiscal year 2011/2012. I also want to say that the property has been identified but we have sent for an appraisal to be done on the property. It's underway, and the City will pay market price for the property, and that's why we're doing an appraisal. All the due diligence will be done for the property before the property is purchased. Chair Gort: Thank you. Commissioner. Vice Chair Carollo: Mr. Chairman, thank you. I just had one question during briefing -- well, actually, I had various questions during briefing, but the main question that I want to pinpoint here was as far as the maintenance. And when I asked that question, you said that the homeowners' association. Andl asked, okay, but do you have anything in writing. Ms. Blondet: No, we don't. No, I don't. Vice Chair Carollo: No. Ms. Blondet: I understand that the homeowner association has committed to provide the maintenance for the park, but I don't have anything in writing. Vice Chair Carollo: Okay, and -- then before I vote, I just want to ask the District 2 Commissioner -- 'cause I know that this is in District 2 -- do you have -- do you feel comfortable that the maintenance and so forth will be provided by the --? And again, I'm just -- Commissioner Sarnoff.. No. It's a fair question, Commissioner. Mr. Chair -- I don't know if you've been to the park. Actually, I call it a park because it actually very much looks like a park. If you picked up a couple of frontons, I think you'd have a park in less than ten minutes. We tried to estimate what it would take to keep that park going on an annual basis. You can come up with six thousand to twelve thousand a year. It's really cutting the grass, taking down a fronton here or there. It's not a significant -- it's not significant. I can assure you thatl will back it up through my budget so that -- you know, we have some Bayfront Trust money that was given to us years ago that we still have available. I will back it up from my budget for the time that I'm here, so I can make that commitment to you. I -- this is an in -- nothing's insignificant. The range is between 6 to 10 to $12, 000, depending upon what does and doesn't get done. You could literally call it a park tomorrow and be very proud of it. Vice Chair Carollo: Actually, you know, I appreciate that. And realistically, you just heard my City ofMiami Page 14 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 conversation I had that, you know, my district doesn't have any parks, and by no means does that mean that now I'm going to try to railroad a park in your district. As a matter of fact, you know in the past I've approved parks in your district. Commissioner Sarnoff. We're going to make sure that we send a trolley right down Southwest 8th Street to make sure that everybody -- this is a beautiful park that -- I know, Commissioner Dunn, everybody will use this. I mean, I actually -- quite candidly, Commissioner, you know, I got involved in this process and hadn't been to the place. But a year ago, I went there and thought to myself this is like -- it's like a jewel in the rough. I mean, it is just an extraordinary piece of property. I was all prepared to give you a speech on Robert Moses and what he did back, you know, during the Depression area [sic] for New York because, you know, it must be really tough. The only time you're ever going to acquire a property in the City ofMiami or anywhere of any kind of city of magnitude is during a severe recession or depression. Why? You could never pay top dollar for your land. And then comes the struggle, how much can you acquire? How much can you digest? And it takes a certain vision -- I know that everybody here on this dais came here for reasons, some the same as others and some different. The true reason I got on this dais -- and it's changed some -- has been parks, the acquisition and the improvement of parks. I've dedicated most of what I've done to Kennedy, to Legion, to Paul Walker Park, hopefully to the acquisition of this park. It certainly is something of a small legacy you can leave behind because you want to provide something to people that they actually tangibly see and feel. I know, Commissioner Suarez, we share what I call wall envy. We both put up beautiful walls, and that's something people tangibly see and they want to remember, and you always want to do that as a Commissioner. I know you're the great recipient ofMarlins Stadium and I'm not even going to debate you on -- it's there and upon the shoulders of people that made decisions before you stands Marlins Stadium. That's got to be a proud moment for you to see a landmass being utilized for that, and there's a lot of open space there too that think you're going to be able to take advantage of. So I was going to give you a Robert Moses speech. I'll refrain from doing that -- Vice Chair Carollo: Thank you. Commissioner Sarnoff. -- and just assure you that will appropriate for it. Vice Chair Carollo: And by the way, again, I'd like to thank you because -- and you're speaking to a Commissioner that doesn't think the maintenance should be all that expensive, so I agree with you. You know, $6,000, maybe 10, I do agree with you. And if you remember, a few Commission meetings back when there was an outside agency that wanted to be hired to maintain, I said, whoa, wait a second. Why can't we just do it in-house with the same employees that we're paying `X" amount of dollars and so forth. So I agree with you. But it also says a lot, that you would -- to give me some comfort, say, hey, listen, if the association doesn't come through, I'll put up the money from my office account. So, you know, I truly appreciate that. And I will be in full support of this. And if you want to make the motion, I'll make the motion. Commissioner Sarnoff. I'll ask you to make a motion. Vice Chair Carollo: I make a motion to move this. Commissioner Suarez: Second. Commissioner Sarnoff. Thank you. Chair Gort: It's been moved by the Vice Chairman Carollo, second by Commissioner Suarez. All in favor -- Don't go yet. I got questions. Ms. Blondet: I'm not leaving. City ofMiami Page 15 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: -- state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: I, like you, (UNINTET,TIGIBLE) have problem with the parks, I have a problem with a lot -- we have a lot of waters within the District 1, the Blue Lagoon. Andl requested from your office -- and we have part of the river, a large part of the river -- if we can find the same type of grant to do some of the work that needs to be done in the (UNINTELLIGIBLE) Lagoon. I think I'll send some information on it and some of the things that we can do in the river also, which is very important. Ms. Blondet: Okay. Chair Gort: So I'm going to be sending that to you. Ms. Blondet: Okay. Thank you. Chair Gort: Thank you. CA.4 RESOLUTION 11-00185 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $60,000, FOR THE SPOIL ISLAND "E" RESTORATION AND FLOATING DOCK CONSTRUCTION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $60,000, TO BE PROVIDED BY THE SPOIL ISLAND "E" RESTORATION AND FLOATING DOCK PROJECT AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30721; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00185 Summary Form.pdf 11-00185 Spoil Island Budget Estimate.pdf 11-00185 Legislation.pdf 11-00185 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0115 CA.5 RESOLUTION 11-00186 City of Miami Page 16 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, FOR FUNDS IN AN AMOUNT NOT TO EXCEED $75,000 FOR THE KENNEDY PARK SHORELINE STABILIZATION PHASE I ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS OF FIFTY (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $75,000 FROM THE KENNEDY PARK SHORELINE STABILIZATION PHASE I, AVAILABLE FROM CAPITAL IMPROVEMENT PROJECT B-30541C; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00186 Summary Form.pdf 11-00186 Kennedy Park Shoreline Budget Estimate.pdf 11-00186 Legislation.pdf 11-00186 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0116 Adopted the Consent Agenda Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF CONSENT AGENDA Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: In the consent agenda, I want to pull CA.1, and I'd like to pull CA.3. Chair Gort: CA.1 and CA.3. Any other Commissioner like to pull any other item? Okay. Can I have a motion to approve without CA.1 and CA.3? Vice Chair Carollo: I make a motion to approve -- Commissioner Suarez: Second. Vice Chair Carollo: -- the remainder of the consent agenda items. Chair Gort: Been moved by -- Commissioner Suarez: Second. City of Miami Page 17 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 9:00 A.M. PH.1 11-00166 Department of Community Development Chair Gort: -- Vice Chairman Carollo, second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $4,468,078 IN THE ECONOMIC DEVELOPMENT CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES IN PROGRAM YEAR 2011-2012, BEGINNING APRIL 1, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 11-00166 Summary Form.pdf 11-00166 Public Notice.pdf 11-00166 Legislation.pdf 11-00166 Exhibit 1.pdf 11-00166 Exhibit 2.pdf 11-00166 Exhibit 3.pdf 11-00166 Exhibit 4.pdf 11-00166 Exhibit 5.pdf 11-00166 Exhibit 6.pdf 11-00166-Submittal-Grady Muhammad-Misc. Documents.pdf 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-11-0119 Chair Gort: Okay, consent agenda is done. Let's go to -- Vice Chair Carollo: PH (Public Hearing). Chair Gort: -- public hearing, PH. George Mensah: Good morning. George Mensah, director of Community Development. PH.1 is a resolution of the Miami City Commission authorizing the allocation of program year 2011/2012 Community Development grant funds in the amount of $4,468,078 to the entities that are described -- attached. Commissioner Dunn: Motion. Chair Gort: Okay. City of Miami Page 18 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: Second. Chair Gort: Moved by Commissioner Dunn, second by Vice Mayor Carollo -- Vice Chairman Carollo. It's a public hearing. It's open to the public. Yes, sir. You have two minutes. Mike Suarez: Mike Suarez, 5201 Northwest 7th Street. I have issue with the organization, Allapattah Business Development Authority. It was recently brought to my attention that an ex -Commissioner that was charged and pled guilty to corruption is now on the board of directors of this organization. I believe his title is a vice president. Myself, as a taxpayer, I do not feel comfortable with such an individual having an influential role in this organization that's receiving obviously taxpayer money. So I would ask -- and for this particular business not to receive the -- I believe it's $180, 000 that will be allocated to them. I think it's outrageous that this individual is even participating in that organization. So I would ask that you not grant the money. It would be -- you know, it's just ridiculous. Chair Gort: Thank you. Anyone else? Mariano Cruz: Me. Chair Gort: Yes, sir. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street, Miami, Florida 33142, a resident of Allapattah since 1965, '63. I'm founding member of Allapattah Business Development Authority and Allapattah Community Action, together with Orlando Urra and all that. Andl was the one that brought Mr. Gonzalez as a member, as a vice chairman of the board because we need people that's dedicated to the neighborhood being there, like I am here dedicated today. Today it's costing me money to be here, okay, 'cause I am doing some classes and getting paid for the Labor Department. If I don't go to the classes, I don't get paid, but I am not being paid. I am chairman of the board as a community involvement with the community. What have you done for the community in Allapattah? I've never seen you there. Chair Gort: Excuse me. Address the Commission. Mr. Cruz: No, no, okay. But the reason I want to say -- Mr. Suarez: Mariano -- Mr. Cruz: -- Mr. Gonzalez -- Mr. Suarez: -- if you're -- Chair Gort: Excuse me, sir. Excuse me, sir. You already spoke. Mr. Suarez: I think that you're saying that I'm paid -- Mr. Cruz: No, no, no, wait a minute. Mr. Suarez: -- I think you're saying that I got paid to be here -- Chair Gort: You already -- Mr. Suarez: -- which is not the case. Chair Gort: Sir, you already spoke. City of Miami Page 19 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Mr. Cruz: No, no, no. Wait a minute, wait a minute. Chair Gort: Please sit down. Mr. Suarez: Yeah, all right. Mr. Cruz: There was a paper that was brought to my attention where insult you. It's lucky you didn't put me because otherwise I'll be suing you for defamation and everything because whatever you say in the paper is -- are lies because you have -- in a civil suit -- you being open to a civil suit. You got to be careful. Chair Gort: Okay. Mr. Cruz: As a lawyer -- Chair Gort: Mariano -- Mr. Cruz: -- you know that. Defamation and libel. Chair Gort: -- we're addressing the issue. Mr. Cruz: Okay, the issue is that Mr. Gonzalez -- Chair Gort: You're in favor of it. Mr. Cruz: -- is legally a member. He doesn't have any criminal record or anything. We check everybody, the members of the board there. I, as the chairman, accepted him as a member, the board accepted, and he's vice chairperson ofAllapattah Business and been in business since the early -- since the '80s there, okay, and we do a lot of work there. We have the employees here. They come here and we do the work there, and that's it. And then people come, oh, we this and we that. I don't know why it's that issue. Mr. Suarez: We nothing. Chair Gort: Hey. Mr. Suarez: Mariano, we nothing. The fact that -- Mr. Cruz: Okay. Mr. Suarez: -- you have a guy who's been charged with corruption -- Chair Gort: Excuse me. Mr. Suarez: -- is ridiculous -- Chair Gort: You're out of order, sir. Hello. Mr. Suarez: -- to spend taxpayer money when -- Chair Gort: Hello. Mr. Suarez: -- this guy has an influence over this organization. Chair Gort: You're out of order. City of Miami Page 20 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Mr. Suarez: You're talking nonsense, Mariano. Chair Gort: Hey, hey. You're out of order. Mr. Cruz: Listen -- Chair Gort: You had your two minutes. Mr. Suarez: He's out of order. Mr. Cruz: -- you got -- Chair Gort: Okay. Mr. Cruz: -- to be careful. Don't pick on me because I -- Chair Gort: Mariano, hey. Mr. Cruz: -- am not easy. I am a veteran with (UNINTELLIGIBLE) -- Chair Gort: Mariano. Mr. Cruz: -- collecting disability. Chair Gort: Mariano -- Mr. Cruz: Just be careful -- Chair Gort: -- that's it. Mr. Cruz: -- with me. Chair Gort: Thank you. Bye. Mr. Cruz: Thank you. I see you at the VA (Veterans Administration) visiting the sick people there. The other day when I was leaving -- Chair Gort: Mariano, your two minutes are up. Mr. Cruz: -- Commissioner Dunn was going to visit there. Chair Gort: Thank you. Mr. Cruz: Okay. Chair Gort: Yes, sir. Grady Muhammad: Good morning, Mr. Chairman. Grady Muhammad, 5800, president of Miami Dade First. This proposal with the economic development, two things happens. The funding is only being spent is 640,000 out of 4, 680, 000. The majority of it is going into reserves. Furthermore, the facade code compliance hard costs, which is going back to the City ofMiami -- in the 2010 letter from CD (Community Development), $100 million from 2010 -- 2000 to 2010 is coming to Community Development. This is the 40th year -- almost the 40th year. The census track demographic density of poverty poverty statistics of Liberty City, Overtown, and Little City ofMiami Page 21 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Haiti brings down 50 percent of the revenue. The money does not come to our community. They stated jobs was going to be created. No jobs have been created. They stated last year with $5, 000 grants given to small mom-and-pop businesses that jobs was created. Surely, when no money can be going to $5, 000, no jobs are being created, Mr. Chairman. And finally, I thought we was going to deal with this issue, Mr. Chairman, in reference to (UNINTELLIGIBLE). I never met with Mr. Mensah ten weeks ago when you asked me to do that, Mr. Chairman. This is the raw sewage that in the unit they was trying to move me in that refused to move in. You have copies for it. Mr. Mensah: That's not true. Mr. Muhammad: And the minutes is there, as well as the mold that she stated was not there. I'm giving you all copies of this stuff that they stated was not there. And the last pages is the mold and the mildew. Furthermore, ifI may complete, Community Development has refused to assist me. They tried to criminalize me by trying to get me to sign a affidavit that they put names in there that I've never used in my life so they want me to sign it and then notarize it and then criminalize me and perjure myself and say, well, you have knowledge of that. That's also in your package. So I refuse to sign an affidavit that will criminalize me with names that have never used in my life, and I'm entering this for the record. Chair Gort: Thank you. Okay, any further discussion? Okay. All in favor, state it by saying, "aye. The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): No. I'm sorry. I don't have on record a mover or a seconder -- Commissioner Dunn: So move. Ms. Thompson: -- for your motion. Vice Chair Carollo: Second. Commissioner Sarnoff.. We were on PH.1, correct? Ms. Thompson: Correct -- Commissioner Dunn: Yes. Chair Gort: PH.1. Ms. Thompson: -- PH.1. Commissioner Dunn: PH.1. Chair Gort: Commissioner -- moved by Commissioner Dunn, second by Vice Chairman Carollo. Ms. Thompson: Thank you. PH.2 RESOLUTION 11-00167 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANT Development ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA"), AN City of Miami Page 22 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM DECEMBER 31, 2009 TO JUNE 1, 2011, AND TO COMPLETE CONSTRUCTION FROM DECEMBER 31, 2010 TO DECEMBER 31, 2011, ON THE PROPERTY LOCATED AT 1264 NORTHWEST 31ST STREET, MIAMI, FLORIDA; AND AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM JUNE 30, 2010 TO JANUARY 1, 2012, AND TO COMPLETE CONSTRUCTION FROM JUNE 30, 2011 TO JUNE 30, 2012, ON THE PROPERTY LOCATED 790 NORTHWEST 29TH TERRACE, MIAMI, FLORIDA; AND AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM JUNE 30, 2010 TO JULY 1, 2012, AND TO COMPLETE CONSTRUCTION FROM JUNE 30, 2011 TO DECEMBER 30, 2012, FOR THE PROPERTIES LOCATED AT 3255 NORTHWEST 11TH COURT AND 3245 NORTHWEST 11TH COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY REQUIRED MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTIES FROM THE CITY OF MIAMI TO ABDA, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. 11-00167 Summary Form.pdf 11-00167 Public Notice.pdf 11-00167 Letter From ABDA.pdf 11-00167 Scope of Work.pdf 11-00167 Pre Resolutions.pdf 11-00167 Letter From Department of CD.pdf 11-00167 Amended Corrective City Deed.pdf 11-00167 Legislation.pdf 11-00167 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0120 Chair Gort: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution authorizing the City Manager to grant extension to Allapattah Business Development Authority extension of time to start and complete properties that was provided to that particular agency. Chair Gort: Okay. Commissioner Dunn: Mr. Chairman. Chair Gort: It's a public hearing. It's open to the public. Grady Muhammad: I'm definitely supporting this, Mr. Chair. Grady Muhammad, with Tacolcy and the developers. I think the extension should be granted. They are one of the best developers in our community, Tacolcy Economic Development. They was the first to build housing in 20 years under Mr. Pitts previously, andl think this extension should be granted without question. We've granted extensions to Miami Dream Homes and Miami Dream Homes is seven units, three stories, going to cost the City $2 million. There's no egress and ingress to be able to access the parking. The director stated in reference to -- at the Commission meeting last month, the elevator. There is no elevator. This is a building that Miami Dreams [sic] Home [sic] building City of Miami Page 23 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 is going to convey to the City after they've completed it. But I can assure you it's going to cost the taxpayers of the City ofMiami community development block grant $2 million for seven rental units. And Mr. -- Commissioner Suarez, Commissioner Dunn -- Chair Gort: Excuse me. Mr. Muhammad: Yes, sir. Chair Gort: We're on PH.2, single-family homes. Mr. Muhammad: And this started off -- Chair Gort: Okay. Mr. Muhammad: Mr. Chairman, I sat on the Model City Trust Board in 2005. We approved this in 2005 to Miami Dream Homes as a one-story, three -bedroom, two -bath home. It morphed into a three-story, seven -unit home. And again, Commissioner Suarez, Commissioner Dunn, we was at the groundbreaking, Mr. Mayor, of the Beacon last year. The Beacon is almost complete. That's about 90 to 100 units. This is seven units and it's taken five years for seven units. That's disgraceful and it's unacceptable to allow that kind of money to be spent -- 13 homes with Mr. Sims (phonetic) at $150, 000. Thirteen homes could have been built for this $2 million for seven units, and it's taken five years when we're building apartments like the Beacon in less than 14 months. How is seven units is taking five years, Mr. Chair? Someone must explain, Mr. Manager. Chair Gort: Thank you. Any further discussion? Yes, sir. Do I have a motion? Commissioner Dunn: So moved -- Chair Gort: Moved by -- Vice Chair Carollo: Second. Commissioner Dunn: -- for discussion. Chair Gort: -- Commissioner Dunn -- Commissioner Dunn: For discussion. Chair Gort: -- second by the -- Vice Chair Carollo: Vice Chair. Chair Gort: -- Vice Chairman Carollo. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I'm sorry. You opened your public hearing. Have you closed your public --? Chair Gort: Close the public hearing. Ms. Thompson: Thank you. Chair Gort: The public hearing is closed. Motion was made and second. Commissioner Dunn: Mr. Chair. City ofMiami Page 24 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: Yes. Commissioner Dunn: Just for the record, this is perhaps one of the largest tracts of land in my district, and definitely, as I've stated so previously, would love to see this used for affordable housing, which is so desperately needed. Now just for the record, I would like -- Mr. Mensah: This is the wrong one, yeah. Chair Gort: For the record, let me try to do it one more time. Mr. Mensah: Yes. Chair Gort: This is number 2. It doesn't have anything to do with the item that was addressed by the gentleman before. The gentleman before was in favor of this item too, but he was speaking about other items in another issue. Commissioner Dunn: Okay, okay. All right. Chair Gort: Okay? So I have a motion and a second. Ms. Thompson: If may. Commissioner Dunn: So move. Chair Gort: Yes. Ms. Thompson: IfI may -- andl apologize. I did record Commissioner Dunn as the mover, but have not recorded a seconder. Chair Gort: Second. Vice Chair Carollo: I'll second. Ms. Thompson: Thank you. Chair Gort: Okay. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. PH.3 RESOLUTION 11-00168 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), RESCINDING RESOLUTION NO. 07-0208, ADOPTED Development APRIL 12, 2007, TO THE EXTENT THAT IT AUTHORIZED THE SALE OF CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC.; AUTHORIZING THE CONVEYANCE, WITH PARCEL REVERTER PROVISIONS, OF SAID CITY -OWNED PARCELS TO TACOLCY ECONOMIC DEVELOPMENT CORPORATION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS, IN A City of Miami Page 25 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTEREST OF THE CITY. 11-00168 Summary Form.pdf 11-00168 Public Notice.pdf 11-00168 Letter from Tacolcy Economic Dev.pdf 11-00168 Pre Resolutions.pdf 11-00168 Legislation.pdf 11-00168 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0121 Chair Gort: PH.3. George Mensah (Director, Community Development): Mr. Chair, PH.3 is a resolution rescinding resolution number 07-0208, which was adopted in April 12, 2007, to the extent that it authorized the sale of seven properties to Progressive Vision Community Development Corporation and authorizing the conveyance, with parcel reverter provisions, of the same properties to Tacolcy Economic Development Corporation for the development of affordable housing. And l just wanted to state here for the record because there has been certain insinuations going on that this is a transfer. This is not a direct transfer. This is an authorization of the City Commission to go into a purchase and sale agreement. And the Tacolcy Economic Development has two years to apply for tax credits, and if at the end of the two-year period they are unable to secure tax credits for this development, the property still remains in the hands of the City ofMiami. There is no transfer taking place. Now the transfer will take place only when they'll be able to secure all the financing, when they'll be able to secure permitting. And the closing of the property will concurrently occur with the closing of the financing. And when they close the financing, they have 12 months to start construction on the project and they have a total of 36 months to finish construction. So this is a property that is not being transferred as of this point. It's a purchase and sale agreement, and it will be transferred when the -- when they are able to secure financing. Chair Gort: Thank you. PH.3, public hearing number 3, open to the public. Grady Muhammad: Again, Mr. Chairman, I'm in favor because all the land that the City has in our community, we have to start doing some joint ventures, some partnerships because the land itself has lots of value. This is a great agreement. We met with the Model -- the Liberty City Trust. They approved this. We're in favor because of the simplistic reason. They're going to purchase the land from the City. They're going to ensure a remuneration back to the Liberty City Trust or the Liberty City Economic Development Council. So we have to partner on -- with qualified organizations, entities like this that can be able to build in our community. Unfortunately, with the (UNINTELLIGIBLE), the owner who has the experience, Brenda Williams, the capacity, the managerial capacity is being kicked out of a development where legally she's part of. Now we have Ms. Johnson, who have made statements and have made statements for the record that are bold-faced lies, has no experience to manage a complex, multifamily apartment complexes. The person who does is a part of the legal team (UNINTELLIGIBLE), Brenda Williams, who has the experience, who built these things. She is left out of the agreement, kicked to the curb, but she was the reason why the team got the deal. So let's make sure when we give a deal like this, we keep the partners who qualify and don't City ofMiami Page 26 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 PH.4 11-00210 Department of Community Development bring former staff people, Mr. Ola Aluko, onto the development team; Vincent Gray, from the Liberty City Trust onto the development team, when in real truth the person who had the skill is no longer a part of the development. And how does that --? Because the City is opening itself for legal liabilities, Mr. Chairman, Commissioners. Chair Gort: Thank you. Anyone else? We now close the public hearing. Comments? Commissioner Dunn: So move. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Dunn, second, Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $28,887, FROM THE DISTRICT 3 RESERVE ACCOUNT, IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 11-00210 Summary Form.pdf 11-00210 Public Notice.pdf 11-00210 Pre Resolution.pdf 11-00210 Detail By Entity Name.pdf 11-00210-Memo-Scrivener's Error.pdf 11-00210-Legislation-SUB. pdf 11-00210 Exhibit 1.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-11-0109 Chair Gort: PH.4. George Mensah (Director, Community Development): PH.4 is a resolution of the Miami City Commission authorizing the allocation of program year 2011-2012 Community Development grant funds in an amount of 28,887 from District 3 reserve account, and it goes to the following agencies. Curley [sic] House of Style, 5,000; Southwest Social Services, 10,000; Allapattah Community Action, 10,000; and The Liberty City Optimist Club of Florida, 3,887. Chair Gort: Okay, thank you. The public hearing is open. Grady Muhammad: Commissioner, I think this is your District 3 reserve. Chair Gort: Excuse me. City of Miami Page 27 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Mr. Muhammad: Oh, excuse me. Grady Muhammad. District 3 reserve. I'm not sure who District 3 reserve is. Chair Gort: Identifi, yourself, please. Mr. Muhammad: Sir? Chair Gort: Identifi, yourself. Mr. Muhammad: Grady Muhammad, Miami Dade First, 5800 Northwest 7th Avenue, Suite 212. District 3 public -- Thank you, Mr. Vice Chair. Congrat -- Thank you very much. Curley's House definitely is appreciative of it because they are one of the organizations that does a great work. They get peanuts as the only organization in the black community serving the elderly and the seniors. And again, I'm always sorry to say, but the census track demographics density of poverty statistics and demographics of poverty, the black community bring down 50 percent of federal revenue sharing with 40 years. We don't get 50 percent of revenue sharing. We get peanuts of this money, Mr. Manager. And we have to ensure a dis -- this disparity with 296, 000, $20, 000. My community got the drugs. My community got the crime. My community got the children with no after school program. My community got the children that are dying. Why is all the other communities -- and you all are doing a great job representing them -- why is my community getting the least amount of money for public service with the most amount of problems? That's the question -- Mr. Mensah: Mr. Chair. Mr. Muhammad: -- that got to ask, Mr. Chair, because, again, this is the 40th year of community development block grants. The City ofMiami has received $1.2 billion. Liberty City, Little Haiti, Overtown, we all growed [sic] up here. Chair Gort: Excuse me. Mr. Muhammad: HI could finish? Chair Gort: But address the item. Mr. Muhammad: This is public service. And -- Chair Gort: Go ahead. Mr. Muhammad: -- my community has the crime, the drugs, but why is my community not getting the adequate public service dollars that comes down in the name of poor, very, very low-income people like myself, Mr. Chairman? That's the only question I'm having because I'm glad every other Commissioner is being able to get adequate representation, adequate funding for social services, elderly and youth. Why not District 5? Chair Gort: Thank you. Anyone else? Aline Francois: Hello. Good morning. My name is Aline Francois. I'm from Fanm Ayisyen of Miami. I think we need a step -- take a step back to economic development. I believe that we were allocated for 50,000, and I'm grateful for that. We're very grateful for that. However, we're requesting at this time to be funded for the same level as last year, which is $100, 000, because we have already started working with some businesses and we're in limbo with that. Chair Gort: Okay, thank you. Anyone else? Close the public hearings [sic]. Comments? City ofMiami Page 28 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: I move. Chair Dunn: Second with comments, discussion. Chair Gort: Been moved by the Vice Chairman Carollo -- Commissioner Dunn: I just -- Chair Gort: -- second by Commissioner Dunn. Commissioner Dunn: Thank you. Just want to thank my colleague, Vice Chairman, for being considerate to Curley's House. They do an admirable job, andl appreciate your generosity. I really do. Thank you. Vice Chair Carollo: Thank you, Commissioner. And it didn't take long. If you remember a few weeks back, you helped out in my district, and it didn't take long for me to find fundings [sic] and be able to repay the favor. And the truth of the matter is, listen, the -- you know, at least this year my district was able to surpass previous years monies. Therefore, we had a reserve and, you know, I do think -- like I mentioned in the past, districts helping districts. You know, I really thought that, you know what, let's extend a hand and help out some of the others that, you know, may not have received as much or may be needy. And you know, I can tell you, each one of these organizations, I have researched thoroughly andl have seen that they're good organizations, organizations that really do their work, that really, you know, provide the services that are needed and, therefore, I have no problem whatsoever allocating these funds to these organizations. So the only thing I ask is that they understand that by March 31, their boards need to meet in order to accept these fundings [sic] and so forth and we can move on. And thank you. Commissioner Dunn: Thank you. Chair Gort: Thank you. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I want to thank Vice Chairman Carollo for the donation to Southwest Social Services, which has a population in my district. And what's a common theme with all of these organizations is that there's a constant need. There's never really a point where you'll see an organization come back to you and say, no, we have plenty of money. We're able to serve all of our clients or customers. Andl think it also does something interesting, which is open the door for all of us, as Commissioners, to help other agencies in other districts. Andl think it's a good practice. It -- you know, it allows us to utilize our resources and, depending on the timing of things, in a way that can benefit, you know, other resources. I was a little worried for the district Commissioner because when I first saw it, I thought, you know, does that mean that his -- all his agencies are well taken care of but I leave that to his discretion. And in any event, I -- you know, we obviously appreciate it, andl know that it will be put to good use at Southwest Social Services because it's a program that delivers elderly meals to over 300 elderly recipients. And so this will help in a variety of different ways. So, you know, it's something that I obviously am supportive of. You never give away free money -- you never don't accept free money so -- Chair Gort: Thank you. I think that it shows -- You want to say anything? Commissioner Sarnoff. Yeah, just briefly. Chair Gort: Okay. City of Miami Page 29 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Sarnoff.. Just to congratulate the Vice Chair for looking at things as a -- on a citywide basis, which I think this Commission has done. And let me use this as a vehicle. What are we doing to start preparing all of our social service agencies for the cuts that are coming from Washington? And those cuts are not going to be little. This is not going to be a 5 and 10 percent cut. These are going to be 20, 25, and 30 percent cuts, and are we all acting as best we can to prepare them not only for this fiscal year, but for next fiscal year? And next fiscal year is going to be probably another 10 to 15 on top of the 20 percent cut you're going to be seeing. Mr. Mensah: Yeah. Commissioner Sarnoff.. And l just question does everybody understand this is beyond our realm, beyond our help, but it's coming. And you know, in your hiring, in your thought process, in your outreach -- and I'm speaking to all the social service networks -- there is nobody on the horizon for you. There's nothing coming -- it is nothing coming to help you. I mean, the only government that prints money is going to start cutting back the money it prints for any political reason you wish to think, for any political party. It's simply going to start cutting back and living within its means. And l just give a forewarnance [sic] to everybody, so too will you have to start cutting back and start getting to your base essential services, not only in terms of philosophically what you do, but geographically how you approach it. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. First of all, I'd like to thank my colleagues for their kind words. I also like to assure everyone that, yes, I used fundings [sic] from my reserves after I knew for a fact that all the organizations in my district surpassed last year's amounts. So it's not like I'm taking from mine to give to others and so forth. And at the same time, you know, I've seen so many ofyou spend so much time in my district that I'm just actually just saying thank you and giving a little back to your district. With that said, you know, Commissioner Sarnoff, you brought up a point that's extremely important. I don't know how many ofyou know, but the truth of the matter is that Congress, the House of Representatives, actually went with the CR bill that wanted to cut CDBG (Community Development Block Grant) funding 62.5 percent. That has not passed the Senate. And for the 2012 budget year, I think our President has requested cuts of CDBG of 7.5. Now I'd like to say that it was a little vision on my part when many months back proposed -- andl thank all ofyou for supporting me unanimously to raise the percentage to public services from 15 to 25 percent. As a matter of fact, many of you joined me in Washington speaking to our congressmen, congresswomen, and our senators. We have been following up with that because, again, it's something that's extremely important to us, to our public services, to our young children, to our elderly. And once again, I went to Washington and got commitments this time from senators and congressmen and women. We will have on April 25, I believe is the date, a rally in Artime, in the Artime, I guess, Center. And we're going to have a rally. We're going to try to get at least a thousand seniors there, okay, to make sure -- and we have invited our congressmen, our senators, U.S. (United States) senators and so forth. And welcome all of you tojoin us because we need this rally to say, hey, listen, it's not just us talking. Look out there. You're going to affect all these people. You're going to affect all these people and we now are coming to you because this is not a local issue. This is a federal issue, and we need your help. Again, the Mayor andl have worked closely on this. We have gotten commitments from our U.S. senators, our Congressmen and women, to be able to raise the cap from 15 percent to 25 percent. Therefore, if there are any cuts, we could somehow try to remedy some of the problems by using more of the fundings [sic] from economic developments or other areas into our public services. So with that -- and by the way, Commissioner Sarnoff, I appreciate you bringing that up because you're right on the ball. It's something that we need to start asking our -- all of these organizations tojoin us in this fight, andl know they will. I know they will be there on the April 25 rally. And again, I ask all of you to continue to fight because I City of Miami Page 30 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 know previously we joined and we went up to Washington. We passed a resolution unanimously, so I appreciate the support. And once again, together, I think, as we've demonstrated over the past year and a half that I've been here, this Commission does act together. So -- and once again, we'll take up this fight together. Thank you. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. And I think -- just to kind of add to what the Vice Chairman said, you know, the attack is coming on a multitude of different fronts. It's not just at the federal level, although that one is quite scary because it can be as much as a 60 percent cut in our social services. So I think that makes the waiver even more critical at this point. But it's also at the state level with our local service providers funding, which was completely left out of the governor's budget. And we acted kind of by pocket item last Commission meeting unanimously requesting that that money be reinserted into the budget. And so we're going to have to not only continue that effort at the rally, but we should also continue efforts with Tallahassee and with other agencies. For example, Southwest Social Services, which is one of the agencies listed here, just recently was cut by the County. So this will, you know, kind of going to the Vice Chairman's point. I overfunded Southwest Social Services from last year. Southwest Social Services received more funds this year than they did last year, as the Vice Chairman was saying for some of his agencies as well, but from the City. But from other agencies, they're receiving cuts, so this money will help defray that cost. And so, you know, I know that the residents of my district are very, very thankful, and I'm sure the people at Southwest Services are also thankful. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Thank you. Yes. Commissioner Sarnoff.. I'm sorry. Chair Gort: No, that's all right. Commissioner Sarnoff.. I think this is all what would call -- andl don't want to say we talk in jargon, but to those agencies out there, even if what, you know, the Vice Chair has said, we somehow -- the offset is going to be minuscule in comparison to the reduction. And if you think about the major three funding sources is the state -- I'm sorry, federal government, CDBG, or HUD (Department of Housing and Urban Development), however you like to call it, we all know that the competition is going to be between 10 and 60 percent. Even if you assume a split, it'll be 25 or 20 percent. The County -- and not to throw fire -- not to throw more fuel or gasoline on that fire -- you know they didn't take care of their budget last year. To take care of their budget this year, they're going to start defunding agencies that we equally have funded with them. So that funding source we know is going to go down probably another 20 percent. And l just call upon all of them, the City ofMiami in and of itself on its own, is not going to be able to offset or shoulder anyone's federal, state, or County funding deficit. And this is the time. You make your plans now. This is the time you keep your reserves as best you can. And the Vice Chair's very good at this, andl hope he speaks 'cause he does it better than I do in terms of economic and accounting. This is the time you have to save and try to keep your essential services in place. And again, I say, in terms of philosophically who you want to serve and geographically who you can serve because the circle is going to get smaller. And I'll be honest, since I've been on this dais, the only government entity to really stand up to its obligation has been the City ofMiami. Commissioner Dunn: Mr. Chair. Chair Gort: Thank -- Yes, go ahead. City ofMiami Page 31 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Dunn: Thank you. Chair Gort: Mr. Chairman got to wait. Commissioner Dunn: I have to just applaud all of my colleagues for the sensitivity that we've demonstrated and, again, I guess to put it in my little laymen's terms, Commissioner Sarnoff -- and I hear you loud and hear you clear -- there's an old adage, an ounce of prevention is better than a pound of cure. Commissioner Sarnoff.. That says it -- Chair Gort: Thank you. I'll speak now. The -- first of all, Vice Mayor -- Vice Chairman, I'd like to thank you for your donation to the Allapattah Community Action Center. And her -- executive director is here, Miriam, andl know he [sic] wanted to thank you, so Miriam, will you come up now because I had closed the public hearing before. You want to come up and thank the Commissioner. Then I have to elaborate a little bit more on social services. Miriam Urra: Good morning, Commissioners. My name is Miriam Urra, and I'm here representing Allapattah Community Action. I'd like to give you thanks for your previous support, your continued support toward the needy people in our community. This is very tough times. And as the Commissioner were saying, we are expecting big cuts in social services. We are very concerned with this situation, and we'll definitely be there at the 25th of April at the Manuel Artime, you know, supporting the effort of just trying to bring the federal government to -- not to cut the CDBG fundings [sic] that serves social services agencies throughout the nation to elderly and needy people, low-income families through the United States. So I thank you very much for your care. Commissioner Carollo, thank you for your support, for supporting other communities. I really like to thank the Mayor and all the Commissioners, my Commissioner, W fredo Gort, for his support to our community. Thank you very much. And we'll be here, you know, just next to you and your efforts to try to resolve this situation. Thank you very much. Chair Gort: Thank you. I'd just like to state the -- that it's very important for social service agencies to understand that you provide a service that is much needed. And a lot of times, the service that you provide is sort of a preventing; you're saving in the long run. You're saving funds to the government, either being the state, the city, and the county. Now we have to look at this, at the economic development also. Because, let's face it, the governor is saying that he wants to do away with the social services, that the State should not be involved in social services. But by eliminating social services, not only you preventing to give aid to the most needed and if you don't provide service at this time, it's going to cost you a lot more later on. What I'm going to ask the social service agencies to do an analysis of the amount of businesses that depend on this social services. And when you apply the multiply effect of this money going to small businesses, it's an economic development. So it's not only the social service that you providing services so much needed, but at the same time, it's economic development within the City. So with that said, like the Vice Chairman says, this is arguments that we have to put together and the benefit -- and once again, we got to find out from our staff what you believe is going to be the cut so the agency, if you can tell them way before, can start making the plans. At the same time, I think this is where we can come in and if we can show the economic impact, we can go also to the private sector and get the private sector to get involved. Mr. Mensah: Mr. Chair -- Chair Gort: Okay. Mr. Mensah: -- I just wanted to put for the record just to let you know that two weeks ago we met with all the social service agencies, let them know that the coming year the budget has not been approved by HUD, and so what we are doing is that we are restricting -- the new year that's City of Miami Page 32 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 coming, we are restricting the funding that they can get. And I told them that each of them have to start doing with 50 percent of whatever has been allocated and that the rest of the funds will only be released when the budget is approved and presented to us. So I just want you to be -- have the comfort level that we are working towards that. Chair Gort: Thank you. PH.5. Priscilla A. Thompson (City Clerk): I'm sorry, sir. We need a vote. Vice Chair Carollo: We need to vote. Chair Gort: Oh, sorry. All in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.5 RESOLUTION 11-00169 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), DECLARING SURPLUS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING AT NO COST TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 480 NORTHWEST 11 STREET, MIAMI, FLORIDA, IN "AS IS" AND "WHERE IS" CONDITION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS THAT MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCE. 11-00169 Summary Form.pdf 11-00169 Notice of Public Hearing.pdf 11-00169 Pre Resolutions.pdf 11-00169 Legislation.pdf 11-00169 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Chair Gort: PH.5. Madeline Valdes (Director): Good morning. Madeline Valdes, Department of Public Facilities. PH.5 is a resolution declaring surplus property located at 480 Northwest 11 th Street, owned by the City, to be conveyed to the CRA (Community Redevelopment Agency). Julie O. Bru (City Attorney): Excuse me. I thought this was continued. I -- no? Commissioner Dunn: Yeah. We're going to -- Priscilla A. Thompson (City Clerk): No. Commissioner Dunn: -- go ahead. I was going to let her -- Ms. Thompson: No. I'm sorry. It was not continued. City of Miami Page 33 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: No, no, no. Ms. Bru: Oh, I'm sorry. Okay. Ms. Valdes: With reverter provisions. Commissioner Dunn: All right. Well, she stole -- the City Attorney stole my thunder, but that's okay. I want to move to continue this item. There are -- for the record, though, there are some issues I would like to see resolved that -- and I'm going to ask the City Manager if he would allow Madeline and the Legal Department to meet with my office so that we can hopefully resolve these outstanding issues. Tony E. Crapp, Jr. (City Manager): Definitely, Commissioner. Vice Chair Carollo: Second. Chair Gort: Okay, it's been moved by Commissioner Dunn, and second by Vice Chairman Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: And this is a continuance. Ms. Thompson: Just -- Chair Gort: Continuance. Ms. Thompson: -- for clarification, I wanted to make sure with Commissioner Dunn, if it's continued, it will come to the last meeting in April. If you want it at the first meeting in April, you'll be deferring it to that April 14 date. Commissioner Dunn: Is there a time certain issue -- timeframe issue with this? Ms. Valdes: There's no timing issue. Commissioner Dunn: We could continue it to the last meeting in April. Ms. Thompson: Okay, so that would be April 28. Thank you. Ms. Valdes: Thank you. Chair Gort: Thank you. PH.6 RESOLUTION 11-00171 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION RESTRICTING Works VEHICULAR AND PEDESTRIAN ACCESS TO THE ALLEY LOCATED IN THE AREA BOUNDED BY NORTHEAST 1ST AVENUE, NORTHEAST 1ST COURT, NORTHEAST 13TH STREET AND NORTHEAST 13TH TERRACE, MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. City of Miami Page 34 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 11-00171 Summary Form.pdf 11-00171 Notice of Public Hearing.pdf 11-00171 Restriction Vehicular Map.pdf 11-00171 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0122 Chair Gort: PH.7. Nzeribe Ihekwaba (Director, Public Works): 6. Vice Chair Carollo: 6. Chair Gort: 6. Mr. Ihekwaba: Good morning. Zerry Ihekwaba. PH.6 is a resolution authorizing and permitting the restriction of vehicular access to the public alley located in the area bounded by Northeast 1 stAvenue, Northeast 1st Court, Northeast 13th Street, and Northeast 13th Terrace. This is essentially to enable the owner of the property to construct an interim parking lot. The property owner is required to enter into a covenant to run with the land so that the City can always have the option to ask that the fencing be removed at any time. Any question? Commissioner Sarnoff.. No. Chair Gort: Thank you. Commissioner. Commissioner Sarnoff.. Motion -- move it. Chair Gort: Moved by Commissioner Sarnoff, second -- Priscilla A. Thompson (City Clerk): We -- Chair Gort: It's a public hearing. Anyone in the public would like to address this issue? Is there anyone in the public would like to address this issue? Being none, we close the public hearings [sic]. Ms. Thompson: Is it -- I'm sorry. Did I have a mover and a seconder? Chair Gort: The -- Commissioner Sarnoff.. Motion by Commissioner Sarnoff, second by Commissioner Dunn. Ms. Thompson: Thank you. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. PH.7 RESOLUTION 11-00247 City of Miami Page 35 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Honorable Mayor Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ENABLE MIRTA "MIKKI" PADRON CANTON TO ENTER INTO AN AGREEMENT WITH THE CITY OF MIAMI, FOR THE PURPOSE OF SERVING AS SENIOR PUBLIC POLICY ADVISOR TO THE MAYOR. 11-00247 Legislation.pdf 11-00247 Exhibit 1.pdf 11-00247-Submittal-Resume-Mikki Canton, Esq..pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-11-0112 Chair Gort: PH.7. Tony E. Crapp, Jr. (City Manager): Mr. Chairman, PH.7 is a waiver for Ms. Mikki Canton. The Mayor would like to add her as a senior public policy advisor. It requires a four fifths vote. Priscilla A. Thompson (City Clerk): Right. Chair Gort: You need to table it. Mr. Crapp: Yeah. [Later..] Chair Gort: Gentlemen, if you don't mind, I'd like to hear just two more. One is we need the four fifth vote, and then we have another one which I have to -- I have a conflict that I won't be able to do. Four fifth. Ms. Thompson: Your four fifth vote was your PH.7. Mr. Crapp: Mr. Chairman, PH.7 is a waiver for Ms. Mikki Canton. She's going to serve as a senior public policy advisor in the Mayor's Office at a rate of $25 per hour on a part-time basis. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Commissioner Suarez: I move it. Chair Gort: Okay, it's been move and second. It's a public hearing. Is there anyone in the public that would like to address this item? Anyone in the public would like to address? We close the public hearings [sic]. An ordinance. Ms. Thompson: Resolution. Chair Gort: Okay, all in favor, state it by saying "aye." City of Miami Page 36 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 SR.1 11-00182 The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ADJUSTING Clerk MUNICIPAL ELECTION DATES AND QUALIFYING DATES AS FOLLOW: 1) CHANGING THE TUESDAY, NOVEMBER 8, 2011, CITY OF MIAMI GENERAL MUNICIPAL ELECTION TO TUESDAY, NOVEMBER 1, 2011, TO COINCIDE WITH THE HIALEAH, HOMESTEAD, AND MIAMI BEACH MUNICIPAL ELECTIONS TO OFFSET THE COST OF A STAND ALONE ELECTION FOR THE CITY OF MIAMI; 2) CHANGING THE QUALIFYING DATES FROM SEPTEMBER 9, 2011 THROUGH SEPTEMBER 24, 2011 TO AUGUST 26, 2011 THROUGH SEPTEMBER 10, 2011 AT 6 PM, AND 3) SETTING THE RUN-OFF ELECTION AS NOVEMBER 15, 2011, SHOULD A RUN-OFF BE NECESSARY; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO THE MIAMI-DADE COUNTY MANAGER AND ELECTIONS SUPERVISOR; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00182 FR/SR Memorandum.pdf 11-00182 FR/SRLetter from Supervisior of Elections.pdf 11-00182 FR/SR Precincts and Polling Places.pdf 11-00182 FR/SR Proposed November 2011 Election.pdf 11-00182 FR/SR Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, 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 13258 Chair Gort: Okay, we go into second reading. Priscilla A. Thompson (City Clerk): SR.1, Commissioners, would be the second reading of your ordinance for the upcoming elections. You are going to go ahead and change the election date to November 1 so that we can piggyback and share the cost of the election with the big -- as we call ourselves, the Big Four. Your runoff date will remain the same. So this is your second reading ordinance. Chair Gort: Okay, read it. Commissioner Sarnoff. Move it. Commissioner Dunn: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Dunn. City of Miami Page 37 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Julie O. Bru (City Attorney): Is the public hearing closed? Chair Gort: Public hearing's open. Anyone like to speak on this item? Being none, the public hearing is closed. Ms. Bru: Okay. 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 has been adopted on second reading, 4-0. Chair Gort: Thank you. END OF ORDINANCE - SECOND READING ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 11-00107 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Facilities 53, ARTICLE II, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "STADIUM AND CONVENTION CENTERS/CITY STADIUMS/MARINE STADIUM", TO ADJUST FEES RELATED TO THE USE OF THE PARKING LOT AT MARINE STADIUM TO BE COMPARABLE WITH OTHER GOVERNMENT IMPOSED FEES FOR SIMILAR FACILITIES, MORE PARTICULARLY BY AMENDING SECTION 53-53 (B)(1)(C) OF THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00107 Summary Form.pdf 11-00107 Legislation.pdf 11-00107-Submittal-Letter-Donald Worth.pdf 11-00107 Summary Form FR/SR 03-24-11.pdf 11-00107 Legislation (Version 2) 03-24-11.pdf 11-00107 SR Legislation (Version 2) 04-14-11.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Direction by Chair Gort to the Administration to conduct a comprehensive evaluation of the City ofMiami's permitting structure for various events. Direction by Commissioner Sarnoff to the Administration to provide a historical summary of the fees assessed for the issuance of permits for major events held within the City ofMiami. Direction by Commissioner Sarnoff to the City Attorney to determine if the City ofMiami can charge a 250 per day/per linear square foot fee for special events involving County rights -of -way. City ofMiami Page 38 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: First reading. Madeline Valdes (Director): Good morning. Madeline Valdes, Department of Public Facilities. FR.1 is first reading of an ordinance amending Chapter 53, Article II, Division 2 of the Code, entitled "Stadium and Convention Centers/City Stadiums/Marine Stadium, " to adjust the fees related to the use of the parking lot at Marine Stadium to be comparable with other government imposed fees. This ordinance provides for various stages of fees. We are recommending that for video shoots, we charge a $750 flat rate per day. We're also recommending that for other uses, i.e., the triathlons, marathons, and those other uses that require the entire site, that we charge $2, 500 per day for the fee for up to five days. Anything requiring the use of the facility for over five days, we're recommending that we establish a fair market value for that use. That would probably apply to construction companies and people who would need it for loading and unloading of debris and stuff like that, which they can afford the higher fee. That's our recommendation. Chair Gort: Okay. Public hearing opened. Cristian Anderson: Good morning. Cristian Anderson, 2051 Northwest 112 Avenue, Miami, Florida. And I'm here in behalf of Paramount Productions, in reference to the fee adjustment for the Marine Stadium parking lot. We have produced multiple events for the past four years where the fee was actually much less. We are 100 percent behind this fee adjustment to 2,500 per day for specifically for what we do, which is sporting events, triathlons. However, we would like to respectfully request a lower fee for setup days due to the fact that we use approximately half of the total area that we would actually end up using for race day. Again, one more time, we respectfully request for that fee to be $1, 000 for setup days, which will most likely be approximately two to three days prior to the event. We really like to stay away from what other companies have done in the past, which is relocate or actually cancel events in the Marine Stadium due to such high fee. It's our understanding that there is about seven to nine different events that already either cancel or relocated, such as Swim Miami, Two Miami Nights, She Rocks, among others. So, again, to summarize it, we would like to reemphasize that a 2, 500 fee for event day is our request, in addition to a $1, 000 setup fee per day. Thank you so much. Chair Gort: Thank you. Wilber Anderson: I'd like to add something. And of course, I'd like to thank Madeline Valdes trying to reduct -- for the reduction. But honestly, I see this as not like a reduction because we used to pay last year $1, 000 per day. So even if we're going to be paying $2, 500 per day with the new fee, the reductions is going to be 100 percent increase in the fee. Priscilla A. Thompson (City Clerk): Excuse me, Chair. We need a name for the record. W. Anderson: Sorry. Wilber Anderson. I represent Paramount Productions, 2051 Northwest 112 Avenue, Miami, Florida 33172. Ms. Thompson: Thank you. W. Anderson: We are putting our effort to bring healthy lifestyles. We are -- we been working the last four or five years very close to Mr. Marc Sarnoff that I have to thank him for all the support in all these five years. He know our commitment. And part of why I bring this to you is because Mr. Marc Sarnoff has been, you know, helping us big-time on this and he's aware of what's going on here. So I kindly please request to consider $1, 000 for those fees, the setup and takedown, those days, please. Chair Gort: Now my understanding is that you -- when you met with me, they were charging you -- Public Works was going to charge you per mile "X" amount. City of Miami Page 39 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Mr. W. Anderson: Yes. That's another -- Chair Gort: My understanding, that's not the truth. Mr. W. Anderson: Well, that's another point that we have to confirm because we -- last week we have a -- last weekend we had an event, Miami International Triathlon. We have been charged $1, 700, but we received a call the day after saying that they going to refund those 25 cents. We have to find out why they want to do the refund. If you want to add something. C. Anderson: Sure. The -- there are two different subjects; one, the fee related to the usage of the parking lot, Marine Stadium, and the other one, which is 25 cents per linear foot, which, again, this code has been already there. It's not a new code or a new fee. However, the Miami International Triathlon, which took place for the fourth year this past Sunday, was the very first time that this fee was implemented. We received a bill from Public Works, Fabiola, for the total amount, which was $1, 700 and change, which we went ahead and paid because we weren't going to cancel the event because of that. However, we did receive a call after asking for information to reimburse the money. So at this point we haven't received it, and we don't know if that's going to be enforced or not. But again, they're two different subjects. Commissioner Sarnoff. Mr. Chair. Chair Gort: Okay, thank you. Yes. Commissioner Sarnoff. Just dealing -- I think the easy issue, which is the issue that's not here today -- so let's sort of get that off the table -- C. Anderson: Correct. Commissioner Sarnoff. -- is apparently the City ofMiami now charges a linear square foot fee for the use of roads. Andl think Frankie Ruiz from ING (International Netherlands Group) Marathon is equally here and can provide what we did. The question we have to ask ourselves as Commissioners is very simple. When we're not using our roads, why are we allowed to charge a fee? I mean, shouldn't the linear square footage be placed upon the roads that -- the theory being that the shoes wear out the roads, okay, and that's the theoretical basis. But why should we be allowed to charge a linear square foot charge on roads that are not ours if the money is kept in our general fund? And if it goes to the County, I might be wrong on that. Nzeribe Ihekwaba (Director): Zerry Ihekwaba, Public Works. The policy, which every applicant of permits knows, is that for special events the City Code is very explicit. Where the City has jurisdiction for permits, we have to charge money for that. And for ING, which Frankie - I forgot his last name -- knows very well, he was charged for the usage of City streets and County right-of-ways [sic] because we have permit jurisdictions over those too. However, we did not charge ING Marathon for state roads. So I'm not too sure where the other gentleman is coming from. Perhaps, that could have been a misunderstanding in terms of were you intending to utilize the public right-of-way or a private parking lot. Commissioner Sarnoff. Well, let me ask the question, Zerry -- Is that all right, Mr. Chair? Chair Gort: Yes, go ahead. Yes. Commissioner Sarnoff. The theoretical .25 percent [sic] per day liner foot for a special event is theoretically to go for the repair of the road? Mr. Ihekwaba: It goes -- City ofMiami Page 40 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Sarnoff. Well, what's the use? What is the intended purpose behind the fee? Mr. Ihekwaba: The code simply says for burdening the City services. Commissioner Sarnoff. Okay. But correct me if I'm wrong -- and if I'm wrong, just please correct me -- they have to pay a separate fee for garbage pickup, correct? Mr. Ihekwaba: I can't speak on that. I'm not from Solid Waste. Commissioner Sarnoff. I believe -- Am I right on that? Unidentified Speaker: Yes. Commissioner Sarnoff. Yeah. So garbage and sanitation is -- with a separate City agency. Chair Gort: Yeah. Commissioner Sarnoff. Now I'm stretching 'cause now I'm trying to figure out what else this 25 percent could do -- 25 cents could do. Mr. Ihekwaba: Can I comment? Commissioner Sarnoff. Yeah. Mr. Ihekwaba: It is not 25 percent. It's simply -- Commissioner Sarnoff. Twenty five cents -- Mr. Ihekwaba: -- 25 cents -- Commissioner Sarnoff. -- per linear foot. Mr. Ihekwaba: -- per linear per day. Commissioner Sarnoff. Right. My -- and maybe that bears my question because police -- for them to have MOT, which is, you know, Method of Operation of Traffic, they pay a fee to the police. For them to have a fire officer out there in case somebody gets hurt, they pay a fire fee. For them to have a sanitation, they ordinarily hire the City sanitation, although I think they have another option, but so far everybody's pretty much done that. And now my question is -- all right, theoretically on a City street, theoretically, their runners are heavy runners 'cause I've noticed they're all overweight and they just love to use the City streets and they're gouging them somehow, so somehow we have to keep a certain amount of money to re -asphalt our City streets. My question though is, when it comes to a County street, do we then pay that fee to the County -- Mr. Ihekwaba: No. Commissioner Sarnoff. -- for their streets? Mr. Ihekwaba: No. Commissioner Sarnoff. So why would we be allowed to charge that fee? Mr. Ihekwaba: It's something that we may have to look into the legality issues involved, which could go in terms of extrapolating the arguments why is the City permitting projects along City of Miami Page 41 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 County right-of-way, which is in the City Code. Commissioner Sarnoff. But this -- by the way, I'm not picking on you, Mr. Public Works Director. This is the same question I had, which is, I think, a form of double taxation. Why do we have to get --? Why does Commissioner Suarez have to, at his law firm, have a BTR (Business Tax Receipt) from the City and a BTR from the County, when I can tell you that he gets no services from the County? Commissioner Suarez: Mr. Chairman, ifI may? Mr. Chairman? Chair Gort: Yes, I'm sorry. Go ahead, yes. Commissioner Suarez: I have a question. Chair Gort: I was just thinking about BTRs that I have to pay. Commissioner Suarez: I know, I know. We're still -- I know. You got us off on a BTR -- Chair Gort: And DERM (Department of Environmental Resources Management) and the whole works. Commissioner Suarez: -- tangent. I have a question, andl'm not sure if it was asked before I came back to the dais. But my question is what has been the past practice? Has this always been the past practice? My understanding is that this has not been the past practice. Mr. Ihekwaba: No. This -- Can I comment? Chair Gort: Yeah. Commissioner Suarez: Of course. Mr. Ihekwaba: Zerry, again. Chair Gort: Yes, go ahead. Commissioner Suarez: Yeah. Mr. Ihekwaba: This has been the practice in the City. It has been in the City Code for as long as the Code has been there. This is what was told has been practiced and is (UNINTET,TIGIBT,F) the Code the way it is. Commissioner Sarnoff. Zerry, I'm not sure -- andl'm going to interrupt you and ask the Chair's indulgence. Mr. Ruiz has put on the IMG [sic] Marathon ten years -- five -- ten years, okay. Were you charged this .25 cents per day linear fee in '08, '09? Frankie Ruiz: No, I was not. Chair Gort: I'm sorry. State your name and address. Mr. Ruiz: Frankie Ruiz, 5500 Southwest 147th Place. No, I was not, Commissioner. Commissioner Sarnoff. And let me ask you then -- go back ten years. Up until this past year, were you charged that .25 percent [sic] per day linear foot fee? Mr. Ruiz: No. No, I was not. City of Miami Page 42 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Sarnoff.. Okay. So I don't know what your answer is on past practices. Is it in the Code or is it in --? Chair Gort: I believe what happens is it's in the Code and it was not implemented before. Commissioner Sarnoff.. Right. Chair Gort: That's like a lot of things that we have here in the City. We have a lot of codes and they're not being implemented, andl think that we have new people coming in and they're looking at the Code and they want to -- I -- if you excuse me, take the floor away from you for a minute. That's one of the things I would like to address. I think it should be specific charge for non -for -profit agencies because that money is going back to provide services within the community and within the City compared to a private sector. That's something we need to look at. We need to look at the structure, 'cause I know a lot of people are not -- taking their events away from the City because of the charges and the problem they have with a lot of the permits that they have to pull and so on. Somehow I think, Mr. Manager, you got to put the task force together and try to put together a comprehensive way of permitting for events. Mr. Ruiz: And -- Chair Gort: Excuse me. Yes, sir. Tony E. Crapp, Jr. (City Manager): No. Mr. Chairman, we will definitely do that. And also, as it pertains to this particular fee, if you would allow us an opportunity to go back, review, get with the Law Department, we'll come back with a comprehensive response in terms of what's going on and actually some solutions that we can present going forward also. Chair Gort: Yeah, because the problem is you have individuals that have been using the facilities. They may have been charged on something and they get charged and they probably like to know why. Mr. Crapp: That is the case. Chair Gort: And if we are going to charge, then we got to let them know ahead of time. Mr. Crapp: Definitely. Chair Gort: Thank you. Mr. Crapp: And we do have some events that that has occurred, so we will get back to you with the information. Chair Gort: I'm sorry, Commissioner Sarnoff. Commissioner Sarnoff.. No. And just so -- Can we get a historical background as to what we did? Just a broad -- forensically (UNINTELLIGIBLE) -- I'm not saying for everyone -- Mr. Crapp: Right. Commissioner Sarnoff.. -- you know. IMG [sic], we've not done it. So-and-so, we've either done it, not done it. Take the major events; let's see what we've done. Then from Law, I have to ask them -- and think the Chair asked this, but want to phrase it correctly. Can we charge a .25 per day per linear foot special event fee when they are charged separately for fire, when they are charged separately for police, when they are charged separately for sanitation on County City of Miami Page 43 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 right-of-ways [sic4? Commissioner Suarez: Mr. Chairman -- I mean, Commissioner, can I -- Chair Gort: Yes. Commissioner Suarez: -- interject real quick? Commissioner Sarnoff. Want to refine that? Commissioner Suarez: Yeah, I know. Andl would add to that that, you know, there's a -- obviously, there's a financial component to all this, which is did we somehow change our budgeting, you know, and if so, was that ever brought to us to say, look, we're going to now change our policy? Even though the ordinance may say what it says -- and certainly we have to follow our ordinances and that's understandable -- but if from a public policy perspective -- we can change our ordinance. Mr. Ihekwaba: Oh, yeah. Commissioner Suarez: So the question for us is if we change our ordinance, would that create a financial problem for us? And if we've been budgeting it under the old system the way that it's been done ever since -- for the last decade, you know, and if that's how we're budgeting, then we're expecting money to come in like last year and the year before and the year before that and not under this new -- I don't want to say -- 'cause the ordinance hasn't changed, but this new practice. Mr. Crapp: Right. Commissioner Suarez: So, you know, my question is, you know, did we somehow budget differently for this, and if so, why weren't we told that we were going to change this practice from --? Even though I understand what the Public Works director is saying, it's in adherence to the Code, which -- you know, but we can change the code, I mean, if we have to. Mr. Crapp: When we do the historical analysis, we'll include the budgetary aspect also. It's like the Chairman said, you know, there are some events that I've been experienced with personally; we haven't charged particular fees in the past. They're on the books, but we have new directors who come in who've identified those things and now they're charging. So we will get a comprehensive response to you on all of those issues. Commissioner Suarez: And ifI may, I just want to say that from our perspective, certainly we want the people who are doing events in the City ofMiami to pay for their portion of what is the cost and the impact of those events. But at the same time, we don't want to lose those events -- Mr. Crapp: Right. Commissioner Suarez: -- because we are charging an amount that is so much that is -- 'cause we lose the economic benefit to the City. You know, we lose the revenue to the City because if the event doesn't happen, we lose the revenue to begin with. Mr. Crapp: Right. Commissioner Suarez: So it's -- you know, we need to do an analysis of that to make an intelligent decision. Mr. Crapp: No. We understand, Commissioner. City ofMiami Page 44 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. Let's move now to what this was about. And this is about -- let's talk about the $2, 500 per day fee. Now, Madeline, I heard you say that you wanted to bring this up to a gradiation or a level that is consistent with the other City -- with other venues. Yet, I've been made aware mostly through the Miami Children's Museum that they're being given a $1, 000 per day setup and teardown fee structure and $2, 000 per day event fee. And Watson Island to me is an apples to apples approach as -- with regard to the Marine Stadium. Because when I ask you to look at -- and he's not here, but the Vice Chair's the chairman of Bayfront Park. They do a 20 -- I think a 2 or $2, 500 per day fee and a thousand dollar teardown and you gave me some plausible explanations for that, which is, you know, they have -- you have an inability to monitor what's going on as to whether they are in fact doing the business of what they'd be doing on the $2, 500 per day fee. But if you look at an apples to apples approach, it seems to me that Watson Island and Marine Stadium are really the same apple, no facilities, got to bring port -a potties. It's pretty much raw land, pretty much very, very raw land, and yet, you're creating a different fee structure on Watson Island than you necessarily are at Marine Stadium and l'm just curious why. Ms. Valdes: We have a greater demand in Marine Stadium than we have in Watson Island, to be honest with you. And you can amend this ordinance to include whatever your wishes are with respect to setup and dismantling fees. The only thing we ask is that maybe you limit the amount of days that they use for setup and dismantling because that does cut in to other events. Chair Gort: Okay. Mariano Cruz: Okay to speak? Chair Gort: Thank you. You guys made your presentations. Thank you. Mr. Cruz: Okay. Chair Gort: Appreciate it. Yes. Mr. Cruz: Now a City resident coming. Okay, all these people that come from way out there. I know the zip codes way out there. Mariano Cruz, 1227 Northwest 26 Street. I give you a rest for four month. Today I came because I have to come here. But I am for all the ordinance, anything that's creating looking for revenue for the City because many financial mistakes have been done here previous Commissions and previous Commissioners or previous -- because they bend over to give money to the County and to other people, whatever it is, because everything boils down to money. What matter here is the cash. Don't worry about anything else. Listen, like now you go to the Marine Stadium and to Virginia Key and look at how many hundreds of cars are being parked there for the Sony Ericsson. I mentioned that two years ago. Who is benefiting from that money of the Sony Ericsson? Hundreds of thousands of dollars for parking that were going to the County because they say they make a deal with the County before. And you know the deals with the County. Look at (UNINTELLIGIBLE) with the County. The Marlins stadium, all that, remember. Even the concrete they using there is from Cimex. They don't even use -- they don't even buy the concrete from (UNINTELLIGIBLE) or from people here 'cause I see the trucks, Cimex, Mexican cemento, okay. That's what it is. We exporting our tax dollars, and don't tell me tourism because I go to the beach and pay 9 percent whenever I go there to a restaurant over there, 9 percent, the 7 percent sale tax and the tourist bed tax. So it's not just tourists; people from here that go to the beach. Don't tell me -- even if you go to -- what you call it -- whatever you go there, Pollo Tropical or whatever, they charge you 9 percent, okay. So, please, any ordinance that is to make money for the City, to try to correct all those -- plug all those holes City of Miami Page 45 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 financial that we -- I don't like to see -- come here in September and see the same thing that happened last September. I don't want to see that, okay. Chair Gort: You won't. Thank you. Mr. Cruz: Okay. And remember, I live in District 1, two blocks from your house. Chair Gort: Yes. Thank you. Yes, I know, I know. And once you learn the computer, I can tell you guys going to be getting a lot of -- Mr. Cruz: No, no, no. Chair Gort: -- e-mails (electronic) everyday. No phone calls. You're -- Mr. Cruz: Wait 'till come here. Chair Gort: -- going to be getting e-mails. Mr. Cruz: Oh, wait 'till come here with QuickBook [sic] to see all the finance and thing. PowerPoint -- remember -- Chair Gort: Thank you. Mr. Cruz: -- anybody can be -- Chair Gort: Mariano. Mr. Cruz: -- a Microsoft specialist. Chair Gort: Thank you. We got to still -- we have the four fifth. We -- well, we need to finish this item here. Commissioner Sarnoff. Mr. Chair. Chair Gort: What is the wish --? Yes. It's your district. Commissioner Sarnoff. You know, here's -- When I got here, the first thingl wanted to do was make a productive use of Marine Stadium and the whole area there. And it seemed like the most logical thing was the use of the triathlons. And the triathlons have done just fabulous work in Miami. That includes IMG [sic]. They've expanded each year. They grow. And the question just becomes, at what point do our fees make them consider a different venue? Now I'd like to charge them $10, 000 an hour, but don't thinkFrankie's going to pay that. And I'd like to charge Wilbur, you know, $100, 000 a day and solve our budget, but you know what, the market will dictate he'll leave. And it is a market. And as much as we like to think we are the only purveyor of the market, we're not. We're in competition with Bayfront Trust. We're in competition with the County. We're in competition with any other set of circumstances that has a land mass for that use. As a result of our changes, I'm told -- and hope this is accurate -- the following events are leaving. Triology [sic] by Multirace, Huntington's Disease Sprint and Olympic Distance Triathlon, Swim Miami Nike. I've done that two years in a row, and I'd like to challenge Commissioner Suarez in that one. Miami Nice by Excel Event Productions. She Rocks by Excel Event Productions. You know, I don't know if this is accurate or truthful and don't know that the change is necessarily going to keep them here, but I think we have a decision to make and that is you want to push the envelope as far as you can, but you don't want to exclude what you put in the envelope. And here's what I'm going to propose. I'm -- and I think -- and Madeline, I'd like to hear if you're okay with this. I'd like to propose a $2, 500 per day use fee, a City of Miami Page 46 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 $1, 000 per day load in, load out. Any day above that goes back to your $2,500. So you have every motivation in the world to them to set up quickly and get out quickly, and if they can do that, great. I know it's a little different than you anticipate, but I think it keeps you extremely competitive with Bayfront. I think it keeps you competitive with Watson Island, andl think it satisfies them to some degree. If they run a fine operation, you load in one day, you load out -- you have the day of the race and you load out the next day, and it keeps people motivated -- maybe it even keeps more people hired because they have to hire more people to -- Chair Gort: To do it faster. Commissioner Sarnoff. -- literally get it in and out quickly. So maybe it even keeps some people employed. That would be my motion, Mr. Chair. Ms. Thompson: Excuse me, Chair. Chair Gort: Okay. Ms. Thompson: Before you go any further, have you closed your public hearing yet? Chair Gort: Public hearing is closed. Ms. Thompson: Thank you. Chair Gort: There's a motion from Commissioner Sarnoff. Is there a second? Commissioner Suarez: Second. Chair Gort: Second from Commissioner Dunn. Now let me tell you, the one thing we also have to look at that a lot of people don't realize, the economic impact within the City when these events take place (UNINTELLIGIBLE) utilizing the restaurants, the facilities that the City has. Okay, any --? This is an ordinance. Commissioner Sarnoff. I think he wanted -- did you want to hear what Madeline --? Commissioner Suarez: No. I think you had mentioned that you wanted to hear what -- Commissioner Sarnoff. What Madeline -- Commissioner Suarez: -- she thought of it. Commissioner Sarnoff. -- you okay with that? Ms. Valdes: Commissioner, I have no problem with the changes you're making. This is on first reading. We'll be happy to make those changes. Ms. Thompson: Yes. Julie O. Bru (City Attorney): Okay. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call on your first reading modified ordinance. A roll call was taken, the result of which is stated above. City of Miami Page 47 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 RE.1 11-00108 Ms. Thompson: The ordinance has been adopt -- I'm sorry, passed on first reading, as modified, 4-0. Ms. Valdes: Thank you. Chair Gort: Thank you. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT THE Commissioner Marc PERMANENT VEHICULAR ACCESS RESTRICTION BARRICADES LOCATED David Sarnoff AT NORTHEAST 72ND TERRACE, NORTHEAST 73RD STREET, NORTHEAST 74TH STREET, NORTHEAST 75TH STREET AND NORTHEAST 77TH STREET AT THE EASTERLY SIDE OF THEIR INTERSECTION WITH NORTHEAST6TH COURT, MIAMI, FLORIDA, BE ADDITIONALLY DESIGNATED TO PROHIBIT EMERGENCY VEHICLE ACCESS THROUGH SAID BARRICADES, IN ACCORDANCE WITH ALL APPLICABLE LAWS; SUBJECT TO THE APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR AND TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 11-00108-Legislation. pdf 11-00108 Pre Resolution 03-24-11.pdf 11-00108 Access Restrictions Map 03-24-11.pdf 11-00108 Letter from Miami Dade 03-24-11.pdf 11-00108 Pedestrian Facilities 03-24-11.pdf 11-00108 Belle Meade Closure 03-24-11.pdf 11-00108 Fence Petition 03-24-11.pdf 11-00108 Legislation (Version 2) 03-24-11.pdf Motion by Commissioner Sarnoff, 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-11-0131 Chair Gort: RE.1. Nzeribe Ihekwaba (Director): RE.1 -- Zerry Ihekwaba, Public Works. Commissioner Sarnoff. Could we do it at the end? Chair Gort: Okay, wait a minute. Let's -- this is Belle Meade. You want to do it at the end? Commissioner Sarnoff. Yeah. Could we do this at the end? Is that all right? Mr. Ihekwaba: Sure. Chair Gort: Okay. City of Miami Page 48 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Sarnoff. Okay. [Later..] Chair Gort: You need five? Tony E. Crapp, Jr. (City Manager): Oh, no, no, no. I'm sorry, Mr. Chair. RE.1. We skipped RE.1. Commissioner Sarnoff. That's right. Priscilla A. Thompson (City Clerk): But he wanted it at the end. Chair Gort: RE.1. Commissioner Sarnoff. RE.1 was the Belle Meade issue. Chair Gort: Oh, yeah, the Belle Meade issue. Mr. Crapp: Right. Commissioner Sarnoff. I don't mind taking that now. Chair Gort: Okay. Vice Chair Carollo: You (UNINTELLIGIBLE). Chair Gort: RE.1. Commissioner Sarnoff. All right. I'll take it. Vice Chair Carollo: Whatever you want. Mr. Crapp: Okay. Commissioner Sarnoff. Go ahead. Mr. Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works. RE.1 is a resolution of the Miami City Commission directing that emergency vehicle access be further prohibited through the existing access restrictions with barricades that are located at Northeast 72nd Terrace, Northeast 73rd Street, Northeast 74th Street, Northeast 75th Street, and Northeast 77 Street, all at the easterly side of intersection with Northeast 6th Street -- 6th Court. This resolution has been submitted to the Miami Police Department, Miami Solid Waste Department, as well as the Fire -Rescue, and they've all provided their comments of no objection. Just for the record, Miami Fire -Rescue is requesting that in addition to these restrictions, the southerly boundary at Northeast 72nd Terrace be maintained for emergency access for their vehicles because if the main entrance is blocked, they should be able to have an alternative entrance into that neighborhood, and Public Works has no objection to that. That could be accommodated through the design of the fence by providing a gate. Now for the record as well, the Miami -Dade County Public Works Department initially raised objection to the proposal that was proffered by the homeowner association. The homeowner association wanted the entire right-of-way to be barricaded and closed off which was objected to by Miami -Dade County. What this resolution does now is to provide -- continue to provide access at all the existing sidewalks by leaving them open for pedestrian use, as well as the fact that the existing shrubbery and landscape will be maintained in addition to the metal picket fence. Those are the main issues. The homeowner City of Miami Page 49 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 association did have a meeting, and they voted in support of this motion, as Public Works has already amended. The original motion, like I explained, was for them to barricade the entire street, but it has been reformatted and rephrased to ensure compliance with the existing law. And this resolution is subject to further approval by Miami -Dade County Public Works Department. The funding is going to be sourced from District 2 quality of life, subject to availability of funding, upon the approval by Miami -Dade County Public Works. Any questions? Chair Gort: Okay. Commissioner Sarnoff. Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Sarnoff. This comes about -- for those of you that don't know, there was a small crime issue in Belle Meade, which I think consolidated everybody. And they wanted to go from what we would characterize as a restricted access -way community to a pretty closed community, with the exception; I think they wanted, of one entranceway, which is the actual entranceway now. What the person who is promoting this had said was that your department, through Lynn Helmer's, had described to him a process upon which he could go about doing this. I went to the meeting and a question came up as to whether this could be legally done and what the procedure would be. And some people voiced concerns about ADA (Americans with Disabilities Act) ability. Andl said well, you know what. Let me get a City Attorney opinion; find out how this can and should be done. I asked the City Attorney for her opinion. She gave us an opinion which allowed us to do it subject to approval from Miami -Dade Public Works. I then contacted Commissioner Edmonson, who's the Commissioner up there, to let her know and ask her how she wished to proceed. She asked me to send the City Attorney opinion and also to send that to Esther Calas, who is the director of Public Works, I believe, for the Miami -Dade County. Now what this resulted in was a number of I guess, news stories that demonstrated that the County does not allow complete closure. The closures they do allow are restricted vehicle access. But what they don't want to allow closures for is of the right-of-way for sidewalks, euphemistically sidewalks, colloquially sidewalks. And I've spoken with Commissioner Edmonson and she thinks that she can get it to the level where there could be a gate that would be unlocked for present -- of sidewalk access. Now that may be congruent and it may not be congruent with what the homeowners want; it's what l believe the furthest you could push the envelope to what Public Works will allow for at the County, and the County being the governing agency to the City of Miami. It's pretty much my intentions to ask you to pass this, subject to the approval from the County. I have no intentions of moving this forward without showing it to the homeowners organization that may say, you know what; we have no interest. But what I want to do is demonstrate to them that we went as far as we could go to satisfy their wishes, to satisfy their wants, and if they can somehow either change either the state law or the County law or the County's position on this, I would move forward with the project; make it be with gates unlocked left that way so it visibly appears to be a barrier to the bad guys or we may just simply drop this. But what I don't want to demonstrate to the neighborhood is I want to show that the City of Miami does listen, the City ofMiami is proactive, and the City ofMiami will do as much as it can do to facilitate what our communities want and their desires are. So I would ask you to join me in moving this forward, subject to of course Public Works ofMiami-Dade County and subject to me bringing it to the community. The drafting of what this plan is going to look like, Ms. Bravo has assured me, is very simple, is very plain, and can be handled in-house without a problem. Chair Gort: Okay. Motion by Commissioner Sarnoff second by Commissioner -- Vice Chair Carollo: Second. Chair Gort: -- Dunn. Oh, Vice Chairman Carollo. Okay. Any further discussion? Being none, all in favor, state it by saying aye." City ofMiami Page 50 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 RE.2 11-00187 Office of Grants Administration The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $1,000,000, FOR THE SEYBOLD CANAL DREDGING PROJECT; AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000,000 TO BE PROVIDED BY FUNDS AVAILABLE FROM CAPITAL IMPROVEMENT PROJECT NUMBER B-50643; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00187 Summary Form.pdf 11-00187 Legislation.pdf 11-00187 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, 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-11-0123 Chair Gort: Oh, this is all District 2. Commissioner Sarnoff. It's all District 2. Chair Gort: RE. 2. Lillian Blondet (Interim Director): Good afternoon. Lillian Blondet, Office of Grant Administration. Again, this next three items are related to grants that we're applying for funds for -- with the Florida Inland Navigation District waterways. RE.2 is a resolution requesting the City Manager to submit an application for grant funding for the Florida Inland Navigation District waterways assistance program, in an amount not to exceed a million dollars for the Seybold Canal dredging project, and authorizing the allocation of the required matching funds, in an amount not to exceed a million dollars, to be provided by funds available for capital improvement project number B-50643; further authorizing the City Manager to execute any and all necessary documents in a form acceptable to the City Attorney for the submission of said grant application, the execution of the grant or deed agreements, and the acceptance and appropriation of matching funds in the event of the award of the grant for fiscal year 2011-12. There's no impact to the general fund, the matching funds. Commissioner Sarnoff. So move. Commissioner Dunn: Second. City of Miami Page 51 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: It's been move and second. Discussion. Moved by Commissioner Sarnoff, second by Commissioner Dunn. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Thank you. I'd like to start by saying that I was the person that requested that the Wagner Creek/Seybold Canal dredging and so forth be placed for funding from Tallahassee and different venues. Andl see this andl don't necessarily disagree with this FIND (Florida Inland Navigation District) grant and what it's going for. What -- the issue I have is that we are starting the dredging with the Seybold Canal that is owned by the State. I think we should start the dredging in the Wagner Creek part, if possible, at the other end because that is City owned. So I don't see why if we only have limited funding we're actually dredging the part that we do not own instead of the part that we own. Ms. Blondet: Okay. Robert Weinreb (Project Manager): Good afternoon. Bob Weinreb, City Manager's office. Our FIND, Commissioner, is only allowed to fund areas of the Seybold Canal that are navigable, and that is the beginning of that area of the Miami River. So this funding can only be used for that area. The reason the FIND, Commissioner, asked us to move this forward was as seed money to try to raise the other 15 or $18 million for the project. So this was to hopefully start the funding for the entire project. And you're right, that area has to be dredged last, and FIND is willing to wait until the other areas are dredged properly before that area gets done. Vice Chair Carollo: So you're saying the Seybold Canal has to be dredged prior to the Wagner Creek? Mr. Weinreb: The area farthest from the Miami River has to be dredged first and then moved down towards the river, so you start upstream and work downstream. But FIND is not allowed to fund that part of the project because it's not navigable according to their rules. Vice Chair Carollo: Is there any way of speaking with the State and letting them know that we're using these monies to dredge the part that they own and maybe they can reimburse us that amount of money and -- so we can begin through Wagner Creek or continue into Wagner Creek? Mr. Weinreb: We can try. Vice Chair Carollo: Do you think our legislative -- what's -- intergovernmental legislative assistant could help with that? Tony E. Crapp, Jr. (City Manager): He'll help with that, Commissioner. Chair Gort: Question. My understanding is we are the one that applied for the grant. And in order to apply for the grant, we have to present a project. So I think what I'm hearing the Commissioner saying is maybe let's try to go for the whole thing. Let them know we're willing to match "X" amount, but we need the "X" amount also to do the whole area. Can that -- and this is a question to the grant writer. Ms. Blondet: Well, they require that we show that we have the match. So the total project I understand is about $20 million. So to apply for the whole dredging, we're dredging the river and all the canals, we would need about 20 million, which would require a match of 10. Vice Chair Carollo: This is something that I've worked with the executive director of the Miami City of Miami Page 52 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 River Commission. I worked with also Mr. Menendez. Maybe Mr. Menendez could come up and give us a little bit of a history of what we're trying to do and the different funding sources and so forth. Kirk Menendez (Intergovernmental Affairs Liaison): Good afternoon. Kirk Menendez, City -- Office of the City Manager. With regards to the cleanup, we're going to different areas of funding because not one funding source is sufficient to fund this massive project. The funding sources include the Department of Environmental Protection for the State of Florida, FIND, the South Florida Water Management District. We've already made requests to those three agencies and departments for funding. The other funding source is the federal government. This project needs WRDA (Water Resources Development Act) authorization. The last time the federal government gave WRDA authorization was 2007. It is anticipated that this year, once Congress deals with its continuing resolutions, it will be addressed. We anticipate going to Washington perhaps in May to advocate on behalf of getting federal funding. We're in contact -- and we've provided significant amounts of documentation and studies to the Department of Environmental Protection. We're in contact with them. They've had significant turnover administratively because of the new governor. Regardless, one of our main contacts is going to be placed in a high position within DEP (Department of Environmental Protection), so we anticipate also traveling to Tallahassee perhaps in the next few weeks to meet with DEP. So our funding source is, -- at least what's available to us, multiple, but we've already begun the process of reaching out to these different potential funding sources for this important project. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Mr. Menendez, I have another question, ifI may. Mr. Menendez: Yes. Vice Chair Carollo: You're saying that in May you're planning on going to Washington to speak about this item? Mr. Menendez: We had a conference call today with regards to different federal projects, in particular Wagner Creek, and the reason why May possibly the month is because Congress is right now, I'd say, focused on trying to get the continuing resolutions because they're still dealing with FY (Fiscal Year) '11. And we wish we could move the ball further down the field but at the current situation in Washington, we have to wait for them to sort of clear the path so that we can then proceed. So the reason we are looking at May is because we anticipate in April that's when the current CR (Continuing Resolution) expires. They will either do a long-term CR or another short-term, but in April is when there should be a window of opportunity, so we anticipate immediately after be able to follow up on that federal issue. Vice Chair Carollo: And I'm sorry have to ask you on the dais 'cause the updates are far and few in between, so that's why I just have to ask you on the dais. Andl know that, in all fairness, you said that you spoke with them today, so obviously I don't expect an update in that same 24 hours. But you know that I've been actively pursuing the funding for the Wagner Creek and Seybold Canal, and l just -- although I agree with the FIND grants and so forth, I'm just seeing we're starting dredging an area that we don't own. So, you know, I just want to make sure that we're prudent with our funding and our matching grants. Mr. Menendez: What I'll do is as we follow up with the State, I'll bring up that issue, the concern. It's a logical concern, so we'll bring it up as part of our discussions to see what kind of progress or feedback we get on that particular issue. City of Miami Page 53 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: Could you please CC (Carbon Copy) me on it so I could -- Mr. Menendez: I will. Vice Chair Carollo: -- you know, follow and have an update? Mr. Menendez: Absolutely. Vice Chair Carollo: Another question -- and this is on a side note. Do we receive weekly updates from our lobbyists? Mr. Menendez: We receive from -- with regards to the Florida Legislature, we do. The last one I provided, I sort of consolidated and added additional was last week. I circulated to all our elected officials and parts of the management team. Andl anticipate -- I would believe if not tomorrow, early next week, an additional follow up. There was one for week one that was an update on pension reform, andl anticipate an additional update, a written report circulated early next week, at the latest. Vice Chair Carollo: Okay, 'cause as you know, I asked the Manager why it's been almost a month since we've gotten an update. Andl guess somehow one of our lobbyists found out and actually called me and let me know, Frank, we send weekly reports. If you haven't received, then, you know, let me know how you want to proceed or so forth, but the bottom line is we are providing your Administration with weekly reports. If you haven't received one in a month, then something is wrong. Mr. Menendez: Yeah. Vice Chair Carollo: So I found that to be, you know, a little awkward andl said, you know, I'll speak with the Manager about that. Mr. Menendez: Sure. Vice Chair Carollo: But I definitely -- and listen, I'm not here to teach anybody or so forth. But the bottom line is that things move real quickly in Tallahassee -- or let me rephrase that. They have the potential to move real quickly in Tallahassee. They have the potential to stall and so forth, but they also have the potential to move real quickly, and it seems like there's a lot of items that have been moving quickly and we had no say, or at least we had no update or any briefing on what was going on. And you know, I sent that e-mail (electronic) with various pension bills that were filed and so forth, and again, I had no update whatsoever. I was getting -- I was actually getting my updates from other legislators and friends of mine that, you know, would keep me abreast. Hey, this is going on. This may affect the City; this may not affect the City and so forth. But again, you know, I just want to make sure that, you know, we are updated on what's going on federally and also in Tallahassee because it definitely affects us. Mr. Menendez: I will assure you that you'll get the regularly scheduled reports, both federal and state. I assure you. Vice Chair Carollo: Thank you. And could you forward me a couple of those -- or could you forward me those weekly updates -- Mr. Menendez: Sure. Vice Chair Carollo: -- so I could see and compare them and so forth? Mr. Menendez: Of course. City of Miami Page 54 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: Thank you. Mr. Menendez: Thank you. Chair Gort: Thank you. Let me ask a question, not you. Ms. Blondet: Yes, sir. Chair Gort: This part -- and I'm trying to look in -- since I don't have a map in here. This is the part of the river that comes from 7th Avenue and it goes north and then it turns right around where the Winn -Dixie is at. Ms. Blondet: I think so. Chair Gort: That -- Ms. Blondet: Yes, it is. Chair Gort: That's the one. Where does it connect in the --? It connects right on the bridge -- right after the bridge on 7th Avenue. Ms. Blondet: They can give you the right answer -- Chair Gort: Okay. Ms. Blondet: -- the exact connection. They know the area. Mr. Weinreb: It's the area where the Miami River meets the Seybold and then goes up to that first fixed bridge is the area that FIND is willing to help fund. Once you get past that fixed bridge, it's not navigable according -- Chair Gort: Right. Mr. Weinreb: -- to their rules and therefore they're not allowed to fund -- Chair Gort: I'm correct in the location that we're looking at, okay. Mr. Weinreb: Thank you. Vice Chair Carollo: And Mr. Chairman -- Chair Gort: Yes. Vice Chair Carollo: -- I definitely want to point out again Mr. Brett Bibeau, executive director of Miami River Commission, is quite familiar with this project, this dredging project and so forth. Andl encourage that, you know, maybe he should set up an appointment with your office to meet and so forth and he could give you all the background on it. Chair Gort: Sure. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. RE.3 RESOLUTION 11-00188 City of Miami Page 55 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $1,143,000, FOR THE BAYWALK AT MUSEUM PARK PROJECT CONSTRUCTION AND BEAUTIFICATION PROJECT ("PROJECT"); AUTHORIZING THE ACCEPTANCE OF $1,143,000, PROVIDED BY THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") PURSUANT TO THE CRA RESOLUTION PROVIDING SAME TO THE CITY OF MIAMI; ALLOCATION OF THE REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,143,000, PROVIDED BY THE CRA; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00188 Summary Form.pdf 11-00188 Budgetary ImpactAnalysis.pdf 11-00188 Legislation.pdf 11-00188 Exhibit 1.pdf RE.4 11-00189 Motion by Commissioner Sarnoff, 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-11-0124 Chair Gort: RE.3. Lillian Blondet (Interim Director, Grants Administration): RE.3, very similar. It's another application for FIND (Florida Inland Navigation District). This one is for -- in an amount not to exceed 1,143, 000 for the bay walk at Museum Park/Bicentennial Park, and it's for the construction and beautification project of the area and building a bay walk with all the green space, you know, grass and trees and benches and everything surrounding the walkway. And the funding is provided by the CRA (Community Redevelopment Agency), and this resolution was approved by the CRA Board already, so we have the matching funds required for that. Chair Gort: Okay. Commissioner Sarnoff. Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Vice Chairman Carollo. Questions? Discussions? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION City of Miami Page 56 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $800,000, FOR THE DESIGN AND PERMITTING PHASE OF THE MARINE STADIUM MARINAAT VIRGINIA KEY ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $800,000, CURRENTLY AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-39903 "WATERFRONT IMPROVEMENT CITYWIDE"; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS TO B-40180, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00189 Summary Form.pdf 11-00189 Scope of Work.pdf 11-00189 Legislation.pdf 11-00189 Exhibit SUB.pdf 11-00189-Submittal-Memo-Corrected Resolution for Item RE.4.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Suarez R-11-0125 Chair Gort: RE.4. Lillian Blondet (Interim Director, Grants Administration): RE.4, it's another resolution requesting the authorization to submit an application. In RE.4, we have a substitution. After meeting with some of the Commissioners' office, it was pointed out that the name we're using, even though it was in the Virginia Key Master Plan, it would be confusing to the public, so we changed the resolution and everybody should have the memo with the substitution. So the resolution reads as a resolution of the City ofMiami Commission, with attachments, authorizing the City Manager to submit an application for grant funding to the Florida Inland Navigation District waterway assistance program, in an amount not to exceed $800, 000 for the design and permitting phase of the Marine Stadium Marina at Virginia Key; authorizing the allocation of the required matching funds for 50 percent of the current -- of the project cost, in the amount not to exceed 800, 000, currently available under capital improvement project B-39903, waterfront improvement citywide; and authorizing the City Manager to execute all the necessary documents in a form acceptable to the City Attorney for said submission of said grant application, the execution of the grant or deed agreements, and the acceptance and appropriation of matching funds to CIP (Capital Improvements Project) project B-40180 in the event the award of the grant for fiscal year -- in the event of the award of the grant for fiscal 2011-2012. Vice Chair Carollo: Mr. Chairman. Chair Gort: Thank you. Yes. City ofMiami Page 57 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: I have a question. Chair Gort: Question. Can we --? Go ahead. Vice Chair Carollo: Thank you. Ms. Blondet -- Ms. Blondet: Yes. Vice Chair Carollo: -- what happens if we don't approve this resolution today? Ms. Blondet: We -- the applications have to be submitted by April 1 so -- and they have to be approved by the Commission, so if we don't approve this, we would have to leave this application for the next year's cycle. Vice Chair Carollo: And here's the problem that I have with this, and I think you know it 'cause I told you yesterday when you gave me the substitution -- Ms. Blondet: I understand. Vice Chair Carollo: -- and originally I thought it was just the name, from Rickenbacker Marina to Marine Stadium or so forth. But then I started looking and there's a lot more additions in there. It's not just the name, which prompts me to say, you know, this is not within the five-day rule, andl would like to invoke the five-day rule. And I'm not invoking the five-day rule right now. I want to make it perfectly clear. And this is why I think this should have been presented to us earlier than the last Commission meeting before the grant has to be filed. Because now ifI invoke the five-day rule, we miss out, you know, but it's not fair to me that just yesterday afternoon is when I get the substitution and it's not just, you know, from Rickenbacker Marina to Marine Stadium; there's a lot of other additions, you know. Andl think in law -- once again, I'm not an attorney. But in law, changing one word could change the whole, you know, description and so forth. So I am going to vote against it. I'm not going to invoke the five-day rule, but I will be voting against it, you know, in principle. Andl would appreciate if, in the future, we know that there's a deadline, you know, present it to this Commission at least two Commission meetings in advance so just like you saw, hey, once everyone starts reading it, hey, there's some mistakes here or we want to change some items that we could always defer and not have to say, hey, if we defer, we'll lose the funding. Ms. Blondet: I understand. Vice Chair Carollo: Thank you. Chair Gort: Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: It's moved by Commissioner Sarnoff, second by -- Vice Chair Carollo: Second. I'll second it. Chair Gort: -- Vice Chairman Carollo. Commissioner Sarnoff. Let me -- Mr. Chair, may -- Chair Gort: Yes. City of Miami Page 58 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Sarnoff. -- I be addressed? Chair Gort: Sure. Commissioner Sarnoff. This is the very issue that the former City Manager Carlos Migoya believed that this City could achieve a 17 percent return on its investment. Andl think the one thing the City ofMiami has that maybe no other city other than San Diego has is the waterfront and the amount of water square footage we have. And if we're ever going to relieve a tax burden on anyone, it is going to be with the methodical, well thought out and well planned water uses that are congruent with the aesthetics and the uses attendant to a waterfront community. Andl think this is an opportunity that we simply shouldn't miss. I don't say what the Vice Chair is saying is inaccurate because I'm not sure there's substantive changes, but there are some changes in it. But I don't think that we should necessarily walk away from, you know, an $800, 000 funding source from the Florida Inland Navigation District. That's -- you know, South Florida gets -- I was going to say the word screwed, andl would have thought, well, that's not right. But let me use the euphemistic word screwed because almost all the money we give to the state never comes back in the amount that we pay. One of the poorest communities in all of Florida and for some reason we don't get our money back. Yet, with FIND we actually almost get dollar for dollar back that we give them, and we have a great FIND Commissioner now. We may not have a great FIND Commissioner in a year, two years because you see it wearing down on him. But this FIND Commissioner that we have has been so attentive to the City ofMiami that you just don't want to lose his attention. You don't want to lose the ability to take the funding source that we send to Tallahassee that they can send that back down to us. I don't know that we're going to achieve a 17 percent return on our investment, but I do know one thing. The former City Manager was pretty good at numbers, and if we're ever going to relieve the tax burden on any of us, if the employees ever hope to see any of their -- any kind of restoration to any of the issues that they have, it is only going to be coming through a non -ad valorem funding source. And the best source the City ofMiami has for non -ad valorem funding is the use of its waterfront, which, like I said, other than the city of San Diego, we stand alone in a city of our size and magnitude. Thank you, Mr. Chair. Chair Gort: Thank you. I think the point that the Vice Chairperson brings is if you know we have a deadline and if the decision today is going to affect the deadline, you should have that in front of us at least two weeks or three weeks before the deadline. I think that's all he's asking. Ms. Blondet: I understand. Chair Gort: I'm sorry. Go ahead. Vice Chair Carollo: And Mr. Chairman, that's exactly my point. Yes, I actually agree with you and the former City Manager. That's why I'm not invoking the five-day rule -- Commissioner Sarnoff. Right. Vice Chair Carollo: -- because ifI would, then I know -- yes. It would -- I would in essence kill the item. So that's why I'm not invoking the five-day rule. And it's nothing against the FIND director. It's actually our Administration. And what I'm saying that I'm going to vote no in principle 'cause once again, consistent with my way of thinking ever since I came here to the dais has been, listen, you know, whether you vote it up or down, whether you agree with it or not, just give us the information within, you know, a reasonable amount of time. This Commission decided five days, five business days so we can read everything and then vote it either up or down. So, again, my point is this wasn't given to me within the five days. It wasn't just some change of the name like I was told. It was actually a few other things; I would say quite a few. And in all fairness, I just will not kill the agenda item, but want to make, once again, a point that -- you know what, I've heard this saying. Lack of planning on your part does not make it an City ofMiami Page 59 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 RE. 5 11-00084 Office of Strategic Planning, Budgeting, and Performance emergency on my part. So with that said, I will vote no just in principle because I think the Administration should have foreseen and should have had better planning and given this to us within an adequate amount of time. Chair Gort: Okey-doke. Tony E. Crapp, Jr. (City Manager): Mr. Vice Chair, and we apologize. The errors that you mentioned should have been caught earlier, and we should have provided the information earlier to you. We're definitely working toward eliminating that in the future, so I apologize for that. Vice Chair Carollo: Thank you. Chair Gort: Thank you. I appreciate it. Okay, any further discussion? Being none, all in favor, state it by saying "aye." Commissioner Sarnoff. Aye. Chair Gort: Aye. Vice Chair Carollo: No. Commissioner Sarnoff. But I will hold it dear in my heart that you seconded that motion. Vice Chair Carollo: Well, like I said, I didn't want to kill it. I mean -- Commissioner Sarnoff. I -- Vice Chair Carollo: -- you know, I'm just making a point. Commissioner Sarnoff. -- admire the position you've taken and you did not hold it back. Ms. Blondet: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 11-0038, ADOPTED JANUARY 27, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00064 Summary Form.pdf 11-00084 Legislation.pdf 11-00084 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, 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-11-0126 Chair Gort: RE.5. City of Miami Page 60 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Alice Bravo (Director): Good afternoon. Alice Bravo, Capital Improvements. RE.5 is an item -- an appropriation item which would transfer funds that were advanced for the construction of the parking garages at the Marlins Stadium so that the project could commence ahead of the issuance of the bonds for the construction of the project. So now that the bonds have been issued, this appropriation would return the funds to the original account that were advanced. Chair Gort: Would you state which was the original account and the use of the original account. Ms. Bravo: Right. The City received in 2009 8 million ofMSEA (Miami Sports and Exhibition Authority) CDT (Convention Development Tax) dollars to be used on the baseball stadium or related parking infrastructure, and portions of that was used for design fees and the redevelopment project. So from that amount we're reimbursing a total of 4.848 million of the MSEA contribution, and there's also 1.62 million approximately of Orange Bowl improvement series one bond, and there's also 2 million of a Sunshine State loan. Chair Gort: Thank you. Questions, motion? Commissioner Sarnoff. Move it -- Vice Chair Carollo: Second. Commissioner Sarnoff. -- for discussion. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Discussion. Commissioner Sarnoff. Thank you, Mr. Chair. Forgive me, not being the sophisticate that you are, does that mean MSEA gets 4.84 --? Vice Chair Carollo: No. Commissioner Sarnoff. Does not? Ms. Bravo: No. This gets returned to a project number that was established to improve the infrastructure around the stadium that is part of the City's commitment for the stadium project. So we will fulfill our obligations of that infrastructure around the stadium by returning these funds to that account. Commissioner Sarnoff. Okay, then take me downstream one more. Ms. Bravo: Okay. Commissioner Sarnoff. To the citizen who's watching this and is hearing that 4.84 million and 1.62 million -- andl thinkl understand the Sunshine State -- hopefully, that's being paid back. Is that --? In my own mind, it's a loan and we're paying it back. Is that a fair way of looking at --? Chair Gort: Yes. Commissioner Sarnoff. Okay. Ms. Bravo: Correct. Commissioner Sarnoff. So just addressing the 4.84 million and the 1.62 million, just so people understand it, where is that money going to go back to? City of Miami Page 61 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Larry Spring (Chief Financial Officer): Mr. Chair -- Chair Gort: Yes. Mr. Spring: -- if I may. Larry Spring, chief financial officer. If you recall -- and act -- unfortunately, you were the only one that was on the dais at the time -- Commissioner Sarnoff.. I was, and that's why I wanted -- I'm the only one's taken a position on Marlins Stadium -- Mr. Spring: Right. Commissioner Sarnoff.. -- on the dais. Mr. Spring: When the original Marlins Stadium agreement was considered and approved by the City Commission some years back, there was a side agreement that was entered into between the City and Miami -Dade County. The -- or rather -- excuse me. I'm sorry, between the City and MSEA. MSEA had dollars, CDT dollars that they were going to contribute to the redevelopment of the stadium. Commissioner Sarnoff.. Correct -- all right, stay right there. Is it all right, Mr. Chair? Chair Gort: Go ahead. Commissioner Sarnoff.. Correct me if I'm wrong. Was that not the CDT and TDT (Tourist Development Tax) dollars -- and it may just have been CDT -- that the County was holding that they spend in the City? Mr. Spring: They -- it was CDT that was being held by the County for projects that they have to spend in the City -- Commissioner Sarnoff.. Gotcha, okay. Mr. Spring: -- more particularly, it was previously being used for the Miami Arena, the old Miami Arena. Chair Gort: Right. Commissioner Sarnoff.. Okay. Chair Gort: Yeah. Mr. Spring: So as part of the -- all of the agreements, there was an agreement reached to contribute that same amount of money to the redevelopment of the Orange Bowl, i.e., the Marlins Stadium, so that's why -- that is where the money came from. It is not general fund money of the City ofMiami. It came from the County. Commissioner Sarnoff.. But -- and maybe I'm -- I'm sorry, Mr. Chair, but -- Chair Gort: No, go ahead. Commissioner Sarnoff.. -- maybe I'm misconstruing what this does. I thought -- andl apologize, anyone, ifI didn't pay careful enough attention. I thought what has occurred is that you have bonded out now. City ofMiami Page 62 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Mr. Spring: What we did was -- remember, as part of the project, there were really three projects. Commissioner Sarnoff. Right. Mr. Spring: You had a stadium project, you had an infrastructure project, and then the garage. The City, under the stadium project, had a commitment to contribute -- I believe the number was 12.5 million -- 13 -- 12.5, 13 million. I'm -- I -- sorry. Under the infrastructure project, you also had a commitment to contribute 12.5. Commissioner Sarnoff. Right. Mr. Spring: When we brought those agreements back, we went through and identified and -- all of the sources of revenue, this being one, that we would contribute to those two projects. However, we had not gone out to bond for the garage as of yet. Commissioner Sarnoff. Garage, so we deferred -- Mr. Spring: And there were costs that were being accrued because time was ticking. So what we did was internally we utilized all of the money -- or some of the money that we had for the -- all three projects to advance the design of the garage and then with the bond issuance, we repaid ourselves. Commissioner Sarnoff. Fair enough. Mr. Spring: And it was approved that way. Commissioner Sarnoff. And that's the explanation I think everybody on TV (Television) should hear. Based on the time sequencing of money, you took money that was going to be held -- appropriately, not inappropriately -- Mr. Spring: Correct. Commissioner Sarnoff. -- for a certain segment of this project, used it to pay for the earlier segmentation of the project -- Mr. Spring: Correct, of the garage. Commissioner Sarnoff. -- went out to bond. Now that bond money's come in -- Mr. Spring: We repaid -- Commissioner Sarnoff. -- and you're going to put -- Mr. Spring: -- we replenished all of the pots. Commissioner Sarnoff. -- right. You're going to replenish that money that was going to be spent on a later segment of the project. Mr. Spring: Correct. Commissioner Sarnoff. That's all you guys needed to say. I think that -- I think sometimes people just need to hear it straight and that's all wanted to hear. Mr. Spring: It's about as straight as I can give it to you. City of Miami Page 63 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 RE.6 10-01353 Department of Finance Commissioner Sarnoff. And that's about as all can ask for. Chair Gort: Couldn't be any better. Commissioner Sarnoff. Thank you. Chair Gort: Any further questions? Discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: RE.6. Tony E. Crapp, Jr. (City Manager): RE.6 was done before the break, Mr. Chairman. Chair Gort: I beg your pardon? Oh, okay. Right, right, right, right. That's the one I had a conflict. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 245238, THAT THE TOP -RANKED FIRMS TO PROVIDE FINANCIAL ADVISORY SERVICES, FOR THE DEPARTMENT OF FINANCE, ARE THE PFM GROUP AND FIRSTSOUTHWEST, RESPECTIVELY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS ("PSA") WITH SAID FIRMS, RESPECTIVELY, IN ACCORDANCE WITH THE ATTACHED TERM SHEETS AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FORA PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 10-01353 Summary Form.pdf 10-01353 Summary Sheet Evaluation Committee.pdf 10-01353Addendum No.1.pdf 10-01353 Request For Proposals.pdf 10-01353 Fee Proposal 1.pdf 10-01353 Fee Proposal 2.pdf 10-01353 Legislation.pdf 10-01353 Exhibit 1 02-24-11.pdf 10-01353 Legislation (Version 2) 03-24-11.pdf 10-01353 Exhibit 1 03-24-11.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Dunn II Absent: 2 - Commissioner(s) Gort and Carollo City of Miami Page 64 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 R-11-0110 Chair Gort: Okay, we have -- I'll have to abstain from this one. Commissioner Suarez: I'm the Vice Chair? Diana Gomez (Director, Finance): RE.3 -- RE.6. Unidentified Speaker: You need a four fifths? Chair Gort: Not for the next one. Commissioner Sarnoff. What is this? Ms. Gomez: RE.6. Commissioner Sarnoff. What's your item? Ms. Gomez: RE.6. Commissioner Sarnoff. RE.6. Ms. Gomez: Diana Gomez, Finance director. RE.6 is a resolution accepting the recommendation of the City Manager approving the findings of the Evaluation Committee pursuant to the request for proposal number 245238 for financial advisory services. The recommendation is to award The PFM Group and FirstSouthwest Company and authorizing the City Manager to negotiate and execute a professional services agreement with those two firms. Commissioner Sarnoff. All right. Madam City Clerk, is this -- is there a public hearing on this? Priscilla A. Thompson (City Clerk): Not necessarily. It's just listed as a resolution. Commissioner Sarnoff. All right. Is there a motion? Commissioner Dunn: So move. Commissioner Suarez: Second. Commissioner Sarnoff. Motion by Commissioner Dunn, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Ms. Gomez: Thank you. Commissioner Sarnoff. All right. We're going to be in recess until 2: 30. Thank you. RE.7 RESOLUTION 10-01413 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING GRANT FUNDS, IN AN AMOUNT NOT TO Program EXCEED $46,500, FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") FOR THE MIAMI WOMAN'S CLUB BAYWALK - PHASE I PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY City of Miami Page 65 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 RE.8 11-00218 Community Redevelopment Agency (CRA) OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $46,500, FROM THE CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY OMNI FUND. 10-01413 Summary Form.pdf 10-01413 FIND Prior Legislation 1.pdf 10-01413 FIND Prior Legislation 2.pdf 10-01413 Legislation. pdf 10-01413 Exhibit .pdf 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-11-0127 Chair Gort: RE.7. Alice Bravo (Director, Capital Improvements Program): RE.7 is a resolution requesting authorization to execute an agreement with the Florida Inland Navigation District for a grant that was awarded to advance design and permitting of the Miami Women's Club bay walk, which is the phase one of the project. So the FIND (Florida Inland Navigation District) grant we were awarded was in the amount of $46,500, and the matching funds are being provided by the CRA (Community Redevelopment Agency) in an equal amount, $46, 500. Chair Gort: Thank you. Motion, questions? Commissioner Dunn: So move. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Dunn, second by Vice Chairman Carollo. Any questions? Discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND ADOPTING THE BUDGETS OF THE 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. 10-00218 Summary Form.pdf 10-00218 Legislation. pdf 10-00218 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 66 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0128 Chair Gort: RE.8. Pieter Bockweg: Good afternoon, Commissioners. Pieter Bockweg, executive director of the CRA (Community Redevelopment Agency). Before you is the acceptance of the operation budget as well as the special revenue budget that was approved by the CRA Board on February 28 and October 14. Chair Gort: Okay, questions? Motion? Commissioner Dunn: So move. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Dunn, second by Commissioner Sarnoff. Any discussion? Vice Chair Carollo: Why do you look at me, Chairman Gort? Chair Gort: Any discussion, questions? Commissioner Sarnoff. I was actually looking away hoping I didn't hear anything coming out of there. I was saying that silence is deafening. That is great. This is too good to be true. Commissioner Dunn: Hold on. Don't -- Commissioner Sarnoff. I know, right. Call the question. Chair Gort: Any discussion? Vice Chair Carollo: We discussed it in -- Chair Gort: We discussed it quite -- Vice Chair Carollo: -- CRA meeting. Commissioner Dunn: Yeah. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Bockweg: Thank you. Chair Gort: Thank you. See, when you give all the information out, it goes out fast. RE.9 RESOLUTION 11-00119 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO MARITIME MOBILE COMMUNICATIONS, LLC, D/B/A DIGITAL City of Miami Page 67 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 VIDEO SYSTEMS, TO PROVIDE ADDITIONAL GOODS AND SERVICES REQUIRED FOR THE PURCHASE AND INSTALLATION OF AUDIO VISUAL EQUIPMENT, AT THE EMERGENCY OPERATIONS CENTER, FOR THE DEPARTMENT OF FIRE -RESCUE, PURSUANT TO INVITATION FOR BID NO. 206203, IN AN AMOUNT NOT TO EXCEED $6,649.50, PLUS A $2,000 OWNER CONTINGENCY TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $166, 479.50 TO $175,129; ALLOCATING FUNDS FOR SAID INCREASE FROM ACCOUNT CODE. P=18-180011, T=01.08, A=1564, E=66400, 0=181000. 11-00119 Summary Form.pdf 11-00119 Pre Resolution.pdf 11-00119Attachment No 5.pdf 11-00119 Legislation.pdf 11-00119 Exhibit 1.pdf 11-00119-Submittal-Fire-Rescue-Misc. Back Up Documents.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, 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-11-0111 Chair Gort: RE. 9, right? Deputy Chief Reginald Duren: Good afternoon. Reggie Duren, deputy fire chief. RE.9 is a resolution of the Miami City Commission authorizing an increase in the contract awarded to the Maritime Mobile Communications to provide additional goods and services required for the purchase and installation of audiovisual equipment at the Emergency Operations Center for the City ofMiami, in an amount not to exceed $6, 649.50, plus a $2, 000 owner contingency, thereby increasing the total contract amount from 166, 479.50 to 175,129. Vice Chair Carollo: Move it. Commissioner Dunn: Second. Chair Gort: Been moved and second. Moved by Vice Chairman Carollo, second by Commissioner Sarnoff? Yeah, okay. Commissioner Sarnoff. I'm getting a deep voice andl like it. Chair Gort: Okay. Any further discussion? Okay, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Deputy Chief Duren: Thank you. RE.10 RESOLUTION 11-00203 City ofMiami Page 68 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") AMENDED Program 2010-2011 MULTI -YEAR CAPITAL PLAN ("PLAN"), WHICH INCLUDES THE PROJECTS IN DISTRICT3, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2010), AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 11-00203 Summary Form.pdf 11-00203 Legislation.pdf 11-00203 Exhibit 1.pdf RE.11 11-00126 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 Note for the Record: Please refer to Order of the Dayfor minutes referencing item RE.10. RESOLUTION Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS Planning, Budgeting, TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY and Performance REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010. 11-00126 Summary Form.pdf 11-00126 Legislation.pdf 11-00126 Summary Form 03-24-11.pdf 11-00126 Legislation (Version 3) 03-24-11.pdf 11-00126-Submittal-Budget Dept.-FY10 General Fund Balance Usage.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, 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-11-0129 Chair Gort: RE.10. Mirtha Dziedzic (Director, Department of Strategic Planning, Budgeting and Performance): I believe that was continued. Priscilla A. Thompson (City Clerk): We're on RE.11. Chair Gort: RE.10 to be continued? Ms. Thompson: Yes. Vice Chair Carollo: Yep. City of Miami Page 69 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: Okey-doke. Sorry I didn't write it down. RE.11. Ms. Dziedzic: Good afternoon. Mirth Dziedzic, Budget Department. RE.11 is the closeout resolution for fiscal year '10. It's appropriating $27.4 million of fund balance usage to close out the year. the components of those -- of the fund balance usage is $25.3 million for shortages in the general fund and 5.2 million that is being returned to special revenue projects that had deficits carried over the years with a return to the general fund through debt payments from the CRA (Community Redevelopment Agency) bond issuance for the construction of the building. Chair Gort: Okay. Thank you. Is there a motion? Commissioner Dunn: So moved. Chair Gort: It's been moved by Commissioner Dunn. Is there a second? Commissioner Sarnoff.. Second for discussion. Chair Gort: Second for discussion by Commissioner Sarnoff. I got it right this time. Commissioner Sarnoff.. I'm kind of hoping the person who will plow the field will be the Vice Chair andl would certainly yield to his plowing. No? Vice Chair Carollo: Go ahead, go ahead. Commissioner Sarnoff.. All right. Let me take the 30, 000 feet approach. You andl had a conversation andl was trying to figure out how could it be we could be so off. And your description to me -- and absolutely correct me if I'm getting it wrong -- is that we had just converted to Oracle in around '07 and you guessed that a lot of people didn't know that there was a button to push that would demonstrate like a window where the funding source for a particular project was and they never pushed the button. And if you look at the way the City of Miami did business, you would see that we had a lot of consultants because a lot of our own employees didn't understand Oracle. Andl don't know if that's a good description, but it certainly may be the root cause and the beginnings of a huge problem of a city that didn't have the literacy -- andl mean that from a financial andl mean that from a software approach -- to understand how its own procedures and policies should be implemented. And what you've done is you've scrubbed back years, you've looked at special revenue -- you've looked at all accounts. I don't want to call them special revenue 'cause I'll probably get it wrong and you'll say no, Commissioner, that's not a special revenue account. That's a something other revenue account. The point being you scrubbed this City from top to bottom. I believe you went so far back as '06. Ms. Dziedzic: Correct. Commissioner Sarnoff.. And what you have found is that projects moved forward regardless of where the funding sources came from. Ms. Dziedzic: Correct. Commissioner Sarnoff.. And what you're essentially doing is putting the funding sources back to the use of money that was only designated for that particular funding source. Ms. Dziedzic: For its original designation, correct. Commissioner Sarnoff.. For -- City of Miami Page 70 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Ms. Dziedzic: Its original and restricted designation. Commissioner Sarnoff. Right. Some of the money being restricted. And had people been doing their jobs, let's say, from '07 and '08 and '09, they would have known that a lot of the funds that they were using was restricted funding and could not be used the manner and the means in which it was being used. Ms. Dziedzic: Correct. Commissioner Sarnoff. And this was an administrative error on the part of previous administrations? Ms. Dziedzic: Correct. We were looking at the fund level instead of drilling down into the individual projects to make sure that spending was happening at the correct levels and the correct projects with the correct funds. Commissioner Sarnoff. Okay. Now what you just said -- I wanted to take -- ask you to take a shot -- Ms. Dziedzic: Okay. Commissioner Sarnoff. -- talk to me like I'm a 14 year old and explain it. Ms. Dziedzic: Basically, the way that the funds are held in our financial systems, it's a fund level. That fund can contain multiple projects, 20, 30, 50 projects. Each of those projects will have designated restricted funding sources for restricted activities. If we're just looking at the overall fund a fund may look fine, but within that fund different projects may be in trouble because we are not using the correct funding for the correct purpose and that, in essence, is what we did. We went back through each fund, pulled out each project and see what was the revenue that came in, where were the corresponding expenditures, and if there were any overages because nobody looked at that activity, then we're recommending to make those whole. Commissioner Sarnoff. All right. I'm going to -- I almost understood what you said. Ms. Dziedzic: Okay. Commissioner Sarnoff. Try to put something concrete on it and maybe we'll use concrete as our example. Ms. Dziedzic: Okay. Commissioner Sarnoff. Supposing there was some restricted money on floods. What do you call that? That's called the -- Chair Gort: Storm water. Commissioner Sarnoff. Storm water money. That's restricted money, right? Ms. Dziedzic: Um -hum. Commissioner Sarnoff. Supposing somebody did a project in storm water, but they actually just did an asphalt project; didn't address drainage at all. That might be considered an incorrect use of that money. Ms. Dziedzic: Let's say that the storm water funds would be in a project or in a fund that City of Miami Page 71 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 contains storm water, bathroom renovations, I don't know, flower planting, and we have this whole pot of money at the top that's -- all of these funds together. We weren't reconciling the project part in the bottom to make sure that only the storm water dollars were going to storm water, only the flower money was going to the flowers and only the bathroom money was going to bathrooms. Commissioner Sarnoff.. And now you've done that and you've made sure that only storm water money was spent on storm water -- and know you're now using euphemistically -- only flower money was spent on flowers and only bathroom money was spent on flowers [sic]. Ms. Dziedzic: Correct. Commissioner Sarnoff.. And through this scouring process, you've come up with almost $25 million. Ms. Dziedzic: The 25 million is the shortfall in the general fund, which is a result of one-time payments, a transfer in that was never allowed to happen into the general fund because they were restricted dollars, and shortages from the revenue, from the real estate tax revenues, so that's the $25 million. We're returning to special revenue funds a total of $5.2 million. Commissioner Sarnoff.. Sony. That's right. Ms. Dziedzic: That's what we're returning. Commissioner Sarnoff.. So you're -- then your scouring has found $5.2 million -- Ms. Dziedzic: Correct. Commissioner Sarnoff.. -- of money that was not properly spent? Ms. Dziedzic: Correct. Commissioner Sarnoff.. And this occurred for fiscal year '08? Ms. Dziedzic: From '07 through 6/30/10. Commissioner Sarnoff.. Okay. How long did it take you to find this? Ms. Dziedzic: Wow, at least six to eight months. Commissioner Sarnoff.. Six to eight months of how many hours a week? Ms. Dziedzic: We have a staff of maybe ten people going around the clock trying to dig and get copies of checks, copies of receipts, invoices to really see where the money belonged and what the expenditures were for. Commissioner Sarnoff.. You told me that a couple of nights you and your team spent till 4 o'clock in the morning. Ms. Dziedzic: Yes, and weekends and holidays. Commissioner Sarnoff.. As a matter of fact, you told me you worked seven days a week. Ms. Dziedzic: Yes, I did. City of Miami Page 72 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Sarnoff. So would you say this has been a full-time endeavor for you for the better part of six months and your team? Ms. Dziedzic: At least, um -hum. Commissioner Sarnoff. Do you think there's any Commissioner that could have known about this? Ms. Dziedzic: I don't see how. The financials are done -- the audits are done based on the fund level. This year we engaged our auditors to do some random testing of our projects so that this does not occur again, but -- so long as the fund was okay, we wouldn't know what was happening inside of those funds. Commissioner Sarnoff. And the changes and procedures that's occurred -- and know she's not here, but I believe Alice Bravo now requires a "B" number associated with any one project. Ms. Dziedzic: The "B" numbers have always been there. What we implemented this fiscal year is that any movement within projects -- for the capital projects requires Commission approval prior to that movement being done. So no transfers within projects without previous approval. Commissioner Sarnoff. Okay. Thank you very much. Ms. Dziedzic: You're welcome. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Vice Chairman. Vice Chair Carollo: Thank you. The overall shortage to the general fund was from the real estate taxes, correct? Ms. Dziedzic: That's -- Vice Chair Carollo: In other words -- Ms. Dziedzic: -- the majo -- Vice Chair Carollo: -- we didn't receive the taxes that we thought we were going to receive? Ms. Dziedzic: Fourteen million. Vice Chair Carollo: Fourteen. So about half came from the real estate. Ms. Dziedzic: Correct. Vice Chair Carollo: The other one that I want to point out -- and there's a reason why I'm doing this, and think it's important, is because of the one-time payouts, Rule of 64 and so forth. And we recently -- we're going to deal with it again, with that DROP (Deferred Retirement Option Plan) issue because, yes, when people leave, they retire and so forth, they have vacations, they have sick time that are paid. And it seems to me that in 2010, we didn't appropriate enough for the one-time payouts and -- to, what, more or less, $6.5 million? Ms. Dziedzic: Correct, six and a half. City of Miami Page 73 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: Which added and that's how -- that's the majority of why we have a 25.3 -- Ms. Dziedzic: That's correct. Vice Chair Carollo: Okay. Is -- does anyone else want to add anything to it? Ms. Dziedzic: In reference to the one-time pays for fiscal year '11, we did appropriate $10 million -- Vice Chair Carollo: Well -- Ms. Dziedzic: -- in the current fiscal year for that purpose. Vice Chair Carollo: Right. And I'm quite familiar with that because I thought we appropriated actually too much, so that was one of the reasons why in the proposal before us as far as the DROP, that it would save us money and so forth, I was somewhat hesitant 'cause at the same time you're going to be dipping into those $10 million. Ms. Dziedzic: Correct. Vice Chair Carollo: And if we have some shortfall now, realistically we could actually go into the one-time pays that we've allocated $10 million. Ms. Dziedzic: That's correct. Vice Chair Carollo: So if we have a shortfall in this current year's def -- budget -- I'm sorry -- this current year budget, we could actually go into that one-time pay if we don't have that many people just end up retiring. Ms. Dziedzic: That's true. Vice Chair Carollo: So that's something thatl wanted to point out in case, in the future, you may want to bring back that proposal or some type of changes within that proposal. Commissioner Sarnoff. Mr. Vice, let me ask you a question because -- Vice Chair Carollo: Sure. Commissioner Sarnoff. -- you might be able to answer this. On the $6.8 million one-time payouts, in theory you make that up over the early retirement of those individuals. Vice Chair Carollo: Well, I'm not so sure. Commissioner Sarnoff. Okay. Vice Chair Carollo: You know -- and that's exactly it; I'm not so sure. I'll tell you right now, we have $10 million there. If they don't early retire, well, guess what? If they don't use that money, we could use that money for any shortfalls. However, you start -- the water start getting murkier and so forth if they retire early and then, you know, you have to pay out their sick, you have to pay out their vacation and so forth, and that $10 million that know for a fact is there start shrinking and shrinking and shrinking. And then, yeah, I think we start becoming a little bit more dependent on our Administration on whether they did the appropriate numbers and we 're actually saving monies or not. So I could tell you at least right now -- andl remember 'cause I spoke -- I remember I spoke in great length with the former City Manager about this because I City of Miami Page 74 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 thought the 10 million were -- it was actually high. I didn't think it was going to be that much. But at the same time, we kind of knew should there be any shortfall in revenue, we have that pot that we could then go to and somehow level off our budget so we have a balanced budget, so -- andl just want to point out how important it is. Because in the '10 budget, we actually did not allocate enough funding and that's why it's a bigger deficit, so -- andl don't know if Diana would like to say anything on that or -- okay, or the CFO (Chief Financial Officer) ? No. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: RE.12. Julie O. Bru (City Attorney): Mr. Chair, members of the -- Vice Chair Carollo: Oh, I'm sorry. Mr. Chairman, one more question that I'm pretty sure I know the answer, but I just want to put it out there. One more question and it can be for either one, and pretty much know the answer, butt just want to put it out there. The auditors know that this is what we're intending to adjust and these are going to be our final numbers? I'm sure they're aware of it. Ms. Gomez: Diana Gomez, Finance director. Yes. This closeout is necessary in order to -- Vice Chair Carollo: I understand. Ms. Gomez: -- list of the final appropriated budget. The actual -- there are still other adjustments that are happening, but they're favorable so it would not affect -- it would not have a negative effect on this, so this budget, as passed, is fine. Vice Chair Carollo: And I'm sorry; one last question. With regards to our issued audited financial statements, you know we have that March 31 deadline. Will it be issued on time? Ms. Gomez: That is still our goal. We expect to. Vice Chair Carollo: And that's our goal, but how realistic is our goal? Ms. Gomez: It is very realistic (UNINTELLIGIBLE). Vice Chair Carollo: Okay. Thank you. RE.12 RESOLUTION 11-00243 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY MARGARITTE DINGLE, THEOANDRIA KENDRICK, A MINOR BY HER MOTHER AND NATURAL GUARDIAN DENISE DAVIS, MICHAEL JOHNSON, SR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL JOHNSON, JR., AND KEVARIS DAUGHTY, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $200,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, THE POLISH AMERICAN CLUB OF MIAMI, INC., DIANE THOMAS, AND OTHER PERSON OR ENTITY THAT MAY HAVE LIABILITY, IN THE CASES STYLED, MARGARITTE DINGLE VS. THE POLISH AMERICAN CLUB OF City of Miami Page 75 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 09-44632 CA 13, AND THEOANDRIA KENDRICK, ETC., ETAL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 09-44642 CA 13, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 11-00243 Memorandum.pdf 11-00243 Memorandum Budget.pdf 11-00243 Legislation (Version 2) 04-14-11.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Note for the record: Item RE.12 was deferred to the Commission meeting scheduled for April 14, 2011. Note for the record: An executive session of the Miami City Commission was scheduled on April 14, 2011, at Miami City Hall at 2: 00 PM (or soon thereafter), for the purposes of discussing the pending consolidated litigation cases of MARGARITTE DINGT,FY V. POLISHAMERICAN CLUB OFMIAMI, INC., ET AL., CASE NO.: 08-03407 CA 08; and THEOANDRIA KENDRICK, ETC., ETAL., V. THE POLISH AMERICAN CLUB OFMIAMI, INC., ETAL., CASE NO.. 09-44642 CA 08. Chair Gort: Madam Attorney. Julie O. Bru (City Attorney): Yes, Mr. Chair, members of the Commission. RE.12 is a resolution that seeks authority to settle the case of Margarine Dingle versus the Polish American Club, Miami -- the City of Miami and Diane Thomas. This is a case that arises out of a very regrettable incident that happened back in 2007 where the City ofMiami Police Department was providing -- or was supposed to have been providing some off -duty services and a shooting ensued; two individuals were killed and four were injured. This resolution would resolve the claims with respect to the four that were injured. We would still have to proceed with the litigation on the two deaths, but this would resolve the four injuries. You have a substituted resolution in front of you because we wanted to make sure that this settlement will also release the claims against the Polish American Club and Diane Thomas, the other codefendant. Just wanted to make sure that that was reflected in the resolution. It would be part of the releases. The total amount of the settlement is $200, 000. Chair Gort: Thank you. Question, motion, discussion. Commissioner Dunn: Make a motion for discussion. Chair Gort: It's been moved by Commissioner Dunn. Is there a second? Commissioner Sarnoff. Second for discussion. Chair Gort: Second by Commissioner Sarnoff for discussion. Commissioner Dunn. Commissioner Dunn: Yes. Thank you, Mr. Chair. Madam Attorney, how many, again, does this involve? I know that there's a -- does this have any bearings on the State requirement of the maximum --? Go ahead. I'll let you respond. City ofMiami Page 76 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Ms. Bru: This case is not just a tort claim. This is also a breach of contract claim because of the facts which indicate that there was some sort of transaction between the Police Department off -duty office and this woman, Diane Thomas, who was hosting this party at the Polish American Club. The way that this claim has been pled is a breach of contract. Under Florida Law, a breach of contract claim against a municipality does not have the protections of sovereign immunity; therefore, there are no caps on the amount of damages that are recoverable, so there are -- this particular settlement addresses the damages sustained by four young people who were injured by gunshot wounds at this party, and it would settle it for $200, 000, which is -- considering this is a breach of contract claim, we believe is a -- Commissioner Dunn: Reasonable -- Ms. Bru: -- good reasonable settlement of this matter. We would still have then pending the two deaths that occurred, and those would come back to you either at a future time for a proposed settlement or we would try those. Commissioner Dunn: So -- Ms. Bru: Those also are not subject to the cap because it's a breach of contract claim. Commissioner Dunn: And in your legal opinion, this is the best possible --? Ms. Bru: I think what I'm presenting to you is something that has my recommendation for approval, yes. Commissioner Dunn: Okay. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff.. This is a case of not Commission of the City ofMiami, no City ofMiami police officer in any way, shape, or form harmed anyone with regard to this particular issue. This is a case where one, two, three, or four police officers -- and if you drill into it, you'll find out that nobody signed up except for one person for this duty -- was to be placed in the parking lot of the subject Polish American Club. Now the plaints would have to prove through causation and proximate cause that the City was the proximate cause of the shooting. I think that's a very difficult task to prove, in light of the fact that the police officers were to be in the parking lot, and my understanding -- and correct me if I'm wrong, Madam City Attorney -- but the actual assailant himself was inside the premise dancing and pulled the gun on a person that he knew. And what was the outcome of his prosecution? Ms. Bru: The -- there was an arrest and subsequent to the arrest, apparently the eyewitness recanted and the prosecutor would dismiss the charges against the shooter. Commissioner Sarnoff.. So you have a person whose charges were dismissed by the State Attorney, Kathy Rundle, and the City ofMiami is responsible because it was supposed to have, let's just say, one, two, three, or four police officers in the parking lot. And l fail to see how a police officer in the parking would have prevented a person from shooting somebody inside the dance hall, and that's my problem with this case. I have absolute sympathy for those who had been shot. It's a horrible thing. This is not a case of a Miami police officer errantly shooting. This is not a case of a Miami police officer doing a commission of something. This is a breach of contract case where three, maybe four Miami police officers failed to appear in the parking lot. And I think if you go through all of our history, you would see many, many times we've had police officers on scene and it didn't stop anybody from pulling a gun, so that is the proximate cause analysis. In other words, the failure of police officers to be many hundred feet away in the City ofMiami Page 77 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 exterior of a building would have somehow prevented two people -- andl believe it was over a gold chain or something or it might have been over a gold chain -- that this person would not have shot knowing that there are police officers, I don't know, three, four, five hundred feet away in a parking lot. Ms. Bru: Let -- Commissioner Sarnoff.. It's a close -call case. Ms. Bru: Yeah. Commissioner Dunn: Yeah, yeah. I just -- andl don't want to -- 'cause -- Commissioner Sarnoff.. Andl (UNINTELLIGIBLE) debated. Commissioner Dunn: -- I mean, it -- yeah. And I -- Mr. Chair, may I? I slightly have to disagree with you, Commissioner Sarnoff. When a person's intent is to hurt, harm, or kill somebody, we know it's nothing you can do about that. Commissioner Sarnoff.. Right. Commissioner Dunn: So I will agree on that premise. But we also know the presence of policing can serve as a deterrent to crime, just the mere fact. Andl don't want to -- I wish we had had a shady [sic] meeting or something. But I -- Ms. Bru: We can have a shade meeting, if you want. If you want to discuss this any further without -- because remember, if we settle this, we still have the two deaths to deal with, so instead -- Commissioner Dunn: Yeah. We need to have a shade meeting. Ms. Bru: -- of putting things -- Commissioner Dunn: We need to have -- Ms. Bru: -- on the record -- Commissioner Sarnoff.. I gotcha. Ms. Bru: -- I would like -- Commissioner Dunn: Yeah. Let me go ahead and request a shade meeting because I think this does warrant -- Commissioner Dunn: Yeah. Ms. Bru: There's a lot of things that we can discuss that we don't need to put on the record -- Commissioner Dunn: Yeah. Ms. Bru: -- so we will -- Commissioner Sarnoff.. And all want to do is be able to debate it -- Ms. Bru: Yes. City of Miami Page 78 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Sarnoff. -- and come out -- and the best outcome -- and again, my sympathies to the Dingles and my sympathies to everyone else, Kendrick and Johnson and I think it's Kevaris [sic], but I'm here to do what's in the best interest of the citizens ofMiami. Commissioner Dunn: Right. Ms. Bru: Okay. Let me just get a feel from the Chairman. Would you like to do this at the next regular City Commission meeting, the shade meeting? Chair Gort: Yes. Ms. Bru: Okay. So at this time I'm going to be requesting that we have a shade meeting in the case of Margarine Dingle versus the Polish American Club ofMiami, et al. It's a circuit court case number 09-44642. And we will have that at the next regular City Commission meeting. You want to do it right after lunch? Chair Gort: Or just before -- we could either do it just before lunch or right after lunch. We'll make the decision at that time. Ms. Bru: In the morning we'll announce it. Chair Gort: Yes. Ms. Bru: Okay. Thank you. Chair Gort: We'll make the announcement in the morning. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Same item, but just on a side note. I've seen a lot of these settlements come before me in my last year and some months, and l just wanted to point out that on two trials, our City Attorneys have been successful, one being the billboard, so Mr. Warren Bittner was very good and needs to be commended, and -- Commissioner Sarnoff. Let's bring him out here. Vice Chair Carollo: -- hey, you know, I give credit where credit is due. And second with our former City Attorney prior to me being here, we also got a victory in court. So, you know, I think that it needs to be commended and, you know, we also need to tell our City Attorney very good job because it's not just, you know, settlements. We also do go to trial and we win, so I got to make sure thatl say that because a lot of times, you know, it is portrayed that the sky is falling and, you know, oh, God, this and that, and the truth of the matter is we need to have, you know, our City Attorneys' back at the same time. And as you see, they do go to court and they do win. Commissioner Sarnoff. Mr. Chair. Chair Gort: Thank you. Yes. Commissioner Sarnoff. And Commissioner -- and will get the article for you, and know the City Attorney has read it as well. The City of Chicago has stopped all settlements. They do not settle for any sum of money. And they are doing 42 percent better than they were than when they were settling cases, so I think what's happening is the attitudes of the citizens are changing. City ofMiami Page 79 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 They understand full well where the pound of flesh comes from. And I could tell you stylistically, when I first got on this dais -- and think remember with you, we had our arguments -- we weren't trying cases; we were settling cases. And will have that article provided to you from my office, and you could take a look at what a very large -- what, second largest city in America or third largest city is doing, and they are exceeding everyone's expectations. Commissioner Dunn: Last -- Mr. -- Chair Gort: Yes, Commissioner. Commissioner Dunn: And that's precisely why I felt that to do a shade meeting would be to the best interest so that we can -- Vice Chair Carollo: Definitely. Commissioner Dunn: -- have some constructive debate and look at all -- because I have not had the opportunity to really look at all sides and get the interjection as we -- from each of us as we've done in the past and usually we come up with a pretty good solution, so -- because I will stand with -- based on what -- I will stand with the recommendations of our Legal Department for the most part, so that's why I think it's best. Chair Gort: Thank you. Okey-doke. Vice Chair Carollo: Do we need to --? Priscilla A. Thompson (City Clerk): No -- yeah -- Vice Chair Carollo: Do we need to -- Ms. Thompson: -- I just want to -- Chair Gort: You need a motion for that? Ms. Thompson: -- make sure. Chair Gort: You don't need a -- Ms. Thompson: Yes. Commissioner Sarnoff.. I withdraw my motion. Ms. Thompson: Thank you. So while you're withdrawing the motion, are you going to continue this item to another meeting? Vice Chair Carollo: Should we defer to the next meeting? I make a motion to defer RE.12 -- Commissioner Sarnoff.. Second. Vice Chair Carollo: -- to the next meeting. Ms. Thompson: The next meeting would be the same meeting as the shade meeting, which is April 14. Vice Chair Carollo: Right. City of Miami Page 80 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 RE.13 11-00219 Department of Capital Improvements Program Chair Gort: So it's in the afternoon. Vice Chair Carollo: We could have the shade meeting, then come down -- Commissioner Dunn: Earlier. Vice Chair Carollo: -- and -- Commissioner Dunn: Yeah. Vice Chair Carollo: Right? Yes. Ms. Thompson: Okay. Chair Gort: Okay. Yes. Ms. Thompson: Thank you. Chair Gort: Okay. Any further discussion on the motion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MARLINS STADIUM DEVELOPER, LLC, TO INSTALL AND MAINTAIN NONSTANDARD IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AND THE CITY OF MIAMI OWNED PRIVATE DRIVES AS DESCRIBED IN "EXHIBIT C", ATTACHED AND INCORPORATED. 11-00219 Summary Form.pdf 11-00219 Legislation.pdf 11-00219 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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-11-0130 Chair Gort: Okay, RE.13. Alice Bravo (Director): RE.13. Alice Bravo, Capital Improvements. This is a resolution to request execution of a maintenance agreement with the Marlins Stadium Developer, T,T C (Limited Liability Company). The purpose of this agreement is that the Marlins developer is agreeing to maintain the street lighting to be installed around the Marlins Stadium because they've selected an upgraded lighting pole that FP&L (Florida Power & Light) does not maintain. So under this agreement, they agree to maintain the lights for the term of the operations agreement, that's 35 years, and the City would pay the electricity for the poles as we would if it was maintained by FP&L. City of Miami Page 81 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: So move. Chair Gort: Thank you. Commissioner Sarnoff. Second. Commissioner Dunn: Second. Chair Gort: It's been moved -- Commissioner Dunn: With discussion. Chair Gort: -- by Vice Chairman Carollo, second by Commissioner Dunn. Commissioner Dunn: Second. Just a comment. Chair Gort: Yes. Commissioner Dunn: Yes. Thank you, Mr. Chair. Your office has provided me with information that's supposed to answer the question, but it's a little bit confusion with this document, so if you could, Mr. Manager, have someone come by to just kind of hope -- help -- hopefully help me clam and get clarity on this, I would appreciate it. Tony E. Crapp, Jr. (City Manager): No. We'll definitely do that, Commissioner. Commissioner Dunn: Okay, thank you. Chair Gort: That's it. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Bravo: Thank you. Chair Gort: RE.14 was deferred. RE.14 RESOLUTION 11-00190 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH FLAGLER FIRST CONDOMINIUMS, LLC, RELATING TO THE REDEVELOPMENT OF AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM, LOCATED AT 101 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROJECT"); PROVIDING AN EXTENSION OF THE DEADLINE FOR THE SALE OF ALL PROJECT RESIDENTIAL CONDOMINIUM UNITS UNTIL DECEMBER 2, 2013. 11-00190 Summary Form.pdf 11-00190 Legislation.pdf 11-00190 Exhibit 1.pdf 11-00190 Pre Legislations 04-14-11.pdf 11-00190 Exhibit 2 04-14-11.pdf City of Miami Page 82 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Motion by Commissioner Sarnoff, 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 DI.1 10-01257 Department of Building and Zoning Note for the record: Item RE.14 was deferred to the Commission Meeting scheduled for April 14, 2011. Note for the Record: Please refer to Order of the Day Tor minutes referencing item RE.14. END OF RESOLUTIONS DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING THE PERMITTING PROCESS. 10-01257 Summary Form.pdf DISCUSSED Chair Gort: Discussion item. Building director. Orlando Toledo: Orlando Toledo, director of Building and Zoning. What I'm going to do is I'm going to give you a small summary how the Building Department works and some of the issues that we did find and then some of the recommendations. In the last two years we have reduced staff by 26people, include temps, by retirement, Rule of 64, or eliminations -- or the elimination of 12 temporary personnel. The Building Department consists of administration, inspection services, permitting and control and microfilming and plan review, of which has five disciplines. One is building, plumbing, electrical, mechanical, and structural. In addition, the following departments are also part of the review process: Fire, Public Works, Planning and Zoning. The average time for a review of a building permit in the Building Department is 20 days. Now some of the issues that we found. The big issue -- or the biggest issue was -- is a morale issue. What we try to do is to have staff meetings every six weeks to discuss all the items, all the issues with personnel and everything that has to do with any of the union matters that are coming up as the budget comes through. It seems like the morale has picked up and things are starting to be picking up. The second issue that we found was the way the numbering system to be able to obtain building permits. It was all done by paper, by tickets. Chair Gort: (UNINTET,T IGIBT ,F) pick the mike up. Mr. Toledo: It was all done by a ticket similar to when you go to Publix to the deli. That's the way it was being done. We've changed that. And now what we've done is we do it electronically. As the person comes in, we take their name, we put it on a screen, and they know exactly where in the process they're at. The next thing we did was something that -- Commissioner Sarnoff.. What does that achieve you? I mean, I guess there's a computer screen? Mr. Toledo: It's a computer screen. And what was happening, to be totally honest, people were coming in at 7:30 in the morning picking up a bunch of numbers, going outside -- Commissioner Sarnoff.. Selling them? Mr. Toledo: -- and selling them. So that has stopped. City of Miami Page 83 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: Creative. Mr. Toledo: Okay. Commissioner Sarnoff. You might have closed down an industry. Mr. Toledo: Yes. The third thing that we did, it was something that Mr. Cruz actually suggested. As part of the budget cuts, we decided to eliminate the information desk, and it seems like it was a bad idea because now it's working. What we did now was we pulled one of the inspectors out from the field and we have placed him at the middle of the floor. He does two things now. It's not only information. He also does trade permits. That way -- the trade permit, meaning a person who's just coming in for windows or doors; doesn't have to go through the same process as the other ones. It gets done a lot quicker. Suggestions. Commissioner Sarnoff. I'm sorry. Can't you get a tree permit at your NET (Neighborhood Enhancement Team) -- can't you stop --? Mr. Toledo: Trade, trade. Commissioner Sarnoff. Oh, tr -- Mr. Toledo: Trade permit, like -- Commissioner Sarnoff. Oh, trade. Mr. Toledo: -- windows, doors. Commissioner Sarnoff. Oh, I got you. Sorry. Mr. Toledo: Things like that. Two recommendations and it's something that I've discussed actually with the Manager. One will be to do outreach meetings in all the districts to talk about building issues, CU (Certificate of Use) issues. In addition, there's a lot of questions with the 40-year certification, so we're going to start contacting each of the district Commissioners to see when they want these meetings and maybe how often we're going to go ahead and do it. Maybe we do one round and then three or four months later we do another round. That's what I've been thinking about. The second recommendation -- it was actually an inspector of mine gave us last night was -- and his name, because I want to make sure that his name was out there, was Ray Benitez. -- was to go ahead and try to schedule inspections with either the Commissioners or some of your staff. That way you spend a whole day with us doing inspections so that you can see how the system works when we're out there. Chair Gort: I like that. Mr. Toledo: And that's pretty much my presentation. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. How much --? You were asked to do this, I think it's, my God, almost nine, ten months ago, right? Mr. Toledo: It was in September. Commissioner Sarnoff. And I'm not blaming you -- City of Miami Page 84 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Mr. Toledo: Oh. Commissioner Sarnoff. -- because we kept on putting you off. How much do you think change -- how many changes have you implemented and -- in times of -- terms of time delays, how much do you think you've saved an average citizen? Mr. Toledo: We have saved -- and another thing that actually the Manager went ahead and approved was to bring back four temps, which really helped because one of the big issues we're having is -- the fact is that we don't enough personnel to go ahead and take care of the people the way -- I want to say that the process, normally a person would spend about five to six hours at the Building Department. Maybe now they're spending three and a half, four hours. Commissioner Sarnoff. And are you looking at any way, shape, or form -- I think Commissioner Suarez brought this up before -- of computerizing the ability of a person to not have to actually physically come? Mr. Toledo: We have a system which is called Land Management, which should be brought out in late summer, early -- sometime around September. With this system, you could actually file through the Internet. You could -- you're going to be able to pay through the Internet. And plans can be seen all at the same time by all of the divisions. So that should quicken up the process, yes. And that should be out in September. Chair Gort: Let me ask a question. At one time they were getting the NET office responsible where people could be applied -- for minor repairs, they could get a permit out of the NET office. 'Cause right now, my understanding is, if you're going to pull a permit, you ask for a survey, then there's a lot of documents and things you ask for, so anybody who's going to change a window or fix a window, going through the process of the survey and the cost of all that is -- makes it kind of tough. Mr. Toledo: If you're going to change a window -- that's one of the trades -- you don't need a survey. Chair Gort: You don't need a survey. Mr. Toledo: All you need to do is come in with a certified Miami -Dade County product control approved window. Chair Gort: Right. Mr. Toledo: That's one of the big issues, that people buy windows out there that are not product -approved and that's where it's the back and forth. Chair Gort: Now I understand that part, I think, it's very important the inspectors there make sure the job is done -- Mr. Toledo: Right. Chair Gort: -- correctly and according to code so they won't have a problem later on. And the other thing is a lot of times we have found in our process when people coming to us, where people will come in, they'll request, they'll fill up [sic] all the documentations, they'll bring up whatever that was required of them, then all of sudden they say, oh, wait a minute. You're missing this. And then they got to go back and get that other documentation, come back again, and maybe a different person looks at it and ask for something different. Do we have a sheet where anyone, according to whatever project they're going to do, what the requirements are? City of Miami Page 85 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Mr. Toledo: We don't have a sheet, but it's something that we could create. It is -- that's a question that usually is asked because if somebody reviews the plans -- the way the building code is -- could be interpreted in many ways, so what happens -- and that does happen. One sees it. He's out on vacation. Another person sees it and that's where we do have our issues. Yes. Chair Gort: But that's a problem. That's why we should have certain standards so that would not happen. Because people will be sick and people will go on vacation, then they come back and it's a different person. That's it. Mr. Toledo: I will -- Chair Gort: I get a lot of those complaints. Mr. Toledo: -- come back to the City Commission and then pretty much print out a way of doing this. Normally when this happens, either they come to me or they come to the Building official and we take care of it right there at the spot, but the list is a good idea. Chair Gort: I think it will be very important. And then -- especially if you can have it at the NET office because people can go there before going to you and find out all the documentation, all -- everything they in order to get their permits. Mr. Toledo: Okay. Chair Gort: Makes it a lot easier. Mr. Toledo: I will do so. Chair Gort: Okay. Thank you. Any other questions? That's it. D2 [sic]. Vice Chair Carollo: DI.2, I -- Chair Gort: We did that. We did the -- Vice Chair Carollo: We did that. DI3, I heard, was withdrawn. Tony E. Crapp, Jr. (City Manager): Yeah, DI3 was withdrawn, Commissioner. Chair Gort: Okay. We go to PZ (Planning & Zoning). Now you need -- Do you have an item left? Mr. Crapp: Only the District 2 -- well, the blue page item. I'm sorry. Chair Gort: What? Okay. DI.2 DISCUSSION ITEM 11-00128 City Manager's Office PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: -BAYFRONT PARK MANAGEMENT TRUST -CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD -CIVIL SERVICE BOARD -CODE ENFORCEMENT BOARD City of Miami Page 86 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 -EQUAL OPPORTUNITY ADVISORY BOARD -LITTLE HAVANA SPECIAL EVENTS DISTRICT -COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE -MAYOR'S INTERNATIONAL COUNCIL -COMMUNITY TECHNOLOGY ADVISORY BOARD -PARKS AND RECREATION ADVISORY BOARD 11-00128 Memorandum.pdf DISCUSSED Direction by Chair Gort to the Administration to review all City ofMiami boards and committees to determine if any can be merged or eliminated, further directing that a recommendation be provided to the Commission after completion of the review. Chair Gort: Good afternoon. Welcome to the afternoon session. First thing of order -- business is going to be the reports from the different boards that we have. My understanding is we only have received reports from four individuals -- four board. We didn't receive from four. We have received from six. And since Chuck, you're -- since you're here and you sent your report, you're welcome to be the first one. Wait a minute. Where's the Clerk? Vice Chair Carollo: Just -- Chair Gort: Wait, hold. Vice Chair Carollo: No, no. We can't without the City Clerk. Just -- don't mess up that computer, Chuck. Chair Gort: Is that --? Oh, it's on, okay. Go ahead, Chuck. Charles McEwan: Go ahead? Okay. My name is ChuckMcEwan, and I'm the chairman of the board. Hello, Commissioners. Hello, Mr. Manager. I'll be very brief because this report was already sent in a couple of months ago so it's kind of repetitive for me to repeat all this stuff. But mainly my only point that I want to get across is the board is working very cohesively with each other. We have not had to cancel a meeting because of lack of quorum for over five years now, and that's a lot to say. It's a hardworking board. We meet three times a month for 11 months. And the -- we met 30 times last year and heard 595 cases. Code enforcement inspectors scheduled 1,016 cases, and as a result, the Hearing Boards office created 483 code enforcement orders. The Code Enforcement Board has mitigated on behalf of the City $3, 291, 800 in favor of the City ofMiami. On one case alone, it's over a $2 million case, and of course they're appealing that because they weren't very happy with a $2 million fine. What happens in court, I don't know. It's not up to us. Andl -- there is no reason to modnj, the membership of the board. And now we're getting into some of the things that -- we had a few cases yesterday that I'm sure you're aware of with these parking lots downtown that are not paying the appropriate parking fees. I think yesterday between all of them, we're talking over $100,000 that should be coming to the City. And if it doesn't, not only are they going to have to pay that kind of money, but they're all facing $250 a day fines. These people are just cheating the system. And that's pretty much it. I won't bore you with any of this other stuff. Chair Gort: Thank you, sir. Mr. McEwan: Thank you. Chair Gort: Mr. Pichel, who's a member of the board also. City ofMiami Page 87 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Mr. McEwan: Oh, yeah. Mr. Pichel is here. Chair Gort: Any questions? Vice Chair Carollo: No. Am I up? Chair Gort: Thank you for that report. Next one is Bayfront Park. Vice Chair Carollo: Let me go around to present. Chair Gort: Oh, you're going to be on the other side? Vice Chair Carollo: Of course. I've got a presentation for you all and everything. Not used to being on this side. As you know, I'm the chairman of Bayfront Park Management Trust, and I'm going to try to be quick, but at the same time, I'm going to address the specific questions that are in our Code. Some of these questions that I know you have before you -- they are actually seven, so I'm going to attempt to go rather quickly, but at the same time, address the seven questions that's in our Code that we need to address. The first question, is the board serving the purpose for which it was created? The answer is yes. The Miami City Commission created the Trust in 1987 to direct, manage, and maintain all aspects of Bayfront Park for the purposes of ensuring maximum community utilization and enjoyment; and further directed the Trust shall, to the greatest extent it determines to be feasible, implement the exercise of its powers in a manner which utilizes and encourages the fullest and most active participation and cooperation of private enterprise. Here we are -- here we have is the board serving the purpose for which it was created continued. Here I'm showing -from year end 2005 to year end 2009, okay, so in those years, special event attendance was 2.2 million people. The exact number is 2, 258, 729. Within that timeframe -- and as you all know, the City concluded giving any monies whatsoever to the Bayfront Park Management Trust in September 30, 2009. During that time, the City ofMiami contributed $3.9 million, almost $4 million. And total park revenues ended up being 20, 512, 460. In other words, 500 percent return on the City's investments. Is the board serving current community needs? The answer is yes. In addition to maintaining the City's premiere public park, the Trust produces two of our community's most important public events, the America's Birthday Bash on July 4 and the Bayfront Park New Year's Eve Celebration. I know some of you have been out there when we're going through these celebrations and fireworks and so forth. And if you haven't, I definitely invite all of you to come out. Question number three, that is again per our City Code, board's major accomplishments. Again, I'm showing from 2005 to 2009, we have put into capital improvements in the facility $3.7 million. In statue conservation, 93,242. In fire -rescue services, 669, 334. Now fire -rescue services is actually putting additional monies into firefighters' pockets because realistically, they're working off -duty or so forth, as well as police services. We have $1.7 million. And what occurs is that whenever someone puts an application to come to our park and use our facilities to have some type of event, they actually pay for the police services and the fire services. So they're actually making additional monies while someone else is paying for it. Now, also very important, City of Miami parking surcharge impact. We've been able to determine that we've been able to have an additional $1 million approximately in City ofMiami parking surcharge through our events from 2005 to 2009. Continuing with major accomplishments, we have the Live Nation management agreement. We also manage the Miami Sports and Exhibition Authority, a record -setting Miami premiere of Cavalia at Bicentennial Park, the Ultra Music Festival in Bicentennial Park selling out both days, thus widening their already enormous economic impact for downtown Miami and the surrounding areas. This year, which will be this weekend, it'll be actually three days. We also hosted Red Bull's Flugtag event, bringing tens of thousands of people in downtown Miami and garnering global media attention. We've negotiated successful return of the Cirque du Soleil to downtown Miami, reached over 57,000 people through free yoga classes, hosted the Miami Sculptural Biennial, a temporary art installation taking place during Art Basel and beyond; installed a permanent statue of fulie Tuttle adjacent to the Lee and Tina Hills playground. This City ofMiami Page 88 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 educational installation will enhance the experience for children; continued with their -- with the diversification of events ranging from weddings to film shoots to events associated with the Orange Bowl, Pro Bowl, and Super Bowl; continued care and maintenance of the statues and plaques throughout the park and at the Torch of Friendship; continue to host our community's premiere fundraising events, such as Race for the Cure, Making Strides Against Breast Cancer, the Corporate Run, and Walk for the Animals; worked with the Miami Downtown Development Authority to serve as the host site for a series of community concerts to assist in furthering revitalize -- revitalization of downtown. So as you could see, we've had quite a bit of accomplishments. Another question, is there any other board, either public or private, which would better serve the function of the board? The answer is no. As demonstrated by the previous list, the Trust has accomplished much in the past. There is no other board, either public or private, that would better serve the public's interest. No bias there either. Chair Gort: No. I'll ask the Commissioner responsible for that board to really look at the line item budget. We want to see the line item budgets. Vice Chair Carollo: By the way, when we first answered that question, I actually didn't want to answer it 'cause I think it sounded arrogant, but again, according to our City Code, these are the questions that we need to answer -- right, that we need to address. So continuing to the next question, should the ordinance creating the board be amended to better enable the board to serve the purposes for which it was created? The answer, once again, no. The founding ordinance for the Trust is sufficient for its current purpose. Another question, should the board's membership requirement be modified? Once again, the answer is no. The nine members of the Trust are represented -- representative of Miami's cultural and ethnic makeup. One member of the Trust is an elected official of the City ofMiami. The eight remaining members represent Miami's businesses, professional and cultural committees, and are appointed by the Miami City Commission. Membership in the Trust does not need to be modified. I believe this is the last question. What is the cost, both direct and indirect, of maintaining the Board? The Bayfront Park Management Trust is an extremely cost effective method for the City to operate and maintain Bayfront and Bicentennial Parks. Total operating cost for both parks in fiscal year 2010/'11 totals 2,485,000 with -- and I want to make sure everyone hears this -- no funding from the City. In conclusion, the Bayfront Park Management Trust has been extremely successful in bringing guidance and leadership to the development of Bayfront Park and serving as a catalyst for positive change in downtown Miami. It has fulfilled and surpassed the mandate of its charter and intends to continue to do so into the future. The Trust board of directors and staff intend to build on past accomplishments pursuant to our mission of ensuring maximum community utilization and enjoyment. Thank you. Chair Gort: Thank you, Mr. Chairman. It's a very nice report. Any question for [sic] any of the Commissioners? Vice Chair Carollo: Thank you once again, Mr. Chairman. Chair Gort: No more questions. Let's get the Commissioner for that district to please -- Thank you. That was a good report, and maybe we can get you to work on the other parks too. That's a good idea, Mr. Manager. We should look into it. Okay, next one, Civil Service Board. Miguel De La 0: Good afternoon. I'm Miguel de la O. I'm the chair of the Civil Service Board. We have submitted a 7-page report. We completed 24 hearings last year, and if you have any questions about the -- we meet twice a month -- report, I'm happy to answer your questions. Chair Gort: Any questions from any of the board -- any of the Commissioners? Any questions? Mr. De La 0: Okay. Thank you very much. City ofMiami Page 89 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: Thank you. Code Enforcement, we already had it. Equal Opportunity Advisory Board. Oh, I got to get you a member there. Louis Marshall: Sony? Chair Gort: I got to get you a member, yeah. Mr. Marshall: Good afternoon. Louis Marshall, chairperson of the Equal Opportunity Advisory Board. I'm here to report that we meet monthly. We've been meeting every month and we haven't had any problems with any quorums. We have reviewed quite a few cases and it seems like the caseload has pretty much gone down in complaints. And pretty much, we have met with different directors to examine the demographics of their departments. And we recently were involved with the hiring of the next class of 30 within the Fire Department, which has gone very well. And pretty much, everything's okay. Chair Gort: Thank you. Any question? Mr. Marshall: No? Chair Gort: Any question? Thank you very much. Mr. Marshall: Thank you. Chair Gort: You know, we have some of the boards here that I think after they finish all their report, we should look into and think they should be done away with. Commercial Solid Waste Commissioner Dunn: Yes. That's -- Chair Gort: -- Management Advisory Committee. Commissioner Dunn: Thank you, Mr. Chairman. Chair Gort: You're not going to go out there? Commissioner Dunn: No. I don't have an elaborate presentation like my colleague in District 3, but next time I'll have something comparable to his presentation. Vice Chair Carollo: And Mr. Chairman, I'm sorry. I was coming back on the dais. Can I just have one second for a point of privilege? Commissioner Dunn: Sure. Chair Gort: Sure. Vice Chair Carollo: I wanted to say this, but I wanted to come to the dais again. I really also want to thank the executive director and all of the employees of the Bayfront Park Management Trust. You know, we really are a team. We really operate as a team, and all those accomplishments that I read, even though some people might think it was quite lengthy, the truth of the matter is, we accomplished it because the truth of the matter is we work as a team from the board to the management to the executive director, and I'd just like to thank all of them because I definitely cannot just take credit and do that report without mentioning all of them. Thank you. Chair Gort: Thank you. Yes, sir. City of Miami Page 90 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Dunn: This is my report. Basically due to budgetary restraints, the Commercial Solid Waste Management Advisory Committee met twice in 2010 to discuss the new franchise agreement requirements for commercial haulers. As of to date, there are still outstanding issues that need to be addressed in the future. Since the Code, however, requires that such report contain certain information, what follows are those requirements. One, whether the board is serving the purpose for which it was created? To a certain extent, given the constraints mentioned earlier. Two, whether the board is serving current community needs. The board has served principally as a mechanism for the commercial haulers to bring to the City's attention their concerns. Three, a list of the board's major accomplishments. For the aforementioned reasons, not much. Four, whether there is any other board, either public or private, which would better serve the function of the board. Not to my knowledge. Five, whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was created. Yes, I do think we need to revise the Code to limit the meetings which are scheduled once a month, more often than is necessary. Six, whether the board's membership requirement should be modified. Not necessarily. And finally, seven, the cost, both direct and indirect, of maintaining the board. No cost is necessary. That concludes my report. Chair Gort: Thank you. Is there any questions? Okay. Mr. Mayor, you're recognized, I imagine for the International -- Mayor's International Council. Mayor Tomas Regalado: Thank you, Mr. Chairman and Commissioners. I will be brief. Also, we are presenting to you, and you have it, the Miami Sports and Exhibition Authority report. And -- but the Mayor's International Council, just briefly, we had had several meetings, all the meetings had quorums. Members of the Commission, the Vice Chair, is also the Vice Chair of the Mayor's International Council. We've been very active, but I'd like to point out that number one, the Mayor's International Council was very active in the Haiti earthquake relief effort. Number two, we have established a partnership with Council of the Americas, which they have meetings with CEOs (Chief Executive Officers) of many multinational companies and we are able to attend, members of the board. We had just recently the Kagoshima exchange students that you all met, eight middle school students, at, of course, no cost to the City ofMiami. Everything was donated. We had the French Heritage Miami in Little Haiti. Also the -- we were very active on the free trade agreement with Columbia, andl would like to point out that several letters from the Mayor's International Council to the FAA (Federal Aviation Administration) to the Department of Commerce were instrumental and they have acknowledged that in the creation of new daily flights from Miami to London by Delta Airlines and from Miami to Amsterdam by KL1lil (Koninklijke Luchtvaart Maatschappifi. Both are sister companies. So we're very happy of the work that the Mayor's International Council -- As you know, the board created a non -for -profit, and we are getting donations from the private sector so we can underwrite all the costs. As of today, we have the following sister cities: Bogota, Columbia; Buenos Aires, Argentina; Kagoshima, Japan; Lima, Peru; Port-au-Prince, Haiti; Santiago, Chile; and Santo Domingo, Dominican Republic. And we have City ofMiami friendship cities, Chengdu in China, Jacmel in Haiti, and (UNINTELLIGIBLE) in Spain. So that is the report. It's -- actually, we're meeting next week. And of course, you're all invited, and we thank you for the support for the Mayor's International Council. Chair Gort: Thank you, Mr. Mayor. Any questions? No, okay. Next one will be Community Technology Advisory Board. Peter Korinis: Good afternoon, Commissioner. Peter Korinis, chair of the Community Technology Advisory Board. Would you, sir, prepare -- prefer the short version answering the seven questions or a slightly longer version? Whatever your pleasure is. Chair Gort: It's -- with me, the short version. City ofMiami Page 91 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Dunn: Short. Me too. Chair Gort: But the rest of the Commission, they're -- Commissioner Dunn: Short. Mr. Korinis: Short version. Chair Gort: I'm sure we'll have some questions at the end of your presentation. Go ahead. Mr. Korinis: Yes, sir. So the Community Technology Advisory Board was formed in 2001 to provide advice, oversight, identification of grant opportunities, and support of community -related computer technology and distance learning. The primary umbrella program that delivers these services is the Elevate Miami program. Today there are 39 locations, learning centers throughout the City in eParks and in eSenior centers. I'll go to the questions now, and then we'll get back to that. Whether the board is serving the purpose for which it was created. Yes, it is. It is continuing to provide community input to address the digital divide and digital inclusion programs to train underserved individuals within the City. Question two, whether the board is serving current community activities. The answer is yes, it is, as I just described. Question three, a list of the board's major accomplishments. I will just briefly go through several. Since 2007, over 3,200 individuals of all ages have benefited from our computer training and open laboratory opportunities in the eParks centers and in the eSenior centers. As a result of the Rites of Passage program, which was a coordinated program between the City and the School Board and the Comcast Digital Connectors program, over 1,750 youth, typically Title I schools within the City, have received computers, received training, and their families at home have received Internet access. In the Working Age adult program, there have been over 50 local small business owners that have been -- that have participated in Web development training sessions sponsored in part by FIU (Florida International University). And in the workforce development area, the Microsoft Unlimited Potential grant provided training to over 1,000 participants. In the seniors area, we have a telemedicine program going on right now with the Miller School of Medicine, University ofMiami Department of Community Health to provide telemedicine training for 25 diabetic patients, plus the eCenters training -- eSenior centers. We have a continued partnership with Comcast and AT&T (American Telephone & Telegraph), which provides low-cost Internet access into individuals' homes within the City. I'll go back to the questions now. Question four, whether there are any other boards, either public or private, which would better serve the function of the board. Last May, a board was created to oversee the Elevate Miami program. To date, no one has been appointed to that board, and don't believe it's in operation. However, when that board would come into existence and begin to operate, there would definitely be a duplication between the Community Technology Advisory Board and this Elevate Miami Oversight Board. So I would suggest one or the other would be necessary but not both. Question five, whether the ordinance creating the board should be amended to better enable the board to serve the purposes for which it was created. Again, with the caveat of this additional board to oversee Elevate Miami, I would say there's no necessity to do that. Question six, whether the board's membership requirement should be modified. The new board, if you were to choose to use that board instead of Community Technology Advisory Board, does have a different membership, a larger membership with different appointments, so that would be something to consider to modnY the current structure. In cost, both direct and indirect, there's no direct or indirect cost for the Community Technology Advisory Board. They do not occupy any City space. There's no staff that supports them. On the other hand, of course, the Elevate Miami program is sponsored by donations and other resources from our various partners. Just to mention our partners briefly, significant partnership contributions from Microsoft, Comcast, AT&T, Symantec, Per Scholas, Citrix, Miami -Dade School District, Miami Dade College, University ofMiami, FIU, Miami -Dade Broadband Coalition, and the Knight Foundation. In closing, I'd just like to say, prior to any questions you may have, that the economic prosperity ofMiami now more than ever depends on having a digitally literate City ofMiami Page 92 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 workforce. This program, when it was established ten years ago, aimed to do that, and while we have made much progress, I believe there is much more to do. The national broadband initiatives that the President has created, as well as the large BTOP (Broadband Technologies Opportunities Program) programs for broadband expansion in underserved areas, I think is right on target and represents an approach to solving some of those problems. So my suggestion would be that this type of initiative with Elevate Miami, the Community Technology Board, et cetera, needs to continue and to expand. Thank you, sir. Chair Gort: Thank you. Any questions? Commissioner Sarnoff. Yeah. Mr. Korinis, you indicated that you received a Microsoft grant. Mr. Korinis: Several, yes, sir. Commissioner Sarnoff. What amounts have you received? Mr. Korinis: I have that in one moment. In the first place, we received software for all the computers in the learning centers, both operating system and Microsoft Office that believe we had estimated a street cost of about 300 to $400, 000. We have also received an Unlimited Potential grant, which I believe is --171 have to look it up. I think it's around $600, 000 to provide training for workforce. I had them listed in my -- in the board report, and I'll find it in one -- Tony E. Crapp, Jr. (City Manager): Excuse me. Mr. Korinis: Yes, sir. Mr. Crapp: Commissioner, would you allow us to get the information to you in the next 30 to 45 minutes, please -- Commissioner Sarnoff. No problem. Mr. Crapp: -- the specifics? Commissioner Sarnoff. I'm trying to understand what grants have been provided, what uses they've been put to. Mr. Korinis: I'll just quote -- ifI may, I'll just quote what was in the funding history in the report. Three hundred thousand, workforce skills training and software license donations from Microsoft; 125, 000 from AT&T Foundation for Internet access; Knight Foundation and the Office of the Mayor, $450, 000 for computers for the Rites of Passage; the Alliance for Digital Equality, $5, 000; and Miami -Dade Broadband Coalition, $132,950 for a pilot project with training. Commissioner Sarnoff. And was that -- what fiscal years are that --? Mr. Korinis: Those are basically over the span from about 2007 to this past year. Commissioner Sarnoff: So you've taken in -- Mr. Korinis: I'm sorry. It would really go back farther than that because the initial software donations from Microsoft predated 2007, so it's probably -- Commissioner Sarnoff: Yeah. I'm sort of excluding the 300 or $400, 000. But I'm a little curious. You said there's an Unlimited Potential grant of $600, 000. What is an Unlimited City of Miami Page 93 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Potential grant? Mr. Korinis: This was for a workforce -- adult workforce training. Commissioner Sarnoff. Where are you getting that grant from? Mr. Korinis: That was Microsoft. Commissioner Sarnoff. And what's the status of the grant? Mr. Korinis: The -- all the training has been provided. The trainers have been paid. This was run through Miami Dade College. Commissioner Sarnoff. So when you said an Unlimited Potential grant, you've received that grant? Mr. Korinis: Yes. Received, delivered, and expended. Commissioner Sarnoff. And how many people did you train on that grant? Mr. Korinis: I believe it was over 1,000. I'd have to look and get you an exact number on that. Commissioner Sarnoff. And so is it fair to say between '07 and '011 [sic] -- well, '011 [sic], that you've received in cash a little over $700, 000? Mr. Korinis: I'd have to look back to see when that Unlimited Potential grant happened. It happened over a couple years. Commissioner Sarnoff. But correct me if I'm wrong, the Unlimited Potential grant that you're valuing at 600,000 wasn't actual cash, was it? Mr. Korinis: Some of that was cash, yes, sir. Commissioner Sarnoff. And that would have paid for their -- for the tuition of the attendees to a -- Miami Dade College? Mr. Korinis: It was trainers. Commissioner Sarnoff. Trainers. Mr. Korinis: It paid for trainers provided by Miami Dade College. Most of the training was done in our eParks centers. There were actual computer trainers, as well as tech coaches that acted as mentors during the off hours from the classes. Commissioner Sarnoff. How do we advertise the fact that the City ofMiami makes people who are illiterate at the digital divide literate? How do we get that out there? Mr. Korinis: Well, we have a Web site, ElevateMiami.com. We've tried to advertise it in a number of places, including any opportunities we have to get it into the public media. The -- that program has won awards from Microsoft, as well as the US (United States) Conference of Mayors. There have been videos created that run on various Web sites. You can probably find them on YouTube, although they're a couple years old now. We also have public service announcements which we put out on Channel 77. Commissioner Sarnoff. So is it fair to say then you've trained approximately -- I don't know if it City ofMiami Page 94 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 was 3,500 or if you include the 1,750 Title I schools? Is that in addition to the 3,500 persons? Mr. Korinis: Yes, that's in addition. And that training was delivered by the school district itself. Commissioner Sarnoff.. What then did the City ofMiami have to do with that training? Mr. Korinis: With the Rites of Passage, the computer -- when the sixth graders completed the course, they received a refurbished computer and they received Internet access, which was provided by donations through this Elevate Miami program. Commissioner Sarnoff.. When did you become a part of Elevate Miami? When was that merger? Mr. Korinis: We really created Elevate Miami in 2004. Commissioner Sarnoff.. No, I remember that. But when did your board -- the Community Technology Advisory Board, when did you somehow merge with Elevate Miami? Mr. Korinis: I don't know that it was a merger so much as it was a program to provide the services that the Community Technology Advisory Board basically oversaw. Though they didn't directly oversee the program, they kept up to date, they provided suggestions and community input. Commissioner Sarnoff.. And that's -- William Poro is the director of that, correct? Mr. Korinis: No, sir. Commissioner Sarnoff.. Elevate Miami? Mr. Korinis: That's Access. Commissioner Sarnoff.. Access Miami. Oh, I'm sorry. Okay, my mistake. Mr. Korinis: Which this is -- coordinates with as well because of the computer aspects of it. Commissioner Sarnoff.. Okay. Thank you. Mr. Korinis: Yes, sir. Chair Gort: I have a question. I had a couple of calls to the -- a lot of the kids that got the Internet -- Mr. Korinis: Yes, sir. Chair Gort: --free, it was only for one year. Mr. Korinis: Sir. Chair Gort: Have we been able to do anything? Because I'm getting calls from some of the people who cannot afford it and they getting the bill from the AT&T. Mr. Korinis: The donation program from AT&T andfrom Comcast was for one year at a reduced rate, which when our grant money is expended that paid for that reduced rate, then it was turned over to the individual to continue. Hopefully, they would find it of value and continue it. Now there are other programs that kind of come and go depending on those two vendors for either $10 a month or $15 a month for a lower bandwidth to continue, and we're City ofMiami Page 95 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 working with Comcast now as part of a new program that we're trying to establish to keep those rates down at that lower level. That continues to be a problem, though, obviously. Chair Gort: And these services continue to be performed at the Parks Department, right, our different parks? Mr. Korinis: Yes, sir. There are 39 parks and senior locations that have computers that participate in the program. Chair Gort: Okay. Thank you. Mr. Korinis: Sir. Chair Gort: Any other questions? Thank you. The one that we did not receive a report is the citywide Community Development Advisory Board andl understand that has not been active for a long time. Little Havana Special District. Well, Commissioner is not here now, but I believe that was created in order to create events -- to control the events that were taking place in Little Havana a long time ago. I don't know if that's still active, if it's still performing. It's not? Mr. Crapp: It's been inactive. Chair Gort: Okay. Well, some of the boards, if you remember, we were going to analyze and see the ones we could either merge or the ones we can do away with because they're not performing. So it's not -- there's no reason for them to meet. And would you look into -- Mr. Manager, let's look into it -- Mr. Crapp: Yes, sir. Chair Gort: -- and try to come up with a recommendation. Okay. Go back to resolutions. DI.3 DISCUSSION ITEM 11-00255 DISCUSSION CONCERNING MEDIA TOWERS. 11-00255 Discussion.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: Please refer to Order of the Day Tor minutes referencing item DI.3. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: Okay. You need a few minutes for the PZ (Planning & Zoning)? Priscilla A. Thompson (City Clerk): I'm sorry; I didn't hear you, sir. Chair Gort: You need a few minutes for -- change --? Ms. Thompson: No, no. We're fine. We just need to go through the P&Z order of the day, and then we'll have to swear everyone in. Chair Gort: Okay. City of Miami Page 96 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Maria J. Chiaro (Deputy City Attorney): PZ items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land -use change, orMUSP (Major Use Special Permit); make its recommendation. The appellant or petitioner will then present their request. The appellee will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff. The appellant or petitioner will be permitted to make final comments. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Chair Gort: Thank you. Ms. Thompson: Ladies and gentlemen, if you are here and you are going to be speaking on any P&Z item, I need you to please stand, raise your right hand so I could administer you the oath. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Gort: Mr. Garcia, will you do me a favor and announce the PZ items that had been deferred so people that are sitting here for any one item will not have to stay until the whole thing? Francisco Garcia: Certainly, sir, happy to do so. For the record, Francisco Garcia, Planning Director. The following PZ items have been continued. I will read the PZ number and also the address and answer any questions if you may have them. Item PZ.1, which is an exception at 770 and 776 Northeast 80th Street, has been continued. Item PZ.5, which is an amendment to the City Code to establish procedures for tree removal, has also been continued. Item PZ.5 -- I'm sorry. Item PZ.6, which is an appeal of a Zoning administrator interpretation, has also been continued. Item PZ.7, which is a special exception at 1800 and 1806 Southwest 2nd Court, has also been continued. PZ.8, a HEP Board, that is the Historic and Environmental Preservation Board, appeal for a property located at 2100 Biscayne Boulevard and surrounding properties has also been continued, and that's it. No other items have been continued. The remainder of the items will be heard, beginning now. Chair Gort: Thank you. [Later..] Vice Chair Carollo: PZ (Planning & Zoning) items. Barnaby Min (Zoning Administrator): PZ. Chair Gort: PZ item. Mr. Min: Barnaby Min, with the -- Ms. Thompson: Chair --I'm sorry. Chair, ifI might. I apologize, but think see some new faces in the audience who may not have been sworn in for your P&Z items. City ofMiami Page 97 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 PZ.1 11 -00027xc Chair Gort: Okay. Ms. Thompson: If that is the case, may I? Chair Gort: Please. Ms. Thompson: Ladies and gentlemen, if you are here on a P&Z item and you have not been sworn in, I do need you to please stand, raise your right hand so that I can administer your oath to you, please. Is there anyone? All right, thank you. We're fine. Commissioner Gort? Chair Gort, we're fine. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING OR DENYING AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.2.6, ENTITLED "NONCONFORMING USES," OF ZONING ORDINANCE NO. 13114, THE MIAMI 21 CODE, AS AMENDED, TO EXTEND THE USE OF LEGALLY NON -CONFORMING ACCESSORY PARKING, ABUTTING A "T3-R" PREVIOUSLY APPROVED AS A TRANSITIONAL USE UNDER PRIOR ZONING ORDINANCE 6871, FOR AN ADDITIONAL TERM OF UP TO TWENTY (20) YEARS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 770 AND 776 NORTHEAST 80TH STREET, MIAMI, FLORIDA. 11-00027xc CC 04-28-11 Fact Sheet.pdf 11-00027xc Analysis. pdf 11-00027xc Miami 21 Map.pdf 11-00027xc Aerial Map. pdf 11-00027xc 1965 Commission Resolution and Planning & Zoning Board Action.pdf 11-00027xcApplication & Supporting Docs.pdf 11-00027xc Plans.pdf 11-00027xc CC Legislation (Version 1).pdf 11-00027xc ExhibitA.pdf LOCATION: Approximately 770 and 776 NE 80th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Little River Club, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PURPOSE: This application proposes to extend the continuance of use of a legally non -conforming accessory parking abutting a "T3-R" neighborhood to the north. Motion by Commissioner Sarnoff, 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 Note for the Record: Please refer to Order of the Day'and Part B: Planning and Zoning Items" for minutes referencing item PZ.1. City of Miami Page 98 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 PZ.2 10-01096cm RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANTS DATED MARCH 31, 1997 AND RECORDED IN OFFICIAL RECORDS BOOK 17604, PAGES 3735-3770, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1900 BRICKELLAVENUE, MIAMI, FLORIDA. 10-01096cm CC 03-24-11 Fact Sheet.pdf 10-01096cm Miami 21 Map.pdf 10-01096cm Ordinance 11000 Map.pdf 10-01096cm Aerial Map.pdf 10-01096cm PZAB Reso.pdf 10-01096cm Letter of Intent. pdf 10-01096cm Supporting Documents. pdf 10-01096cm Survey. pdf 10-01096cm CC Legislation (Version 3).pdf 10-01096cm Exhibit A. pdf 10-01096cm Exhibit B.pdf LOCATION: Approximately 1900 Brickell Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Carlos J. Gimenez, Esquire, on behalf of Dr. Jorge Suarez -Menendez, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions on January 19, 2011 by a vote of 9-0. See Exhibit "1". PURPOSE: This proposed modification will amend certain restrictions to the existing covenant. Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Note for the record: Item PZ.2 was deferred to the Commission Meeting scheduled for May 26, 2011. Chair Gort: PZ.2. Francisco Garcia (Director, Planning): Item PZ.2 is before the City Commission as a modification, a proposed modification to a covenant. The reason -- the subject property is 1900 Brickell Avenue. And the reason it is coming to the City Commission is the original covenant itself was awarded by the City Commission back in 1997. The staff recommendation is as follows, and -- what would like to do with this item is to provide some context because there are some fairly involved matters that would like to clam. I will first read regarding this covenant what the current use restrictions are -- what the restrictions in the present covenant are, then I will read what staff recommendations are and how those affect -- how those would affect City of Miami Page 99 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 the current use restrictions, and then I believe the applicant will express their preferences. As pertains to the current use restrictions, they are as follows. The property presently has a medical office, and the medical office was originally awarded as an adaptive reuse for a historically designated property on Brickell Avenue. It's one of the original Brickell mansions. And its configuration today remains a two-story, single-family residential structure with a medical office as an adaptive reuse. The current use restrictions are as follows: (1), the use of a health clinic would be limited to consultation for plastic surgery as an outpatient facility only with no overnight stays and no surgical or other medical procedures occurring on the property; (2), the hours of operation of the health clinic would be from 9 a.m. to 6p.m.; (3), there would be no transfer of title or interest in the property or in the health clinic without prior City Commission approval; (4), no changes made to the use of the property or to the exterior or interior of the building or the remainder of the property without prior City Commission approval; (5), the practice shall be limited to no more than three persons: a surgeon, one nurse, and one clerical person; (6), no overflow parking on the grass; and (7), parking spaces at the facility shall be limited to 12 spaces reflected in the site plan, of which 8 shall be paved and 4 shall be "turf -block" grass. Staff recommendation, which coincides with what the PZAB, or Planning, Zoning, and Appeals Board recommendation is as follows: (1), to delete number three in its entirety. And number three, I'll remind you, is that there will be no transfer of title or interest in the property or in the health clinic without prior City Commission approval. And (2), to mod the use limitation restrictions four and five to read as follows: (1) [sic], that no changes be made to the property, to the exterior or interior of the building, or remainder of the property without first obtaining a warrant, which is an Administrative permit and allows for the Planning Department to review it; and (5), that increases to the number of persons employed by the health clinic at the property; currently approved for three, including the surgeon, the nurse, and the clerical person should be considered or may be considered through the warrant process as well, which, once again, it is an Administrative approval. The reason we think these two relaxations of the restrictive covenant makes sense is one, because it would allow the original practitioner, Dr. Suarez Menendez, to allow to transfer his practice to a subsequent practitioner if he so chooses, and also because we do agree that the property, as expressly configured, could allow for a slight expansion of the use. However, we would want to be able to review and impose conditions on that expansion at such a time as we were presented with that proposal. And that's all have by way of presentation. I'll yield to the applicant. Chair Gort: Thank you. Yes, sir. Carlos Gimenez: Thank you very much. For the record, Carlos Gimenez, with the law firm of Becker and Poliakoff, 121 Alhambra Plaza, Coral Gables, 33134, here representing Dr. Suarez -Menendez in this matter. Just to give you some history and the reason why we're here, some time ago Dr. Suarez -Menendez, you know, had an issue with his ability to actually, you know, perform surgeries. As such, he was unable to utilize his property. He then leased the property to Dr. Okpaku. You know, at the time they weren't aware that anything was contrary to the restrictive covenants. Upon a complaint to the Code Enforcement office, the City Attorney's office reviewed the issue and determined that the lease was a interest in the property and as such, it, you know, basically violated restriction number 3 or C, which states there'll be no transfer of title interest in the property or in the health clinic without prior City Commission approval. as such, what we did is we came in to the City and said you know what, let's come in and request a modification of this declaration, try to clean it up a bit. It seems to go way too far in terms of the restrictions on the property. You know, we'll go through them one by one, but at the end of the day, when you look at it holistically, they seem to be restrictions that already dealt with either through other codes or ordinances or processes that they would have to go through anyways. You know, specifically, you know, what we're requesting is that all the restrictions be eliminated with the exception of no overnight stays. You know, with regards to the first restriction, the use of health clinic will be limited to consultation for plastic surgery as an outpatient facility only with no overnight stays and no other surgical or other medical procedures occurring on the property. Well, that's overly broad in the sense of what constitutes a medical procedure, especially in the City of Miami Page 100 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 light of the type of pracfice that's occurring on the site. There are regulations pursuant to the Florida Department of Health that regulate these things. You know, and again, as I stated, the doctor -- the property owner, who's Dr. Suarez Menendez, has no problem with maintaining the restriction that there be no overnight stays. You know, he -- they want this to be a doctor's office, one that operates within the normal constructs. In addition, number 2, which is setting forth the hours of operation of 9 to 6 p.m. Well, you know, again, this is a doctor's office. It's for plastic surgery. The hours of operation are going to be reasonable for that type of pracfice. You don't see 24-hour plastic surgeons around town. You know, from time to time there are emergencies that occur that would require, you know, maybe some simple suturing or whatnot, and so we believe that that restriction is unduly restrictive on the property owner and really, you know, should have no place in a declaration of restrictive covenants. Number 3, I think most -- and in fact, the PZAB agreed with us that that restriction was entirely without merit. You know, not to allow a property owner to be able to sell his interest in a property without coming to the City Commission for approval first, I mean that clearly is an onerous, you know, requirement, and you know, we hope that you strike that from the declaration as well. Now with regards to restrictions number 4 and 5, number 4 deals with alterations to the property, exterior, interior. Anything that's done to the property would have to come to City Commission. I mean, we just had a discussion on the Building Department and the processes there. Can you imagine if every single property owner had to come to you all, pay the notice fee for every change to the exterior and interior of a property? That's why you guys have, you know, the building code, you have the zoning code that addresses all these things and, you know, as such. This particular condition is overly broad and we believe should be removed in its entirety. Number 5, the practice shall be limited to no more than three persons. Well, there's no really -- there's not really any restriction in any other doctor's offices or any other professional offices as to the number of the employees. The restriction is the physical size of the facility itself, and the zoning code provides additional restrictions. You know, again, this really is an issue that could create jobs. Dr. Suarez Menendez and Dr. Okpaku, they'll probably bring in a couple of other doctors. They have plenty of parking on the site. A lot of the people that visit the site, you know, are local; and at the end of the day, they could create some very good, you know, medium- to high paying jobs in the City ofMiami. And no overflow parking on the grass. We believe that that's just, you know, an added restriction that makes no sense because that's already not allowed to begin with. You're not allowed to park in an unimproved surface in the City ofMiami. If you do, you get cited by the Code Enforcement Department, so we don't see a reason to have that in the declaration of restrictions. And with regards to the number 7, which has to do with parking spaces, allocating the number of parking spaces, et cetera. Again, you know, the parking space situation is something that can be addressed through the normal process of obtaining a permit to modify the site. If the doctor so chooses, he would go under the same process that everybody else in the City has to go through. You know, so at this time, you know, we're requesting that the declaration of restrictive covenants be modified just to include a prohibition on overnight stays. And I have both Dr. Suarez Menendez and Dr. Okpaku here if you have any questions for them specifically, and we're here to answer any questions that you may have. Chair Gort: Okay. Thank you. Does -- anyone would like to speak on this item? Mariano Cruz: Yeah, public hearing. Mariano Cruz, 1227 Northwest 26th Street. I'll be speaking about this problem because for many years I've been here, I know this case. Dr. Suarez Menendez against Condominium Brickell, Tory Jacobs, all that, andl was here because I've been coming here to this Commission for many, many years. And when I saw this today, I decide to remain here. I am not a patient of Dr. Suarez Menendez. I go to the VA (Veterans Administration) for my medical care, which is the best care you can get. But you know, I -- in that neighborhood, I am going to mention you, go to South Miami Avenue, to 1501 South Miami. What you got there in 1501 South Miami? And you know what he got there. Plastic surgeon clinic there and, you know -- and that's a single-family resident there and they've been there for years. And you know the people -- because I drove a taxi. I drove many patients there. They come there, they take -- they don't drive because they going to be sedated, everything, and they City ofMiami Page 101 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 leave there. They don't even park. And they got a lot of employees there in that place there. If you go there, 1501 South Miami, you go 15 Road, one block to Brickell, then a little bit down to 19 and Brickell, okay. And know that; that been there for many, many years. You know why? Because he's Suarez Menendez. It was not Dr. Gordon or Dr. Smith or whatever. That's one of the things I think that happened to him there because, you know, being Suarez Menendez, hyphenated Latin name, oh, that's bad, bad. But no being -- no, the clinic, 1501, Dr. Gordon, no problem there. Have been there for many years and still there. Thank you. Chair Gort: You don't want to be a patient of Dr. Suarez? Mr. Cruz: I don't -- huh? Chair Gort: You don't want to be a patient of Dr. Suarez? Commissioner Sarnoff. They said they wouldn't do overnight -- they couldn't do overnight work. Mr. Cruz: Igo to the VA. Commissioner Sarnoff. This may take a couple of days. Mr. Cruz: I go to the VA. Thank you for paying your federal taxes that take care of me. Chair Gort: Okay. Thank you. Anyone else? Okay. I'll close the public hearings [sic]. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. My instinct was to simply deny this request, especially in light of counsel's representation that he can't accept any of the seven restrictions. However, instead of doing that, what I'm going to do is ask for a continuance of 60 days; bring this back to the April -- no -- May -- the May meeting for 60 days, or I should say the like May meeting, and I will continue to study this issue. Because my first instinct is simply deny it, the fact that they cannot live with the restrictions that have been placed on there to allow them to be there in the first place. So -- Vice Chair Carollo: Second. Commissioner Sarnoff. -- I'm going to move to continue. Chair Gort: Okay. Vice Chair Carollo: Second. Chair Gort: It's been moved and second to continue it. And let me tell you, I think of all the people sitting here, I was the only Commissioner at that time that was sitting here. And one of the reasons we put so many restrictions because there was a lot of opposition from a lot of the neighborhoods, which I don't see here today. I think that area -- the whole area has changed quite a bit, so I beg for you when you do your analysis to make sure that it's comparable to the other uses that are being used in that area. Thank you. Okay, there's a motion and a second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Gimenez: Thank you very much. City of Miami Page 102 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. PZ.3 ORDINANCE 10-01461 zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 5, SECTION 5.3, "SUB -URBAN TRANSECT ZONES (T3)" AND SECTION 5.4 "GENERAL URBAN TRANSECT ZONES (T4)", BY INCREASING ALLOWED FENCE AND WALL HEIGHT IN T3 AND T4 TRANSECT ZONES, AND SECTION 5.7.1, "CIVIC SPACE ZONES (CS)", BY ADDING REGULATIONS FOR FENCES AND WALLS IN PARKS AND SECTION 5.8, "CIVIC INSTITUTION ZONES -HEALTH DISTRICT (CI -HD)", BY ADDING REGULATIONS FOR FENCES IN THE HEALTH DISTRICT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01461zt CC SR 03-24-11 Fact Sheet.pdf 10-01461zt PZAB Reso.pdf 10-01461zt Legislation (Version 2).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on January 19, 2011 by a vote of 9-0. PURPOSE: This will increase the allowed fence height within the first layer in "T3" and "T4" Transect Zones and add regulations for the height of fences and walls within "CS" and "CI -HD" Transect Zones. 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 13259 Barnaby Min (Zoning Administrator): PZ.3? Chair Gort: Go ahead. Mr. Min: Barnaby Min, with the office of Zoning. PZ.3 is for second reading. It's an amendment to Miami 21 to increase the height limits for fences from three and a half to four feet unless it's an aluminum or iron picket fence or post fence, which is also being increased from five feet to six feet. City of Miami Page 103 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: Okay. Mr. Min: It's also allowing fences in the CS (Civic Space) transect zones, as well as the CI -HD (Civic Institution -Health District). Chair Gort: Thank you. It's a public hearing. Is anyone in the public would like to address this issue, PZ.3? Anyone in the public? Deidria Davis: I would like to address it. Hello. My name is Deidria Davis, and I'm the vice president of the Villas of St. Agnes Association. And I sit on the OCOB (Overtown Community Oversight Board) and the CRB (Community Relations Board). Andl would like -- we would like to amend that rule. We would like to see the gate six to eight feet. The reason being is because we're in a 80-unit condo association in Overtown. We're only six years old and already we've lost twenty owners, and the reason being is because they don't feel safe living in our community. We would like to gate our community. I already talked to the Fire Department. And the steps that have to take, this is the first step. And we've had loitering. We've had car thefts, break-ins, and the list goes on and on, and there's police reports to support that. We've had shootings on the property. We've had The First 48 there twice. And again, it's only six years old. We're trying to build our community up, not let it be torn down, and we need to be gated. The three feet that we have there now is way too short. Commissioner Sarnoff. Mr. Chair, I'm sorry. I know you're in Commissioner Dunn's, but your -- my understanding of this is that you could have a three -- is it three- or four foot, I call them, cyclone fences or chain link fences. Mr. Min: Currently, as the ordinance is written, you could have a three -and -a -half foot fence. We're proposing an amendment of four foot fence for a chain link fence or -- Commissioner Sarnoff. Chain link. But she could have a -- what was the height of the aluminum fence? Chair Gort: Six. Mr. Min: Currently five feet -- Commissioner Sarnoff. And it's -- Mr. Min: -- which is being proposed to six. Commissioner Sarnoff. Six -- Chair Gort: Six. Commissioner Sarnoff. -- feet wouldn't be adequate? Ms. Davis: Yes, six feet would be good. Six to eight. Commissioner Sarnoff. So you're in agreement with us? Ms. Davis: Yeah. I just wanted to let it be heard -- Commissioner Sarnoff. Well, I'm think -- Ms. Davis: -- because we need help -- City of Miami Page 104 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Dunn: Don't -- Ms. Davis: -- over there. I'm sorry. Chair Gort: You got it. Commissioner Dunn: -- pull -- Commissioner Sarnoff. Don't snatch -- Commissioner Dunn: Yeah, go ahead. Commissioner Sarnoff. -- from the jaws of victory defeat. Commissioner Dunn: Yeah. Ms. Davis: We're okay? Commissioner Dunn: Yeah. Chair Gort: You got your -- Ms. Davis: Thank you. Chair Gort: -- Commissioner here; he'll protect you. Do I have a motion? Commissioner Sarnoff. He had you covered. He was saying don't say anything. Ms. Davis: Thank you. Chair Gort: Do I have a motion? Commissioner Dunn: So move. Priscilla A. Thompson (City Clerk): Chair -- Commissioner Sarnoff. Second. Chair Gort: It's been -- Ms. Thompson: -- are you going to close your public hearing? Vice Chair Carollo: Close your public hearing. Chair Gort: Yeah, but let me get the motion first, then I'll close it. Ms. Thompson: Okay. And it is an ordinance. Chair Gort: Yes. I under -- thank you. Public hearing is closed. Motion by Commissioner Dunn, second by the -- Maria 1 Chiaro (Deputy City Attorney): An ordinance -- Chair Gort: -- Vice Chair Carollo. Ordinance. City of Miami Page 105 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. PZ.4 ORDINANCE Second Reading 11-00018zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, TABLE 13 ENTITLED "SUPPLEMENTAL REGULATIONS"; ADDING AN EXCEPTION PROCESS FOR EXTENSIONS OF DOCKS OR PIERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00018zt CC SR 03-24-11 Fact Sheet.pdf 11-00018zt PZAB Reso.pdf 11-00018zt CC Legislation (Version 2).pdf 11-00018zt ExhibitA.pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on January 19, 2011 by a vote of 8-1. PURPOSE: This will add an exception process for extensions of docks and piers beyond the maximum allowed in cases where other jurisdictional agencies require additional extension to meet their requirements. Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, 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 13260 Barnaby Min (Zoning Administrator): PZ.4 is an amendment to Miami 21 for second reading. It's an amendment to allow the possibility of having docks extended further than the current requirements into the waterways if it's required by another agency, such as DERM (Department of Environmental Research Management) or the DEP (Department of Environmental Protection), and it would be through an exception process, a public hearing before the Planning, Zoning, and Appeals Board. Chair Gort: Thank you. This is a public hearing. Anyone to address PZ.4? Anyone in the City of Miami Page 106 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 public would like to address PZ.4? Being none, we'll close the public hearing. Commissioner Sarnoff. So move. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Dunn, second by Commissioner Sarnoff. Commissioner Dunn: No. We -- well, it doesn't -- Chair Gort: Same thing, the same people. Commissioner Dunn: Yeah. Chair Gort: Any further discussion? It's a -- The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. Chair Gort: PZ.5, my understanding, it was pulled. PZ.6. Francisco Garcia (Director, Planning): That item was continued as well, sir, as well as PZ.7 and PZ.8. Commissioner Sarnoff. PZ.8 was continued as well. Mr. Garcia: -- which leaves us with PZ.9 andPZ.10. Commissioner Sarnoff. Yeah, just 9 and 10. Chair Gort: I'm sorry. Commissioner Sarnoff. Just 9 and 10 are left. Mr. Garcia: PZ.9 -- Vice Chair Carollo: Nine and ten. Mr. Garcia: -- andPZ.10. Commissioner Sarnoff. Nine and ten. PZ.5 ORDINANCE 10-01242zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ENVIRONMENTAL PRESERVATION" BY CLARIFYING PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR City of Miami Page 107 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 PZ.6 09-01464za AN EFFECTIVE DATE. 10-01242zt CC FR 04-28-11 Fact Sheet.pdf 10-01242zt PZAB Reso.pdf 10-01242zt City of Miami Chapter 17.pdf 10-01242zt County Code Chapter 24.pdf 10-01242ztAmerican National Standards Institute (ANSI).pdf 10-01242zt Educational Materials.pdf 10-01242zt CC Legislation (Version 6).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on January 19, 2011 by a vote of 9-0. PURPOSE: This will clarify certain Sections and Definitions of Chapter 17, "Environmental Preservation". Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: Please refer to Order of the Day'and Part B: Planning and Zoning Items" for minutes referencing item PZ.5. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. 09-01464za CC 04-28-11 Fact Sheet.pdf 09-01464za Memorandum from Barnaby L. Min.pdf 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso Including Notary Page.pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.pdf 09-01464za CC Fully -Executed Legislation (Version 3).pdf 09-01464za CC Fully -Executed Legislation (Version 4).pdf APPELLANT(S): Bob de la Fuente, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): City of Miami Page 108 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 PZ.7 06-00840x1 OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on March 22, 2010 by a vote of 6-1. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. Motion by Commissioner Sarnoff, 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 Note for the Record: Please refer to Order of the Day'and Part B: Planning and Zoning Items" for minutes referencing item PZ. 6. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "R-1" SINGLE-FAMILY RESIDENTIAL, TO ALLOW A CHILD DAY CARE CENTER OF MORE THAN TWENTY (20) CHILDREN, ACCORDING TO ZONING ORDINANCE SECTION 936 AND SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1800 AND 1806 SOUTHWEST 2ND COURT, MIAMI, FLORIDA. 06-00840x1 CC 04-28-11 Fact Sheet.pdf 06-00840x1 PZAB Appeal Letter.pdf 06-00840x1 Analysis.pdf 06-00840x1 Miami 21 Map.pdf 06-00840x1 Zoning Map.pdf 06-00840x1 Aerial Map.pdf 06-00840x1 PZAB Reso.pdf 06-00840x1 Letter of Intent.pdf 06-00840x1 Application & Supporting Docs.pdf 06-00840x1 Plans.pdf 06-00840x1 CC Legislation (Version 3).pdf 06-00840x1 CC Legislation (Version 4).pdf 06-00840x1 ExhibitA.pdf LOCATION: Approximately 1800 & 1806 SW 2nd Court [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Natalia Montano & Roberto Salazar and Alejandro & Ellen Bonet FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the original request. PLANNING, ZONING AND APPEALS BOARD: Denied the Special Exception City of Miami Page 109 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 on June 30, 2010 by a vote of 8-0. PURPOSE: The approval of this appeal will allow the expansion of an existing daycare center and an increase in the number of children from 30 to 60. Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Note for the Record: Please refer to Part B: Planning and ZoningItemsfor minutes referencing item PZ.7. Tony E. Crapp, Jr. (City Manager): Mr. Chair, I believe -- Chair Gort: Yes. Mr. Crapp: -- there is a request to continue one of the zoning items. The applicant is here. I believe it's PZ.7. Ines Marrero-Priegues: Yes. Good afternoon, Mr. Chairman, members of the Commission. For the record, my name is Ines Marrero, attorney with offices at 701 Brickell Avenue. We are the appellants for PZ.7. This item was heard at the last Commission meeting and deferred for us to meet with the neighbors. And we had an opportunity to commence the dialogue, but we have not been able to sit down with the abutting neighbors. We've spoken with Miami Neighborhood [sic] United, but we are trying to set up a meeting with the immediate neighbors. They were here today, and they agree to the deferral so we can have a meeting between now and the next Planning and Zoning meeting, which would be the 24th, I believe. So we're requesting a deferral. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Thank you. How much time do you need? Ms. Marrero-Priegues: The next meeting. We should be able to meet in the next week and a half. Vice Chair Carollo: Okay. I make a motion to continue. Commissioner Dunn: Second. Chair Gort: Okay, it's been moved by Vice Chairperson Carollo, second by Commissioner Sarnoff. Any further discussion? Priscilla A. Thompson (City Clerk): IfI may ask for clarity. The next meeting -- Vice Chair Carollo: Continuance. Ms. Thompson: Yes. -- would be our April 14 meeting, and that would be a deferral. Vice Chair Carollo: No, a continuance to the same like meeting. Ms. Thompson: Okay, thank you. City of Miami Page 110 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Ms. Marrero-Priegues: The next P&Z (Planning & Zoning), yes, the 24th. Ms. Thompson: I just want to make sure because -- Ms. Marrero-Priegues: Yeah. Ms. Thompson: -- she said a week and a half. Ms. Marrero-Priegues: No. We need a week and a half to meet with the neighbors so we should be -- Ms. Thompson: Thank you. Ms. Marrero-Priegues: -- ready to come before the Commission at the next P&Z meeting. Ms. Thompson: Thank you. Ms. Marrero-Priegues: Thank you. Chair Gort: Okay. Any further discussion? Being none, all in question [sic], state it by saying "aye. The Commission (Collectively): Aye. Ms. Marrero-Priegues: Thank you. PZ.8 RESOLUTION 09-01198ha A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL FILED BY BACARDI IMPORTS, INC. ("APPELLANT"), AND AFFIRMING OR REVERSING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH GRANTED WITH CONDITIONS THE HISTORIC DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2100 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS A HISTORIC RESOURCE. 09-01198ha CC 03-24-11 Fact Sheet.pdf 09-01198ha Bacardi Building Map.pdf 09-01198ha Miami 21 Map.pdf 09-01198haAerial Map.pdf 09-01198ha Appeal Letter & Supporting Documentation.pdf 09-01198ha Bacardi Buildings Final Designation Report.pdf 09-01198ha CC Legislation (Version 2).pdf 09-01198ha CC Legislation (Version 3).pdf LOCATION: Approximately 2100 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Stanley B. Price, Esquire, on behalf of Bacardi Imports, Inc. FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. City of Miami Page 111 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 PZ.9 10-00044x HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Granted with conditions* the designation on October 6, 2009 by a vote of 8-0. *See supporting documentation. PURPOSE: The approval of this appeal will exclude the property above as a historic resource depicted on the applicable page of the Historic and Environmental Preservation Atlas of the City of Miami. Motion by Commissioner Sarnoff, 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 Note for the record: Item PZ.8 was deferred to the Commission Meeting scheduled for May 26, 2011. Note for the Record: Please refer to Part B: Planning and ZoningItemsfor minutes referencing item PZ.8. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 10-00044x CC 03-24-11 Fact Sheet.pdf 10-00044x ZB Appeal Letter. pdf 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map. pdf 10-00044x Miami 21 Map.pdf 10-00044x ZB Reso.pdf 10-00044x Letter of Intent. pdf 10-00044x Application & Supporting Docs. pdf 10-00044x Plans. pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x CC Legislation (Version 3).pdf 10-00044x CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf 10-00044x-Submittal-Carlos Gimenez.pdf 10-00044x-Submittal-Carlos Gimenez-Proposed Declaration of Restrictive Covenants. pdf City of Miami Page 112 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 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-11-0132 Francisco Garcia (Director, Planning): PZ.9 and PZ.10 are two appeals of the same special exception issued approximately a year ago for a property at 1737, 1745 Southwest 2nd Court and 1742, 1744 Southwest 2nd Avenue. The -- once again, the item is before you on appeal. On the record you have that the Department's recommendation is for approval with conditions. I would like to add to that briefly by way of introduction -- andl know that both the applicants and the appellants will have much to say -- I think it should first be said that there is no question about the fact that there is a need for a school in the area. The demand certainly exists for that. We also are very much aware that the operators for this school have a very good record, a very good standing academic record in the community. And we can also vouch for the fact that the design, as proposed to us in the many redesigns, are certainly first-rate. It should also be stated on the record that the school, as proposed in terms of design, complies with all the applicable zoning regulations, and the applicants have certainly done an admirable job in bringing that into compliance through a number of iterations. However, as part of our review of these special permits, the Planning Department has to in the end find that there are no adverse impacts on the surrounding area, so we have to conduct what we call a contexuality [sic] analysis or contextual analysis. And to that effect, we find that the traffic that would be generated by this school as proposed -- and when I say this school as proposed, I mean a school of roughly 1,500 to 1,700 students -- is simply not contextual. It would have an adverse impact if implemented on this site. Now a number of mitigating conditions: A traffic plan and numerous studies have been presented both by the applicant and by the appellants, each proving a different case. But if we were to take at face value the conditions imposed upon themselves by the applicants and their proffer, still the number of redesigns required would be significant. And in the end, I'd like to zero in on one important fact. One of the self-imposed -- proposed self-imposed conditions by the applicant states that they're willing to phase in the student population over a period of time in order to give the site a chance to work. However, the building of the school itself would all happen upfront. We frankly feel uncomfortable with a proposal that would have a building built to accept ultimately 15, 1700 students. They will tell you what number they have in mind, but it's around that area. So a school will be built to accept that capacity, and they would leave themselves exposed to having the City say after only 600 students are admitted that no more students are really acceptable because the traffic impact proves to be too much. That frankly puts us in a position -- we, the City, in a position to have to prove to the applicant and to everyone else that at some point in time a limit has been reached. And my experience with this item and my experience generally in my professional practice is that any series of studies can be presented by parties both in favor and against to show that capacity can be increased and capacity cannot be increased. Because I am uncomfortable with recommending that the phasing in take place in that fashion, at this point in time I would not be able to recommend approval of this proposed project as presented. And with that, I yield to the applicant and the appellants, and I'm certainly happy to answer any questions you may have. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. Last meeting that we actually spoke about this project -- and the reason why I say that is because it wasn't like the last meeting that we just deferred and so forth. When we actually -- you know, I think it was a seven -and -a -half hour discussion on the item. We ended by saying that we would want the applicant and the appellants to possibly get together and see if there could be some compromise. We said that after seven and a half hours of discussion and testimony and so forth that it is something that this Commission's not looking to City of Miami Page 113 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 entertain again. And what we want is to see if there's some type of compromise. Has the appellants and the applicant reached a compromise? Amy Huber: No, we have not. Vice Chair Carollo: Mr. Garcia, another thing that was spoke about is that if they don't reach a compromise, that it actually may be better to grant the appeal and have then the applicant just submit it to your office once again without prejudice. Do you recommend that? What is your recommendation? How do you think we should proceed? Mr. Garcia: Frankly, sir, that would be a welcomed solution by us. That -- I believe that this building or this -- these buildings, as they presently stand, could be redesigned to be built on a phased basis to allow not only the students themselves, but the building could be built over time and that would make it cleaner, so to speak, for us to be able to say at some point in time that's enough. More than that would really create a strain. That clearly would require a significant redesign and we feel that it would be appropriate for that redesign to be brought back to staff from the very beginning. I say that -- andl will add something else that may complicate this matter a little further andl would like for you to consider and for the City attorneys to give us advice on this as well. The issue then would be whether we are able to allow this application to continue to travel under 11000 under which it was originally filed or whether they would have to then come into compliance with Miami 21, which would be another matter altogether. That is once again something that I would seek the advice of the City Attorney office on. Vice Chair Carollo: Madam City Attorney, would they have to apply under Miami 21 then? Maria J. Chiaro (Deputy City Attorney): Yes. All of the requirements for Miami 21 would have to be met if this process were to start from the beginning, so there would be no ability to grant the appeal fl ithout prejudice'because we have changed the law in this City since the time the application was filed. Unidentified Speaker: HI may? Ms. Chiaro: If you wish to consider a new design, the -- this appeal could remain pending and the Commission could look at a new design and consider a new design when it made its decision on this appeal that is filed. But any new application would have to be under Miami 21, as I said. Mr. Garcia: Having heard that, sir, I would also offer for your consideration that it is not my opinion that Miami 21 would significantly disadvantage the applicants. I think in the opposite they could find additional tools under which to work under Miami 21 that may favor the two sides at play. So I submit that for your consideration. Vice Chair Carollo: Well, with your last statement then, I would prefer just to grant the appeal. And obviously, it's subject to the votes. I'm just one vote, but I would ask my colleagues to, you know, join me for grant the appeal and have them begin the process; therefore, all sides could speak. You once again because when all this was first turned into the Planning Department, I know it was under a different administration. It was not you. Andl think that way, you know, all parties, all sides could have ample time to speak and so forth and see if maybe a new plan is in order or not. And with that said -- andl know you stated it at the very beginning. Once again, I want to make perfectly clear that the issue is not a school in that location. I am in agreement with a school in that location. I think we are all in agreement with a school in that location. The issue is the size. So with that said, I make a motion to grant the appeal. Commissioner Dunn: Mr. Chair, second. Chair Gort: There's a motion by Vice Chairperson -- City of Miami Page 114 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Dunn: And I'm seconding. Chair Gort: -- Carollo and second by Commissioner Dunn. Further discussion. Carlos Gimenez: HI may, Chair? Chair Gort: Yes. Mr. Gimenez: For the record, Carlos Gimenez, with the law office of Becker andPoliakoff 121 Alhambra Plaza, 10th Floor, Coral Gables, Florida 33134. I'm here with my cocounsel, Iris Escarra of Greenberg Traurig, who I think has moved offices since the last time. Iris Escarra: 333 Avenue of the Americas. Mr. Gimenez: Here representingMater Academy andAcademica. You know, first and foremost, with regards to a granting of the appeal, the applicant is not going to cede its right to appeal this to circuit court under 11000. That's first and foremost something that you should understand. With regards to the design, we're comfortable with the design. We're comfortable with the phasing. It's a business model that we've utilized before. And we're completely comfortable moving forward in the manner, you know, that we've set forth in the documents provided to City staff through their review. Through every single step of this review, we've been in compliant [sic] with every single code requirement, every other administrative requirement. We are within the numbers provided by Miami -Dade County Public Schools. Again, this is a public school. It would allow Grade -A education to children in the neighborhood, not just one district, but actually multiple districts; provide a quality opportunity for education to the children of the City ofMiami; and frankly, every opportunity for good education is one that should be taken. You know, at this point, I actually would like to bring up, you know, the project architect to discuss, you know, the design and issues related to that. Tucker Gibbs: Mr. Chair, my under -- I represent the Miami Roads Neighborhood Association. I'm one of the appellants. My understanding is that this public hearing was closed in December and no new evidence, no new testimony was to be brought forth. And what wanted to do is object to the admission of new testimony 'cause you're opening up this entire issue again. Mr. Gimenez: With all due respect -- Chair Gort: My understanding, there was the -- excuse me. Let's get it all together. They've been sitting -- all of you have been sitting here all day long today, and l just allowed the attorney to make his presentation and think the district Commissioner made his decision and he made his motion. Now, if you're going to address us, address us on the issue of the motion that was passed, no new -- sorry. Mr. Gimenez: Well -- Chair Gort: That's the way it's going to be. Mr. Gimenez: -- one thing can address, which is something different than what was discussed before, is that the school has decided to unilaterally limit the number of students and reduce it from 1,700 as originally proposed to 1,482. That would be staggered and phased out as previously indicated by your Planning director. You do have a phasing plan that's included in your agenda package, so I'll refer you to that page. The first year would be a total of 900 students, 600 that would be arriving through either a parent vehicle, walking, cycling, private bus, et cetera; 300 that would be arriving through a shuttle service that would be based out of Vizcaya and/or the Brickell Avenue station. Now following an objective review of transit -- of a City ofMiami Page 115 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 traffic study provided after the first year, we then -- assuming that the review is -- shows that there's still adequate, you know, trips available in the area to deliver the students to the school, we would increase from 600 students that would arrive -- I'm sorry -- 650 students that would arrive through parent vehicles, walking, cycling, et cetera and 350 that arrive via shuttle. The same process would happen in year three. We'd go through a traffic study and analysis, which has objective data that professionals review on a consistent basis. The total number of students would then go to 1,200; 750 through parent vehicles, walking, cycling, et cetera; 450 through the shuttles at the Metrorail stations. The final year of the phasing, as we propose it, would again require the traffic studies, and we would increase the 1,482 -- 882 parent vehicles, walking, cycling, private bus service; 600 would come from the shuttles. Chair Gort: Okay. Mr. Gimenez: And this was done solely to show good faith with the neighbors in the area. Chair Gort: Okay. Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Mr. Gimenez: Thank you. Vice Chair Carollo: I stand with my original motion, granting the appeal and thereby denying the special exception under ordinance 11000 or ordinance number 11000. I just -- at the present time, I see no conditions that we can impose that will make this a workable project for the area. You've heard from the appellants in the previous Commission meeting, and it just -- you're so far off. So even though you showed some good faith, I think that right now at the present time there's no workable condition and we -- again, I move to grant the appeal and start over. Chair Gort: It's been moved and second. Commissioner Dunn: Second. Chair Gort: I'll give you a few minutes also -- Ms. Huber: It's just a point of housekeeping. Over the course of the last two months since we last met, City staff forwarded the traffic analysis by the applicant to the County, and since that time, the County has submitted multiple reports to the City. And l just want to make sure that those e-mails (electronic), dated February 23, 2011, from Harvey Bernstein with the County's Public Works Department, as well as an e-mail received last evening, March 23, 2011, from Jeff Cohen, as well as, my understanding, several other e-mails today are included in the record of this proceeding because it's further evidence that this application should be denied and the appeal should be granted. Thankyou. Mr. Gimenez: Well, actually, we're -- ifI may respond to that. We're actually handing out an e-mail now from the director of Public Works in Miami -Dade County which does not concur with the comments made by counsel. Thankyou. Chair Gort: Okey-doke. Thank you. It's -- we'll now close the public hearings [sic]. We have a motion and a second. Any further discussion? Any further discussion? (UNINTELLIGIBLE) is a resolution, all -- Ms. Chiaro: This is a resolution on the appeal that is item number PZ.9. You will need to make an identical reso -- motion on PZ.10. City of Miami Page 116 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: Okey-doke. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Commissioner Sarnoff.. I also want the record to reflect on my vote that I did not consider any extraneous testimony from today or any exhibits or things that were placed into the record today. Chair Gort: Okey-doke. Thank you. Vice Chair Carollo: Whatever. Chair Gort: PZ.10. Yes. Commissioner Dunn: Break that down for me, please. Commissioner Sarnoff.. I -- somebody just handed us stuff. Did you consider it? Vice Chair Carollo: No. Commissioner Sarnoff.. I think your record should reflect that. Vice Chair Carollo: Okay. PZ.10 RESOLUTION 10-00044x-a A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. City of Miami Page 117 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 10-00044x-a CC 03-24-11 Fact Sheet.pdf 10-00044x-a ZB Appeal Letter. pdf 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map. pdf 10-00044x Miami 21 Map.pdf 10-00044x ZB Reso.pdf 10-00044x Letter of Intent. pdf 10-00044x Application & Supporting Docs. pdf 10-00044x Plans.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x-a CC Legislation (Version 3).pdf 10-00044x-a CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf 10-00044x-a-Submittal-Carlos Gimenez.pdf 10-00044x-a-Submittal-Carlos Gimenez-Proposed Declaration of Restrictive Covenants. 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-11-0133 Note for the Record: Please refer to item PZ.9 for minutes referencing item PZ.10. Vice Chair Carollo: PZ.10? Chair Gort: Yes. Vice Chair Carollo: And PZ.10, I make the same motion, granting the appeal, and for the same reason. Commissioner Dunn: Second. Chair Gort: There's a motion by Vice Chairman Carollo, second by Commissioner Dunn. Discussion. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Vice Chair Carollo: Thank you. Tucker Gibbs: Thank you all very much. Amy Huber: Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO City of Miami Page 118 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 M.1 11-00242 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FORA FIFTEEN (15) YEAR INITIAL TERM WITH UP TO THREE (3) OPTIONS TO RENEW FOR TERMS OF FIFTEEN (15) YEARS EACH, WITH OLYMPIA CENTER, INC., A FLORIDA AND FEDERAL NOT -FOR PROFIT ORGANIZATION FOR THE DEVELOPMENT, MANAGEMENT AND USE OF THE HISTORIC GUSMAN CENTER FOR THE PERFORMING ARTS AS A CULTURAL AND EDUCATIONAL FACILITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENT(S) FOR SAID PURPOSE TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE CITY'S OBLIGATION UNDER THE SUNSHINE STATE LOAN POOL PROGRAM AND THE CITY'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM SUBJECT TO AN APPROVING OPINION OF BOND COUNSEL. 11-00242 Legislation.pdf 11-00242 Exhibit 1.pdf 11-00242-Submittal-Email Correspondence Regarding Amendment to ManagementAgreement.pd Motion by Commissioner Sarnoff, 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-11-0113 Chair Gort: Mr. Mayor, like to be recognized? Mayor Tomas Regalado: Thank you. Thank you very much, Mr. Chairman, Vice Chairman, Commissioners. Today is a good day for the City of Miami for the present and future generations. I'm here to present to you a resolution that has been in the works for many, many, many month [sic]. Andl have to say that what we are about to vote on it -- you are about to vote on it -- is the perfect example of private public partnership in these difficult economic days for governments. As you all know, several month [sic] ago we came to you to present to the Commission a plan to once and for all solve the issues of the Gusman Theater, Olympia. Today, after many, many hours of hard work of the City Attorney's office -- andSasha), thank you, and Maria and Julie, and the work of Herman Echevarria and his pro bono team, we are ready to approve, if you will, the transfer of the Gusman from Miami Parking Authority to the City of Miami andfrom the City ofMiami to a non -for -profit, Olympia Center, Inc. The resolution reads, a resolution of the Miami City Commission, with attachment, authorizing the City Manager to execute a management agreement in substantially the attached form for 15 years initial term with up to three options to renew for terms of 15 years each with Olympia Center, Inc., a Florida and federal not -for -profit organization, for the development, management, and use of the Historic Gusman Center for the Performing Arts, as a cultural and educational facility; authorizing the City Manager to execute all other necessary documents for said purpose to comply with requirements of the Internal Revenue Code of 1986, as amended, the City's obligation under the Sunshine State loan pool program, and the City's Homeland Defense/Neighborhood Capital Improvement Bond program, subject to an approving opinion of bond counsel. What this does is that this allows (UNINTELLIGIBLE) for the group of residents City ofMiami Page 119 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 and citizens to participate in a private sector fundraising effort as we have not seen in Miami for many, many years. And this effort will not only guarantee that the Gusman will be a venue that will be used by the community, but will enhance the area of downtown Miami with many, many wonderful ideas. I would like to thank Commissioner Sarnoff because it's in his district and his office and himself have been very, very engaged in this project. And ifI may, Mr. Chairman, I would like to ask Herman Echevarria, which is the person that actually today is writing the first check, but he has put together a team of community leaders, people that really care about history and the future and the present of downtown Miami. And he has brought a team of professionals, attorneys, and CPAs (Certified Public Accountants) that, pro bono, are working for the Trust. And we believe that we are modeling this trust as the Arsht Center trust that has work very, very well for the Arsht Center. So, Herman, if you may. Herman Echevarria: Good morning, Mr. Mayor, Mr. Chairman, Vice Chairman, members of the Commission. Today is a wonderful day for the City ofMiami, and a day that gives me a great deal of relief that we can start a new era for the Gusman Center. Many month [sic] ago when this whole issue about closing the Gusman Center came about, I approached the Mayor and the Commissioner. And after speaking to several members of this community, business leaders, we all said it will be a terrible thing to do, to close a place that has so much history, that it means so much for the City ofMiami. And with the help of the City ofMiami, the Law Department -- I want to recognize an individual that has given tremendous amount of efforts and hours of his own law firm pro bono to accomplish this agreement that has taken a few month [sic] but we finally got it done -- Attorney Ralph Paterno, who is here today. I also would like to commend Art Noriega, who's been instrumental in guiding us through this whole process since the Parking Authority was the entity that used to manage -- or managed this facility, and obviously the City ofMiami Law Department, and -- that has done a tremendous job. All can tell you is that today we will initiate a fundraising effort in bringing a group of leaders that are going to commit to donate, over a period of five years, $10, 000 a year, $50, 000. We expect that within 30 days, we will have over 50 members of this community that have signed a agreement -- this is not about I'm going to give and then tomorrow I don't have. They're going to be signing an agreement. And one of those members that have already given me a commitment is Emilio Estefan, and there's going to be some very important people that can bring a great deal of experience and knowledge to this whole institution. As we move forward, we will keep this Commission informed and the community informed of how we're putting this whole fundraising effort together. But I can tell you that I urge each and every one of you today to approve this resolution. Mr. Mayor, thank you. Commissioner, thank you. All of you, thank you. Chair Gort: Thank you. Mayor Regalado: And Commissioners, I think it -- this is important. We just recently had to approve your -- seek your approval for funds so we can keep the Gusman open. The worst thing that could happen to the City ofMiami would be to close the Gusman for lack of funding. And this is a spectacular venue. And with this partnering with the private sector -- and know personally already of like 20 individuals that are already signed the agreement with Herman and the Trust and many more to come. And there are people that are really willing to participate and looking for more donors. We believe that this will make the Gusman economically feasible and sound for the years to come, and it is to us very important because it would be marketed more throughout the -- What Herman didn't mention is that he has extraordinary connections with the mass media. And he has already obtained pledges of marketing and promotions also as a donation from many, many media outlets in South Florida, which will certainly bring more people and more productions to the Gusman and to downtown Miami. I think that this is one of the best news that we have heard in the last month in South Florida, and finally this is done. So I respectfully request your support for this resolution. Commissioner Sarnoff. Mr. Chair. City ofMiami Page 120 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: Thank you. Yeah. Commissioner Sarnoff.. I'd like to make a motion -- Commissioner Suarez: Second. Commissioner Sarno:I -- for discussion. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Suarez. Since you were a part of the instrument, can you explain -- elaborate a little bit more on the -- how it's going to be run and so on? Commissioner Sarnoff.. Well, I'll leave the -- the elaboration is for the detail of the document. Essentially, as we all know, we're going to be now the owner of the fee simple absolute, so that means we own the Gusman, but -- andl don't know how to refer to it other than Herman Echevarria's group will be the trust of that particular (UNINTELLIGIBLE). And they will fundraise for it and they will actually operate it. And to understand his planning is to go into the detail of the issue and see how he's gotten commitments from various wealthy people in Miami, wealthy corporations, people that have an interest in seeing the downtown flourish and understanding the Gusman is probably the aorta of the downtown. It is smack dab right in the middle. It is something that if it expands, and if it is successful, Flagler is successful. If Flagler is successful, Biscayne Boulevard becomes successful. It's almost like a good virus spreading throughout. If you look at the detail of his plan, he even includes a trolley system in there. That trolley system would be attached to a naming right. Let me go to -- ifI could, 30,000 square feet above and just put it in a little bit of perspective. I think first and foremost we have to thank the Mayor ofMiami for his vision and his coordination for doing this. He took it upon himself. He did not want to see the Gusman close. He worked very closely with District 2. He invited a man who I didn't know, Herman Echevarria. I have no idea why a man wants to play baseball with two outs in the ninth inning and the team behind by about six runs. But Herman came in and said, I can do this. And just so you know, I didn't just leave it to Herman because there are other institutions out there that thought should and could have helped. And as each one of them got up to bat, they said, no. That fast ball's way too -- that's way too much for me. I have no intention of getting in the batter's box, but Herman did. And he got up with his team with two outs in the ninth inning, behind six runs, and he scored seven -- seven runs came in. And it's a tribute to him as a man and it's a tribute to -- here's the real tribute. Herman, as far as I know, has no real deep-seated connection to the City ofMiami. And his group has no real deep-seated connection equally to the City ofMiami. So we have a person who is sort of new to us coming and saying, I'm going to infuse new blood I'm going to infuse new ideas, andl'm going to be right smack dab in the middle of the central business district in the greatest city in all of Florida, andl'm going to bring some ideas that is going to bring diversity, culture, and a whole appetite -- or satisfying a whole appetite that I don't think downtown really quite satisfies just yet. I mean, I'm excited from the financial aspect of this because the public private partnership is extraordinary. It is modeled very much after the PAC (Performing Arts Center), but I'm probably more excited from I think where this is going to go in terms ofMr. Echevarria and his group bringing a new vitality to downtown, a whole new attitude to downtown. Andl think the diversity that he brings and the fresh eyes -- because he's not one of these downtowners, and he's going to bring a whole new set of criteria and circumstances to downtown that I think is just going to be a great, big mix. In Louisiana, they call it a great jambalaya. Andl give you credit, Mr. Echevarria, because I got to tell you, I don't know who would come in and step up to the plate like you did and hit the ball out of the park as you've done. So my hat's off to him. Chair Gort: Thank you. Any other Commissioners? Vice Chair Carollo: Mr. Chairman. City ofMiami Page 121 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: Yes. Vice Chair Carollo: Thank you. You know, a few weeks ago, there was question as far as where are our leaders in the City and in this community. Andl really applaud Mr. Herman Echevarria for leading the effort in the fundraising and to save the Gusman. At the same time, all the people that have pledged and hopefully are -- it's not just a pledge, that they actually do commit and fulfill their commitments are also leaders, andl applaud that they are coming forward and saving the Gusman. So I will be supporting this 'cause I think it's a good thing. I applaud everyone involved. I applaud everyone that had any part to do with this because it truly is great for the City ofMiami. And the only thing ask my colleagues is reading the attachment -- the agreements, there's a couple of areas that would ask for a friendly amendment, and it's just that I don't think that this Commission should relinquish their powers in certain areas. For example, in the option to extend. In the option to extend, it says that the City Manager has that option, and think it should be City Manager with -- subject to City Commission approval. So I don't know how to amend that. It's on page 2 of 45. Mayor Regalado: Commissioner, it makes sense. It makes sense because the Commission is really the stakeholder -- Vice Chair Carollo: Exactly. Mayor Regalado: --from the people ofMiami, so it makes a lot of sense. And we totally agree with you. Vice Chair Carollo: So I will make that friendly amendment. It's on page 2 of 45, where it's option to extend for an additional 15 years or three additional 15 years. Chair Gort: Right. Vice Chair Carollo: I want it to be subject to the City Commission approval. Chair Gort: Agree. Vice Chair Carollo: And there -- Commissioner Sarnoff.. Maker accepts. That's a -- maker accepts. Chair Gort: Second accepts? Commissioner Suarez: Absolutely, yes. Chair Gort: Okay. Vice Chair Carollo: There's one more that I also want to point out. And again, I ask my colleagues to support this. As far as amendments, on page 37 of 45, once again, similar to my other concern, it says the City Manager's authorized to amend or modify this agreement on behalf of the City without further approval of the City Commission. Again, I don't -- I wouldn't have a problem if any amendments need to be made. However, I feel that instead of without further City approval -- I'm sorry, without further approval of the City Commission, that it's with approval of the City Commission. Mayor Regalado: Commissioner, I do agree with you because this is a regional issue and the full board of Commissioners should be a part of the conversation for any changes, so I totally agree with you. And I'm sure that -- City ofMiami Page 122 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Suarez: I accept. Mayor Regalado: -- the District 2 Commissioner -- Commissioner Sarnoff. Maker accepts. Commissioner Suarez: I accept. Mayor Regalado: -- will be fine -- Chair Gort: Second accept? Mayor Regalado: -- and the Administration -- Commissioner Suarez: Yes. Chair Gort: Okay. Mayor Regalado: -- and the Law Department is fine with that. Vice Chair Carollo: And thank you. I appreciate my colleagues, you know, hearing me and supporting me in these two amendments. And with that, I'm ready to vote. Chair Gort: Thank you. Anyone else? Julie O. Bru (City Attorney): Mr. Chair. Chair Gort: Yes. Ms. Bru: Just for the record before we vote, the resolution spoke about subject to an opinion from bond counsel. We already have that, and I'd like to just make sure that it's placed on the record. They recommended that the language that they want included in this document be placed on the record. If you may allow me, I'm going to read it into the record. We're distributing it for you to review. So we would be placing in this agreement the following language. In accordance with Treasury Regulation Section 1.141-4(c) (3) (v), it is the expressed official intent and expectation of the City that any capital improvement provided to the property by the provider during the period of this agreement is in effect shall be the result of expenditures made by the provider out of his own funds pursuant to the provisions of this agreement, and as such shall be allocated through the provider's equity funds rather than the funds of the City. Since the provider is expected to make all payments from its own funds for these capital expenditures at the time the expenditures are incurred, it is expected that all such private payments for capital expenditures for improvements and capital repairs and renovations will be made by the provider not later than 18 month [sic] after the later of the date the expenditure is paid or the date the improvements are placed in service. Thank you. Commissioner Suarez: I accept. ChairGort: Thank you. Accept? Commissioner Sarnoff. Maker accepts. Chair Gort: Okay, everybody accepts. You want to speak on this item? Joe Simmons: Yes, sir. City of Miami Page 123 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Chair Gort: It's not a public hearing, but I'll let you speak, yes. Go ahead, two minutes. Mr. Simmons: Joe Simmons, Jr., president of Sanitation Workers, City ofMiami, AFSCME (American Federation of State, County and Municipal Employees), Council 79, Local 871. I've been standing by probably the last four months waiting, waiting, waiting. The new Manager apparently don't like the old labor agreement that we have and nobody has put this forward. We've put countless hours in - contract labor negotiations -- Chair Gort: Are you addressing --? I'm sorry, are you addressing this issue? Mr. Simmons: I don't think you should vote on this item simply because it's a slap in the face to the sanitation workers by continually not respecting their wishes. Their wishes were -- they ratified their contract in January. We've been waiting -- there's a provision in the new agreement to reopen in April. The Manager has not put it forth on the agenda. I've contacted him numerous times and we just need to move forward. There's a provision April 1 of a reopener for health, pension, and wages, which we agreed to. We cancelled two litigation cases through out -- through their outside counsel in exchange for an agreement. But we need our contract put forth on the agenda so we can move forward. I think it doesn't make sense. Chair Gort: Thank you. We got your message. Thank you. Mr. Simmons: Thank you. Chair Gort: At the same time, let me state, I was one of the few persons maybe here that visit Gusman quite a bit. A matter of fact, I saw Elvis Presley at Gusman at one time. I think it's -- I don't believe you can find a theater as beautiful, as well designed as the Gusman Hall in the whole nation. I mean, that's a jewel that we never really utilized and maximized the use of that theater. Therefore, Herman and your group, I thank you all for bringing together -- and most important, Emilio Estefan, I mean, we all know these are the people that can put shows together. These are the people that can bring the right stars to the Gusman so they can have activity every night. This is what we've been working for a long time, have people walking into downtown, being in downtown at night, being all over our neighborhoods. And for that reason, I'll be in support of this. And the -- to the gentleman that spoke before from the union, that's something that we're going to bring back. I assure you we will. We'll address it later on. Yes, sir. Commissioner Dunn: Thank you, Mr. Chairman. I, too, support this item for a multiplicity of reasons. I believe it is synon -- first, let me thank Mr. Esocovir [sic] and all of his team and those who worked so diligently to bring this into fruition. There's an old adage, put your money where your mouth is and you've done just that. And as my colleague, Commissioner Sarnoff said, you know you -- it's great risk involved. I believe the Gusman is somewhat synonymous to the Fox Theater in Atlanta or in Detroit. It is a centerpiece of downtown. And as much as I love the Arsht Center and I think it speaks for itself, as much as I love having attended plays at the Gusman and even going to the Knight Center, it is really built for those type of activities. Even dating back when it was reopened, I believe, in '71 -- I don't -- I'm not sure -- '71 or '74, my mother was a candidate for her master's degree in music at the University ofMiami and she sang at the Gusman the opening night when -- and it was so exciting. I was a kid looking up at the ceiling and seeing the actual stars in the ceiling. I thought that was pretty cool. So I think this is just a wonderful -- as already been stated. It creates a synergy that's necessary for building the world -class status that we want in the City ofMiami for nightlife and especially in the center of downtown. So I say thank you. Chair Gort: Okay. Any further discussion? This is a resolution. Any -- no further discussion. All in favor, state it by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 124 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Priscilla A. Thompson (City Clerk): And it has been adopted -- Chair Gort: Thank you. Ms. Thompson: -- as modified. Chair Gort: Thank you. Mayor Regalado: Mr. Chairman, Commissioners, thank you very much. I think that -- and now we're going to work with Herman and his PR (Public Relations) mind to have sort of a ceremony where not only people related to the Gusman, but all the stakeholders of downtown should be there because this is a homegrown -- as you said, Commissioner, for downtown Miami and for the City of Miami and for all South Florida. The Gusman lovers live throughout the South Florida area, so the City ofMiami is giving the community as a whole the crown jewel of the venues in South Florida. Mr. Echevarria: Mr. Mayor, ifI may. Just -- I want to thank the Commission, the Mayor. By the way, Commissioner Sarnoff, my business is in the City ofMiami, and in your district. I think it's 848 Brickell Avenue. I think that's your district, if -- Commissioner Sarnoff. I apologize. Mr. Echevarria: But I want to thank all of you. But let me say that we have a task before us, not just the private sector, but the public sector because we can raise all the money in the world to maintain an operation, first-class operation, market downtown Miami with the Gusman Center, but there is an issue, which is a capital improvement that needs to be done now, not patch it up like it's been done in the past, of about $10 million thatl can assure you thatl will be coming before this Commission and Miami -Dade County Commission and anywhere thatl need to go and speak and ask for your assistance in helping us reaching out and finding formulas how we can fix this place and make it a first-class center in the downtown Miami. Thank you. Commissioner Sarnoff. Thank you. Chair Gort: Thank you. M.2 ORDINANCE 11-00245 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED, MORE PARTICULARLY BY CREATING A NEW DIVISION 8, ENTITLED " TEMPORARY VACANT STOREFRONT WINDOW SIGNS" TO DEFINE TEMPORARY VACANT STOREFRONT WINDOW SIGNS AND TO ALLOW FOR TEMPORARY VACANT STOREFRONT WINDOW SIGNS IN CERTAIN TRANSECT ZONES; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-00245 Legislation.pdf 11-00245 Legislation (Version 2) 04-14-11.pdf 11-00245-Submittal-Inwindow Outdoor.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. City ofMiami Page 125 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item M.2 was deferred to the Commission Meeting scheduled for April 14, 2011. Mayor Tomas Regalado: Okay. Chair Gort: Okey-doke, consent agenda. Do I have a motion? Commissioner Sarnoff. So move. Vice Chair Carollo: Mr. Chairman. Chair Gort: It's moved by Commissioner Sarnoff, second by -- Mayor Regalado: IfI -- Vice Chair Carollo: No. There's actually -- Chair Gort: Oh, you got another one? Okay. Mayor Regalado: No. I was going to ask Mr. Chairman and Commissioners to -- we would like to defer to the first meeting in April, M.2, which is the window dressing. The Planning Department is -- Commissioner Suarez: Tweaking it. Mayor Regalado: -- trying to do minor changes, and we didn't want to bring this with the minor changes even. So we got time, andl respectfully -- Vice Chair Carollo: So move. Commissioner Suarez: Second. Mayor Regalado: -- request -- Chair Gort: It's been moved and second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Okay. END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF City of Miami Page 126 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 D2.1 11-00174 D2.2 11-00212 DISCUSSION ITEM DISCUSSION REGARDING SPECIAL EVENTS FEES. 11-00174 Email -Special Events Fees.pdf DISCUSSED Vice Chair Carollo: Let's move on. Should we go to district item in -- the blue pages in District 2, Commissioner Sarnoff, or do you want to go with PZ (Planning & Zoning) items? Commissioner Sarnoff. If you'd like, I could do District 2 very quickly? Vice Chair Carollo: Yeah, let's finish with the blue pages. That way we could -- Commissioner Sarnoff. I think -- Mr. Vice -- Mr. Chair, D2.1 was already done. I think we discussed the special event fees when we were discussing that particular issue. DISCUSSION ITEM DISCUSSION ABOUT FENCING AROUND VAGABOND MOTEL. 11-00212 Email Vagabond Motel.pdf DISCUSSED Chair Gort: Where are we? Vice Chair Carollo: We're in -- Chair Gort: PZ (Planning & Zoning). Commissioner Sarnoff. D2.2, Mr. Manager -- I'm sorry, Mr. Chair. D2.2 is a discussion about fencing around the Vagabond Hotel. I'm hoping -- you've done a lot of work to get the necessary, what do we call it, blocking of the entranceways. Are we going to be able to put a fence anywhere on the property to prevent --? Sergio Guadix (Director): Commissioner, Sergio Guadix, with Code Enforcement. Yes, it is part of the original PO (Purchase Order). They have finished doing the blocking of the whole entire first floor and also the stairs 'cause that was left out, but just today he was working on getting those stairs so that they won't go to the second floor. Now, the second part of it now will be to put the fence, but they're also going to be drain -- the pool has been drained. They got to put sand on the pool. Those things are all part of the PO, yes. Commissioner Sarnoff. Okay. Thank you very much for letting me know, Mr. Guadix. Mr. Guadix: You're welcome, Commissioner. Commissioner Sarnoff. Thank you, Mr. Chair. Chair Gort: Okay. PZ. Do we need a motion on this? Commissioner Dunn: Oh, so move. Chair Gort: It's been moved by -- City of Miami Page 127 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 D3.1 11-00257 Vice Chair Carollo: Do we need a motion? Chair Gort: -- Commissioner Dunn. Commissioner Dunn: What is the --? The one just -- Vice Chair Carollo: We don't need a motion. Chair Gort: We don't need a motion? Commissioner Sarnoff. No, no, no. They're doing it. I just wanted -- it's a discussion item. Chair Gort: Okay. I thought you were going to close the -- you needed a motion to close the -- Commissioner Sarnoff. No, no. He's -- Vice Chair Carollo: No. Chair Gort: Okay. All right. END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO DISCUSSION ITEM CONCERNS REGARDING THE LACK OF APPROVAL OF THE CRA BUDGET BY THE CITY COMMISSION, AFTER NEARLY SIX MONTHS INTO THE CURRENT YEAR. 11-00257 Email - Discussion- CRA Budget.pdf WITHDRAWN Chair Gort: PZs (Planning & Zoning)? Vice Chair Carollo: No. Before -- I have a discussion item thatl am going to just withdraw. I put it on the agenda prior to seeing the actual agenda 'cause I didn't see it in the draft. So I went by the draft agenda and obviously I had to put it in to beat the five-day rule. And once I put it in and the final agenda came out, I saw that it was there, so I'm withdrawing my discussion item. Chair Gort: Okay. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 City of Miami Page 128 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 D5.1 11-00256 COMMISSIONER RICHARD P. DUNN, II DISCUSSION ITEM IN RESPONSE TO DISTRICT 5'S COMMUNITY CONCERNS, AN OPEN DISCUSSION REGARDING THE RESULTING CONSEQUENCES OF THE RECENT POLICE SHOOTINGS. 11-00256 Email - Discussion- Police Shootings.pdf 11-00256-Email Correspondence -Miami Police Data.pdf DISCUSSED Commissioner Dunn: Mr. Chair, to my colleagues, to those who are attending this meeting, the family members in those police -involved shootings, as well as those of you who are here. Let me -- first of all, I wanted to sort of set the parameters for this discussion because I believe some, perhaps, have misconstrued what this is about. This is about really the first Constitutional amendment of the freedom of speech. We have had numerous calls, contacts from individuals in my district. And just today, on several occasions, I've heard that -- it has been stated that, you know, we've got to broach this before my community residents. I think just in RE.1, we talked about -- that was an issue that was made. And so these are the kinds of things -- while some of you may not encounter specifically what I'm encountering in my district, it's still relative. It's relative because it involves the residents of my district. Whether you agree philosophically or technically or from a law enforcement perspective or not, these are the residents that I have been elected to serve. And whenever the residents whom I've been elected to serve have issue, it is my sworn duty to at least represent what they're saying. And to some, to a very large extent -- andl don't want to get into that because I -- everybody pretty much knows my position on the police chief. It has not changed. I stated some things over two months ago and some things occurred that negatively affected this City prior -- I mean, after stating those same claims at this meeting. This is not my issue. This is my responding to the families of those victims who have been killed in these police -involved shootings, so I ask that you would consider them. And at the same time, I want to ask that we would not make this personal; I've stated for the record. Andl say that to you, Chief. I have nothing against you personally. It is a professional position in which you know previously we've talked about, and just for the record, that we disagree on a whole lot of things as it relates to policing in District 5, which is the district that I serve. Additionally, this morning, Vice Chair Carollo, just as you stated about the parks, this is relative to that kind, but even more because now it involves human lives. It involves a historical challenge across America, and this is -- and l feel disrespected when I see other Commissioners getting at least their concerns addressed andl'm screaming and hollering trying to support the chief as I did, and those same concerns fall on deaf ears. So with that being said, I'm going to turn it over to the family because, again, they've asked to be heard. They came at the last meeting we had; it was not the appropriate time. We missed the timeline. However, I want to thank the Chair and this Commission for allowing this to come on as a blue page. I would ask again that any speaker that speaks -- and the family has specifically given a list of names. This is not something that we want to turn into a public tit for tat. I would also ask that those who may or may deem -- may or may not deem it necessary to respond from the City, representing the City side, please understand all of the issues that are involved or the legalities may -- that may be, and in many cases, some reports have not been concluded. I'm talking about from the City's perspective. So I wanted to set the parameters. This is not -- I'm not trying to fight the chief. I've stated my position. It has not changed. So I think that's clear. Even as it relates to the media, you don't have to ask me what's my position; I've stated it. It has not changed and it is not going to change for the prestated reasons that I've already stated. But again, this is not my issue. I'm representing -- allowing the people that I represent to state their concerns and their issues. And at the end of the day, if we look at it honestly, they've lost -- right, wrong, or indifferent -- more than any of us sitting up here. So with that being said, the names thatl have to speak-- andl'm going to ask City of Miami Page 129 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Reverend Anthony Tate -- I believe he's the first speaker. There's approximately 11 names. We're going to try to do this in a -- each speaker -- some may be a little longer than others -- approximately three minutes; some hopefully will do two minutes, which is the normal allotment of time that's given. Reverend Tate. Antony Tate: We want to thank you, Commissioner Dunn, for the opportunity. We want to thank the Commission and the City Manager for the opportunity of coming before you to hear (UNINTELLIGIBLE) and listening to our concerns. I am Reverend Anthony Tate. I am the president of PULSE, People United to Lead the Struggle for Equality. We're a 30-year-old civil rights organization. PULSE was organized shortly after the McDuffie riots in the 1980. Police shootings are not new in our community. In 1997 through 1999, our organization dealt with the same problems we are dealing with today. We met with U.S. Attorney Guy Lewis and had the City ofMiami Police Department investigated and 11 -- and officers was arrested, found guilty. Today we're pursuing justice in the shooting of seven black men in District 5. Our fight is for justice. Let us make it clear that we are not going away. This is a serious matter. And we're here to try to prevent other killings and bring these officers to justice. Quickly, the statistics that was given to the community by a Paul Phillips [sic] clearly stated that there was 15 shootings under Chief Timoney andl believe 12 shootings under Exposito -- no. Fifteen -- yeah, 15 under Timoney and 12 under Exposito. However, the same data we analyzed, it shows that six of those fifteen were killings of dog -- shootings of dogs; two was mis -- three of those shootings was mis - - subjects that was missed; two winded up in two African Americans dying in District 5, two was accidental discharging a firearm, one was a Latin male killed, and one was a Asian male killed. So nine out of these -- actually, eleven out of these fifteen has nothing to do with -- really not human related when we talking about bodies. Under Chief Exposito, we have seven African American men dead. Under Exposito, we have -- we had 13 shootings; one accident shooting; one dog shooting; seven men killed; one wounded; one missed they subject; and one unknown. That's totally decent from what was presented to the -- from the CRB (Community Relations Board). So we're -- in a sense, six dogs, seven men, seven African Americans. How do - - you can't compare that? I'm upset and I'm appalled by that. This is a travesty ofjustice. And I'm here today to say that the people in District 5 will not stand for it anymore. We will see this end. We met with the U.S. Attorney and we are optimistic about our meeting, and we are going to pursue this to the end. We need action. We're here today for something to happen. Seven murders; eight months; nothing has happened. Nothing's taken place in District 5. Next, I'm going to render the floor to Ms. Sheila McNeil, the mother of the last victim, Travis McNeil. Ms. McNeil. Commissioner Dunn: Andl would ask those who are scheduled -- who have been asked to speak by the family, would you please line up. Also, Mr. Fernando Gonzalez, I will call you at the appropriate time. Mr. Tate: Mr. Commissioner, the last speaker that we will have will be from the ACLU (American Civil Liberties Union). Commissioner Dunn: Right, right. I understand. Mr. Tate: Okay, okay. Sheila McNeil: Good afternoon, Commissioners. I appreciate -- Commissioner Dunn: Look -- speak into the mike, baby. Ms. McNeil: -- the opportunity to come to you and speak this afternoon. My heart is heavy. I'm filled with a whole lot of questions and frustrations about the incident that took my son's life 'cause I know and you know there's no way a ordinary traffic stop, or whatever took place that night, should have resulted in the death of my son and the shooting of my nephew. The boys City ofMiami Page 130 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 were unarmed and there were no drugs or anything of that sort found in the vehicle, so I'm still trying to figure out why is my child dead. It should not have taken seven young men to lose their lives before any of this took place. The first shooting should have been looked at a whole lot more carefully and then maybe my child would have still been alive today. I was appalled when I heard Mr. Felk's explanation -- or Mr. Phillip's explanation 'cause we were looking for someone to come at us with a bias -- an unbiased opinion about what was going on here in our city, but what we got were a bunch of numbers and explanations that just was very insulting to myself and my family. For him to come -- stand before us and tell -- belt out statistics about the shootings, and it was obvious to me that he was brought in as a smoke screen. I sat there andl listened andl still -- I just -- I became very angry, andl apologized to him later on because I said some things that -- I just got tired of hearing him tell us things that him, as a father -- and I know all of you have to be parents. For him to come to us and tell us these things as a father or a parent, it was just sad, you know. I'm looking for no more than any other parent would look for. I want to know what happened to my child. Why is my son dead? I have -- I know in some of the cases, there were young men that may have had weapons on them. I'm not even sure about it. But I know for a fact that my child did not have a weapon and he was killed sitting inside his vehicle. I have questions about the crime scene. Why was it dismantled so quickly? I just don't understand. I've lived Overtown. I've seen murders -- you know, seen sets where people been dead in the streets and lay there for hours. My son was dead at the scene, there's no question to me about that. I was told by the doctor that he was killed instantly. And for whatever reason they did -- whatever reason they used to move his body, that's something you guys will have to figure out. I just need some answers, like any other parent would want, like you would want. You want to know if -- if this had been one of you this happened to, I'm pretty sure you would have wanted some answers. Today I know no more about what happened to my child than I knew the night that he was murdered. I felt disrespected then because I was never officially notified that my son was even shot. I found out by going to the hospital to take care of -- to see about my nephew. He was concerned because he was shot three times and he could not get anybody to tell him what happened to my son, his cousin, Travis. He asked me to come to the hospital. I was there over an hour and a doctor was the one who came out and told me that my son died on the scene. My son laid in a room in the back. They told me my child had already been taken to the morgue. It took days before I could actually see my son. I saw my son Sunday morning. He passed Thursday night. I just feel mistreated in so many ways by these people who are sworn to protect and serve us. I have grandchildren that I've always taught if you ever in any trouble, you find yourself an officer and he'll help you, baby. You can always count on the police to help you. Now these same kids are coming to me and asking me questions about what happened to their uncle. They hear the news. We don't openly talk about what happened around them because I do not want them to lose respect for the law. All policemen are not bad. But just like any other profession; you have good and you have bad people in it. And I'm -- this guy who killed my son, I don't know what happened. Was he afraid? Or what happened. But you can't tell me my son did anything to provoke his death. My cousin is an ex -officer. After the first shootings, my boys and my nephews were schooled on what to do and what not to do by her. When you stopped by the police officer, you put your hands on the steering wheel and you follow the commands of those officers. Now my son's hands were on that steering wheel, and when he died -- I don't care what any officer or anybody else can tell you -- he died. He was hit in his chest and he died instantly. My nephew was shot three times. He had a defensive wound on his arm. I just need some answers. I want to know what happened that night. I know I probably will never know because just like any other profession, you guys are going to look out for your own. I expect that. But I also expect a certain amount of decency when it comes to explanations about the taking of a human iife. You can't tell me that you don't see a pattern of things that are wrong going on in our community. It shouldn't have took seven deaths for anybody to be concerned about what's happening. And that's all wanted to say. I appreciate you guys. Commissioner Dunn: Thank you. Chair Gort: Thank you. City of Miami Page 131 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Patricia Gail Rice: Hi. My name is Patricia Gail Rice. I'm here on behalf of the McNeil family. We, as a family, all want to know who's policing the police. Do you know what's going on in your police department? Chief Exposito and/or his assistant has stated that there are no qualified African -American officers to command the Overtown area. What criteria does the chief use to determine whether an officer is qualified or not, especially for a promotion? Assistant Chief Jose Seiglie was promoted from sergeant to major to assistant chief in a year. He had no prior commander experience. Lieutenant Lorenzo Whitehead was a commander in the Model City area and he was moved to Coral Way as a commander. Now he's a lieutenant in the Overtown area. Dana Carr was a sergeant promoted to commander, who is now in the Model City area. Anita Najiy is a lieutenant. She's more qualified and has a higher rank than Dana Carr, but she was not promoted. She could have been promoted and moved to the Model City area. Dennis Jackson was promoted on Monday, and on Tuesday of the same week, he was demoted. Chief Seiglie was major over the Tactical Operations Services, TOS for short, until December of 2010, and then he was promoted to the chief of the Criminal Investigations Division. Members of the TOS were involved in six of the seven recent shootings. Now here's the chief of the division that's assigned to investigate the shootings. He's investigating his own men. Normally, when there's a task force or any type of tactical specialized unit, you grow a strong bond, you become very close. An independent investigation should have been called for, such as FDT,F (Federal Division of Law Enforcement). They could have came in and do an investigation so that you would avoid any appearance of any type of impartiality or any improprieties. Chief Exposito created TOS after his tenure began to combat violent crime in the area. However, there's a net increase in crime and more police shooting deaths since the tactical units were implemented. Every police -relating shooting since Chief Exposito was appointed occurred in District 5. Why? Is there no other crime in the City? Recent shooting death all involved Hispanic officers and African -American male victims. The reality show trailer was shot completely in District 5. The only people that were depicted being arrested were African American men. Chief Exposito reports that at least 300 more confiscations of weapons over the prior Administration. How confiscations tabulated? Prior administrative calculated confiscations based on actual weapons seized. Chief Exposito calculates confiscations based on the number of weapons given to the property unit regardless of what the reason are that they were impounded. Disparity in numbers based on tabulations; not actual facts. Based on what we have discovered as a family, it suggests to us that a more comprehensive review would reveal more questionable practices. All of the information presented here that I've just said can be verified. Look into yourselves. If you don't condone the actions of the City ofMiami Police Department under Chief Exposito's leadership, do something about it. We as a family, we as a community, we're in a crisis state. We are begging for help. We don't want any more of our community to have to go through what our family and the other six families have experienced. Thank you. Wesley Belizaire: My name is Wesley Belizaire and I'm with the Belizaire family. Last August, my brother, Gibson Belizaire, was killed. He was actually one of the seven that everyone here is talking about. And my family, in particular, has a lot of concerns. One, we definitely want to know what really happened. You know, there's a lot of questions in regards to that, particularly in the fashion where -- you know, how my brother was killed. You know, he was literally one Saturday afternoon, you know, held up literally in a corner, you know, backed in. And, you know, I find it real hard to believe, you know, that he was up and, you know, guns blazing or waging war against the police. I mean, there was a SWAT (Special Weapons And Tactics) team called in, you know. Maybe I don't know. Maybe I do know. But I was under the impression that SWAT would be called in in like a hostage -type situation. Here, you have one young man standing maybe about 5'3 ", 130 pounds on a good day, you know, behind a garage . And you know, when we went back there to kind of see the scene -- you know, 'cause I was under the impression maybe he was killed in the streets, you know. What I saw, you know, not only just brought tears to my eyes; it made me sick to my stomach, you know, the amount of gunfire, the holes in the wall. I mean, that poor boy took bullets, you know, from many angles. And l find it City ofMiami Page 132 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 real hard to believe, you know, that he wasn't willing to surrender. You know, I was one of the people, one of the brothers who had to walk my brother into the grave, andl also saw the body as well, you know. And the way he took those bullets, again, you know, he was literally trying to defend himself. And again, I find it real hard to believe that he was here, you know, asking to be killed. Andl don't think, you know, the officers who were involved, they were thinking to preserve life, andl fully, fully believe that. And again, unless the panel, unless the reports, unless the truth actually comes out on what happened, you know, we're just -- that's just not good enough. But besides the point, all of the families, we lost here. We paid for it. Andl had to literally watch my mother, you know, experience the birthing pangs again because of that, you know, just as if he was back in the womb again. And what we're also concerned about is this going on. I have two sons. I don't know how many of you here are parents, but I have two sons. And I'm here asking for this stuff to stop. I'm here to ask that this stuff be changed because I'm concerned that my kids won't grow up one day maybe going out, you know, for a gallon of milk or maybe, you know, to school or to -- going to the prom and fearing that they may not come home, you know, based on what we teach them in how to, you know, conduct themselves and respecting, you know, the rule of law. And the very people that they entrust to have they best interest at heart are the main ones that are gunning them down. I don't know about you, but I'm telling you, there must be some changes 'cause as it stands right now in the neighborhood where I grew up in Little Haiti, in Miami, you know, we just can't accept that, andl don't think anyone here in their right mind would accept such a -- you know, such the same. Thank you much for your time. Willie L. Williams, Sr.: Giving honor to our elected leaders, to our appointed leaders. My name is Pastor Willie L. Williams, Sr. I'm the pastor of the Greater Mercy Missionary Baptist Church in Overtown. Also, I am a resident in Overtown. I have a business in Overtown, Just Right Barbershop in Overtown. And these are my neighbors. These are my friends. And we don't have a clue of what they're going through, those who have really lost their loved ones. And we need to consider our jobs. We need to consider our obligations to the people who we vow to serve. I don't have anything against a person and their position, but I have a problem with your actions. Your actions tells us are you serving us. Your action tells us if you're against us. And if we have seven young black men dead and the actions towards them tells us that our leadership does not have the concern that they should have. I thank God for our district leader, Commissioner Dunn. I thank God for him, how he stands, and he believe in what is right. Exposito, I know you're the chief but you have to be accountable for your employees. And when I see a father or a mother who have children out of order and they ignore the children and their action and they take up for them knowing that they're wrong, I consider that a bad parent; same with our police chief. When I see that you're ignoring and you're standing behind the action of your officers and you're not saying anything towards them and their actions and you're not putting them out there, letting them know I am a good chief and if you step in the wrong area, I'm going to reveal you. Something is wrong with our police chief. I don't understand where he's trying to go. I don't know what he's doing because the reports that need to be turned in haven't been turned in yet, from my understanding. And we need action now. And whoever have the position to move this thing forward, we looking for you to do what we voted you in or appointed you to do. You have children here; you have parents here representing life. They want to live. And we have leaders here. Some don't have the audacity to see or to encourage the people who wants to live. I'm standing with this family. I will fight with this family. I have a son, and I'll be damned ifI go through what they're going through. We have to do something and we have to do something now. Aaron Foster: Good afternoon. My name Aaron Foster, Brandon Foster father, the one who got killed by Allapattah; got shot 17 times. You ain't hear me. I'm going to say it again. My name is Aaron Foster. My son name is Brandon Foster. He was the one who got shot by Allapattah 17 times in the back. He ain't weighing nothing but 120. Nobody came to talk to me. They say the chief want to talk to you. Chief never called, even though I ain't want to talk 'cause it has been 'bout a month and a half before he want to get concern to talk to me. I truly know it take a village to raise kids. We gone stand up for all our kids 'cause all us parents to each and every City of Miami Page 133 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 one of our kids. I know if they see my kid doing something wrong, they gone talk -- Hey, tighten up -- as well as I'm going to do for theirs. But all want to know what happened. What give you the audacity to shoot my son that many times? And how could you sleep at night trying to protect someone who shot that many times to kill a young black guy? I ain't gone take up most of y'all time 'cause we can talk like mocking birds up here. But all want to know is what happened and justice. That's all. Thank you. Lyle Muhammad: First of all, to the Commission and the staff. It's in the most holy name of our God that represents us regardless of our walks of faith, be you a Christian, be you Jew, be you Muslim, be you Agnostic. My name is Brother Lyle Muhammad. I'm a member of the Nation of Islam and community liaison for Muhammad Mosque Number 29, located at 5600 Northwest 7th Avenue. And we are an active part of the coalition that represents this family and the coalition that represents those who don't have a voice to speak for themselves. I want to first appeal to your God conscience, if you have one, andl say that respectfully because I believe those who have been called to service generally are individuals that have some type of spiritual understanding about the duties and responsibilities of service. When you hear things that are coming from the Justice Department, who has initiated inquiries already into many matters you heard spoken on already today, you hear comparisons to the report that came out on a New Orleans Department, which was the largest investigation of its type, and here we are now in Miami on the dawn facing the same thing whether we like it or not. So first to appeal in terms of your God conscience, don't we want to get this right? Whether we agree or we disagree on the facts or the issues, don't we want to get this right? I don't know a political servant that wants to end up not only on the wrong side of justice, but on the wrong side of God. So if you have a God conscience, I ask you to pray, that you land on the side of justice and don't choose to be an enemy of God in such a turmoil time in this world. In terms of looking at the actual role of a Commission, one of the tools that kills our community when things like this take place over and over again is ignorance, ignorance of the facts, ignorance of the rules, practices and procedures. You're looking at a community that may not be informed about what you can do just in terms of your official role in your official capacity. The one thing you can do is stand up. And another thing you can do is sit down. It just so happens that back on -- in January, I sent a correspondence to every last one of the Commissioners that represent the City ofMiami. And it was right after we lost the lives of Officers Roger Castillo and Amanda Hayworth. And what it says is, it said we would like to schedule a meeting to discuss community safety in police relations. It also went on to say that we would like to give you some insight on public safety policies and initiatives that are taking place. It also said that we would like to be an extension and an arm to help build better relationships between police and our community. To this day, only one Commissioner responded. And as a matter of fact, Commissioner Dunn, when that meeting was set up, it had to be cancelled because it was on the morning that you had to rush to the scene that led to the death of our brother who was represented here earlier by his family. If we're public servants and we ignore people who can help bridge these gaps, if we're public servants and we hear certain things coming from the community that spell of nothing else but of an investigation, would we stand up and would we sign our name on the line that says I want this investigated. Or does it only count when someone's knocking on your door bringing you news about a child that you've birthed or your wive's birthed; bringing you news about a family member that became a victim because when we had an opportunity to find ourself on the side of justice, we took advantage of it? Last two things. When we begin to look at three critical areas in terms of some of the formal and informal investigations that are currently taking place, we hope that your offices could designate someone to do some more research and some follow up that we could find ourself on the right side of justice when it comes to the rights of victims and their families. If you heard what I heard, I heard victims and families who, at the very least, if we can't legally prove at this time that their rights have been violated, we sure enough can prove that they've been disrespected. Where do we stand and -- what needs to be done to make our City more apropos to respond according to the record when it comes to the rights of victims and their families? And secondly, when we begin to look at the idea that our communities could be unfairly targeted because of classism, because of racism, because of economic ventures that we City ofMiami Page 134 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 may have planned for our own districts, is that not worthy of investigating; that we have seven murders all in District 5? Is that not worthy of an investigation? Or does it only matter when it comes knocking on District 1, 2, 3, or 4? If we can get it right now, many of these young men and women who you see in here who came today to see the face of justice -- I would like for all of the young people in here who are under the age of 18 to please stand up. If you are 18 or younger, please stand. Now, these are young men and women -- please remain standing while I say this -- many who are, for the first time, getting a peek at your role and your response, so maybe you could be looking at someone in this audience who sits up here in the near future. I know many of you may not have known when you were their age. But if we put on their shoes and we walk in their reality -- and they keep on hearing information that is inconsistent with what we know are the best police practices and policies, if they keep on witnessing relatives -- see, many of these young people, every single day they have to see Travis, Jr., who now is fatherless. When they wonder do we live in a just country where freedom, justice, and equality reigns out, when they wonder with their minds where will you fall in their hearts? Will Miami side on the side of justice or will it continue to be business as usual? So the last thing have to say, if not for those who have already died and been slain, if not for all of those who have held seats of power and been corrupt, if for these babies here today that we can give them some sense of dignity and respect, we can give them some sense of what it means to be a servant of a community, that we can give them some sense that we do live in a country, and even though it's 2011, there will be justice. So we're asking for them no more business as usual; no more every time a black life is lost, it's always pending, pending, pending, pending; that it's always under investigation; that it's always never addressed with the fairness and justice that speaks to all the principles that we said we would uphold. It may sound like I'm angry or emotional; I'm passionate for their survival and prayerfully in your service that we have enough sense -- our City is replete with a history of what happens when citizens feel unvalidated [sic], when citizens feel like their call for justice and wrongs being righted wasn't heard. And do we want to be on record to say that I sat in office when Miami went down the tubes? Didl sit in office when our youth lost faith in the system? Didl sit in office when the life of police officers was held in high esteem and the death of its citizens was swept under a rug? We know what the issues are. There are many facts. I would like to help you all become better Commissioners by bringing you services to your communities that can lead to these young men and women not just doing the best that they can, but understanding, understanding clearly that those who hold power, be it this much or that much, have a duty, obligation, and a responsibility to them that we seek justice. So I pray that your God conscience hears those remarks, and pray that we do the sensible thing when it comes to the rights of these families who have lost loved ones, lest it be our own. Greet you in the greeting words of peace and paradise ofAssalamu Alaikum. Thank you. Fernando Gonzalez: Good evening. My name is Fernando Gonzalez. I live in 128 Northwest 18 Avenue. In 21 years I lead the commun -- Neighbors in Action, Vecinos in Accion, the community organization in East Little Havana. Before I to say something, I want to say that my wife and my children, they don't want to I come over here, but I have to come. I have to come because I have something inside thatl have to put out and tell you really, I am with all of you andl know -- I feel the injustice also. In the last April 8, I was arrested without any reason. In 21 years, we never receive any penny from the City, from the County, from the State, from nobody. The chief of police, Miguel Exposito, said that we receive money from the City, from the State, from everywhere, and we did a wrong thing with that money. We never receive one cup of coffee from any Commissioner for anybody. We work with the private sector, and a very good private sector, the banks. Everybody help us and God help us also. That day two police officers came to my office arresting me and my wife. Thirty-seven years of marriage with two boys, two beautiful boys. They were some days crying. I never can forget that, Commissioners. And basically and the chief of police telling present to all the cameras, everybody, these people are thief and corrupted. Me and my wife, 11 hours for irresponsibility. I can't hold that. This is something that I have inside. I don't want any suing. I don't want anything. I want justice on this. Somebody -- I don't blame -- maybe he's not -- doesn't have the capacity to be a chief of police or whatever, but arrest people and putting people in jail for nothing, without anything, City of Miami Page 135 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 without any proof. I feeling now what the people suffering. I feeling that now. I have that tape on my office and sometimes I put the tape because I can't forget that time. And the Mayor of this City said this is the end of the culture of the corruption in Miami, so they finish that with us, like we don't have anything to do to show as a corruption. Maybe that I am not a good guy. I am not a saint. I can't say I belong to God or no. I don't know. But I tell you the truth, sometime I can't sleep. The first night was dreaming with that all the time. Before to be releasing bond -- after they releasing bond, waiting for trial, a lot of people call us and calling bad names and say you are bad people, corrupted, whatever, because they believe in what the police says. We want the police. All the City need the police. But the City don't need, you know, a police officer with no experience. This is what the City needs and this is what the people needs -- and everywhere. You know, somebody -- if that happen to you or anybody to see your wife handcuffed going to a jail, you know, a nice person, a good woman. The commun -- some part of the community cry with us. Some part of the community give us a lot of support. But another part of the community, they believe in the police. Some people, they believe in the police. I be criticized because I come today here. My other son, my youngest son, pa, don't go over there, please. Don't go over there because they afraid to -- no. I don't afraid to anything. I come over here andl want to tell this because I had this like something inside that can't hold to. I have to express that. I have to express that, Willy, you know. And Mr. Dunn, I don't -- Mr. Manager, was my wife. He doesn't understand that. He simply arrested, put it in jail, and that's it. (Comments in Spanish not translated). That's it. No. You Commissioner, your wife be arrested, handcuffed and taken for nothing to a jail, how will you feel? Please, please be sensitive in the community, thinking all the community, you know. At that time I was prefer a bullet in my chest or something before to be arrested like that, you know, and especially my wife. We working 21 years in Vecinos in Accion. Willy know that because he was Commissioner at that time also. The work we had done in East Little Havana for the community. We have to pay rent. We never ask for any money here because if we know we take money here, it's going to be -- in case the money -- or the taxes for the community. If one of my son is kill or some -- you can't imagine that to see a son -- your son dead, shooting, or arrested without any reason. Thank you so much. Thank you. Lyn Culmer: Good evening, gentlemen. My name is Lyn Culmer. I'm the father of Lyn Weatherspoon. He was killed on New Year's night. My son had big plans for this year coming up. I was listening at the reverend status, which was talking about the police chief the 15 killings that happened when he was on compared to the 9 killings of Exposito, andl -- and when he said 6 of them was dogs, I assume -- I guess Exposito think that we are dogs that he's killing on the streets, but we are not dogs. These young men had families, they had loved ones, and it hurts. My Bible tells me that life is in the blood. Our children blood has been shed on the streets ofMiami and they're crying out for justice, they're crying out for closure. We can't rest and we will not rest till justice be done. All we asking for justice. We asking for answers. We are looking to you all for answers. You know, these young people that's coming up, you know -- my son was taught to respect those that's in authority. I know he respected them. And he didn't deserve to be shot down like a dog. What about these young children that we have here. How is they going to look at the police and how they gone respect the police when they are taught that if they have problems, to go to the police, you know, so that they could be -- feel safe and secure. As long as Exposito is under control, is in command, there is no safety, there is no security. We need justice. We need closure. We need answers. We haven't had no answers yet as to why our children was been -- has been killed. All we hear is that it's still under investigation. All we asking for justice. Thank you. Arnold Gay: Good evening. I'm here on behalf of Tenaris (phonetic) Gay, my son. August 20 he was murdered by a City ofMiami cop. No one even came to comfort my family. It was a lot of statements made. We going to take back the streets by any necessary means. You know, how can my family get closure like that? He was only -- he was 19. He ain't even much weigh enough to sustain that type of punishment that he took, jumping over a gate. How was that officer life in danger? City ofMiami Page 136 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Dunn: Excuse me, sir. I'm sorry. The Clerk just brought to my attention; could you state your name for the record, please. I apologize. Mr. Gay: Arnold Gay. Commissioner Dunn: Arnold Gay? Mr. Gay: Yeah. Commissioner Dunn: G-A-Y? Mr. Gay: GA-Y. I just came to make it simple and brief. That's it. Randall Berg: Good afternoon. My name's Randall Berg. I'm an attorney, an executive director of the Florida Justice Institute here in Miami. Our office has been retained by the family of Travis McNeil, along with the Willie Gary firm. And eventually, the rights of the family and of the estate of Willie Gary will be worked out in the courtroom, but the family wants more than that. And for that reason, they've retained a civil rights firm. They've retained a firm that will work with the City in trying to make certain that this doesn't happen again. Ms. McNeil wants to know what happened to her son, and she has every right to know that. And you have within your power the ability to make certain that her desire's carried out. There have been seven deaths in eight months. We met with the attorney gen -- excuse me -- the Assistant Attorney General Perez, who's in charge of civil rights, and the U.S. Attorney on February 24. And something impressed me at that time was why are we meeting with someone from Washington to deal with what is a local problem? So here we are today, and you have within your power the ability to do something about it. Our office is very small and we work statewide, and we have to operate where there's smoke, there's fire. I can't help but think there's a lot of smoke in Miami and I think there's a lot of fire, andl think it's time that we deal with it. When I picked up the Miami Herald this morning, I read in the Herald about all the hotels are full, things are happening in Miami, and things are going great. But I remember the McDuffie riots in the headlines in the Time Magazine about paradise lost. I hope that doesn't happen here again. I remember it vividly, and I'm sure you do as well, but you have within you the ability to make certain it doesn't happen again because this is a wonderful city. We all love living here, but everyone needs to be able to benefit from what's going on in Miami and the vibrancy ofMiami and everything that's good about Miami, including the McNeil family and the families of the other -- six other families that have lost their loved ones. Thank you. Jeanne Baker: Good evening, gentlemen, lady. My name is Jeanne Baker. I am here on behalf of the Miami ACLU (American Civil Liberties Union). We have a committee called the Police Practices Committee. Members of my committee are with me today. We have come here to make some concrete requests. Virtually everyone who has stood up in front of this podium this afternoon/evening has said do something, give us knowledge, help us learn what happened, make a difference. We have some concrete requests to make of this Commission, which we hope you will respond to positively and we hope will give you some concrete pathways that you can follow so that you can respond to the citizens and the speakers who have come before you this afternoon with these requests. Our concrete requests fall into two categories. The first is a larger request in scope, although it may be an easier one to implement. Our first is to breathe life and power into the CIP (Civilian Investigative Panel). The Civilian Investigative Panel was created by this Commission after a petition of the citizens of this state -- of this City, rather, a decade ago because of an epidemic of police shootings at that time, and the citizens spoke up and the organizations -- the ACLU, NAACP (National Association for the Advancement of Colored People), Brothers of the Same Mind, PULSE, the organizations that are with you, in front of you today, they spoke then loudly and clearly, and the citizens spoke and the CIP was created. So our first request from the ACLU ofMiami is for you to endorse publicly, to give respect and recognition to the work that the Civilian Investigative Panel is doing and can do more vigorously City ofMiami Page 137 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 with your support. Its job is to provide civilian oversight to the police. It is true that the CIP does not have the authority to make decisions and set rulings. It only has, in the end, the authority to make recommendations, but its recommendations are to come from an investigation by civilians who are representatives of the City. So we ask you to endorse and recognize its work publicly and to join with the NAACP and the ACLU and the other organizations in this room to ask it what we have already asked it on February 15 officially to investigate as a civilian investigative oversight panel -- to investigate the shootings and to investigate the practices in the Department. Why is this year different from last? Passover is coming soon. Why is this night different from other nights? Why in 2008 and 9 did we have one level of shootings in this City by police officers ofAfrican-American men and then why did it change at the beginning -- from -- since the beginning of 2010? There's got to be a reason. These things don't just happen. And the CIP has already launched an investigation into the policies and practices of the Miami Police Department to try to get at those answers, but it needs the help of this Commission, the moral help, and if necessary, it may need the financial help. At this point, as I understand it, the CIP has not asked for money and it may not need to ask for money, but it may. And if it does, we in the ACLU join with these other organizations ask this Commission to give that concrete assistance to the CIP. We also ask this Commission to work expeditiously to fill slots in the CIP that are not filled, and there are some CIP panel members who are sitting there past their terms and have expressed the need for expeditious action by this Commission. It's this body -- the CIP was designed and created to deal with exactly the kind of problem this City is again experiencing. We had hoped a decade ago that with the CIP, this problem would not re -arise [sic]. It has re -arisen [sic]. It must be dealt with again. That is our first request, and it is something you can do actively and practically so that you can get on the right side of that moral issue as we so eloquently heard requested of you a little while ago this afternoon. We have a second request. Right now we understand that the Miami City police are conducting their own internal investigation of the police officers involved in the shootings. We always hear about these pending, pending, pending investigations. That investigation right now is being conducted, as we understand it, by Internal Affairs or by criminal investigations, headed by the very person who was the chief supervisor of the tactical units in 2010, Jose Seiglie. Then Jose Seiglie was promoted to chief assistant and put in charge now of investigating the shootings that were done by the very officers that he may have bonded with, that he was supervising, that he was intimate with, that he was leading just a few short months ago. Jose Seiglie may be doing as good a job as possible, but he has been put in a very unfair position, very unfair to him because any decision he makes, if it is in favor of finding unsubstantiated claims against any officer, any decision he makes will be looked at by the community and the world as a partial decision because of his past position. He has an inherent conflict of interest, whether it is seen so by a Commission of Ethics or not; I don't know and I'm not making that kind of judgment. But this man was the supervisor of the very men who committed the killings a short time afterwards and now he is -- has been asked to investigate the very people he himself may have selected, may have trained. This is not an unusual situation in the world of law enforcement. Many times there are investigations which have to be done internally, and there are many occasions in which an outside impartial body is requested to come in and conduct the investigation so that the community can feel confident that it will be done impartially. Perhaps Mr. Phillips [sic] was intended as such an outsider, but certainly from what you've heard from the speakers from the community, he has not generated a sense of impartiality. We request -- I request on behalf of the ACLU ofMiami, we request that this Commission appoint an outside independent investigator to take over the internal investigation. Let the CIP be supported by you and continue its civilian oversight and let it proceed along that very important path. But at the same time, the internal investigation should be done impartially. We would recommend an agency like FDLE, Florida Department of Law Enforcement. It's not local. It's statewide. It's not -- doesn't -- it wasn't supervising these officers when they committed the killings. And for all public appearance reasons, having an agency like the FDLE -- andl don't say it must be the FDLE. There may be an alternative police department. There may be other agencies that the State Attorney can assist you with. We're not claiming there's only one answer to this problem, but there is a problem and you can solve it. You can bring an appearance of impartiality to the internal investigative City ofMiami Page 138 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 process and that would enhance the comfort and the assurance in the community that there is a fair investigation going on. Thank you very much for listening to our requests andl urge you to consider them. Mr. Tate: Mr. City Manager, Commissioner, we -- as we end our brief talk and our concerns, we ask that you would pay diligently and listen to what has been said here today. PULSE and other community organizations, leaders are stating that we ask for the removal of Chief Exposito. We ask that the community that sits here today, their concerns be heard and understood. So we thank you for the time of hearing our requests and we appreciate your (UNINTELLIGIBLE). This is it for the community. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Dunn: I see that there are others to speak. I would strongly advise -- you're free to do whatever you feel led to do, but believe probably sometimes we just need to listen and soak it in and then maybe let one of the other Commissioners put you on their blue page and you can come and respond to that. That would be my strong -- I'm not saying to shut you down, but I -- you're so quick to respond. I think -- not saying you can't. That's your prerogative. But I would strongly recommend maybe you come back at another time if you got something because I don't want this to become a tit for tat. That's not -- these are people who have lost loved ones. Whether we agree with it or not, we need to hear them. Andl think a lot of things that were said today definitely merit us listening to -- you can say whatever you want to, but -- and would suggest that -- and that's my strong recommendation to anyone in light of -- because if you don't have your facts -- it's not me. This family, they're serious. Sergeant Javier Ortiz: Thank you, Commissioner Dunn. Like you said in the beginning, we have the First Amendment, and I'm here to uphold that too. My name is Sergeant Javier Ortiz. I am the vice president of the Fraternal Order of Police, representing these officers that were involved in these shootings -- 710 Southwest 12 Avenue. I first want to start out with -- start off with that the families are in our prayers. In 2009 there were seven shootings in which Miami police officers shot at a subject. In 2010 there were eight. There are some in the community that claim that these were bad shootings. There is no such thing as a good or bad shooting. If you were a police officer and someone was armed with a gun, you have a duty to protect yourself and the public. If you're a police officer and you have a subject that does not follow your commands, how would you react to someone making evasive movements which would lead you to believe your life or the public is in danger? You would refer back to your training and act accordingly. These officers were left with no other choice when they used deadly force. Their decision has nothing to do with race, color, or creed. The shootings aren't good. The shootings aren't bad. They are justified. And we are confident our Miami police officers will be cleared. Commissioner Dunn, you're quoted saying that "I'm saying the police have a different attitude. If it's not racist, it's very close." We aren't racists, like some of us are portrayed. We aren't murderers. We are professional police officers that seek to protect the public. Again, this isn't about color. It's about stopping crime. Again, our prayers are with the families affected by these shootings. Thank you. Chair Gort: Thank you. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Dunn: Just to respond to that, I did not say all police officers are racists. I said some of the actions that have been taken, the Miami Finest video, the notorious Miami Finest video -- could you please explain to me why that video only depicts African Americans being City of Miami Page 139 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 arrested, why that video only depicts people in my district being arrested? Now explain that. I guess it was just an accident that that happened. I also find it mighty strange that in the previous shootings, the chief and others were quick -- people were quick to make a comment, but in this last shooting, there was a space, a dead air space where no one said anything. Better have your facts together. Sergeant Ortiz: Well, regarding facts, I wasn't there when they were producing that video, so I don't know exactly where they were doing this logistically. And as far as the shooting -- I'll say it, if others haven't -- it's a justified shooting. And when the facts come out -- no, it's not only about supposed to. Commissioner Dunn: You're representing the union. That's what you do. Sergeant Ortiz: Sure, I do represent. Commissioner Dunn: That's what you do. Sergeant Ortiz: But based on the facts that have been brought to my attention, it's a justified shooting. Commissioner Dunn: Okay. You're entitled to that. Sergeant Ortiz: Thank you. Commissioner Dunn: God bless. Sergeant Ortiz: Thank you. God bless you. Chair Gort: Thank you. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I was not going to say anything, but I heard people talking bad about Officer Seiglie over there. I know Officer Seiglie for many years in Allapattah, many years. He was a policeman, policeman. When you get some problem there, you call Seiglie and he got -- you give me the MO (Modus Operandi) or the person and he knew where to go. That's what we need, officers like that. And then people, they don't know Seiglie. They don't Seiglie. Well, I know Seiglie. I know Jose Seiglie for many -- and now they say he's not -- he's qualified -- more qualified than anybody here about police work and everything. I know him personally, andl know him in Allapattah there, and he took care of all the bandits. We need him back on the street there, all right. We need you out of that desk; out on the street there. And anyway, talking about killing, a lot of the people in Overtown -- I was here when they ask for more police to work in Overtown on account of the gangs. You know, I remember (UNINTELLIGIBLE) gang, the whole thing going on here, okay. And you know, never know what happening, but there was a lot of killings done, black on black, okay. Thank you. Chair Gort: Okey-doke. Commissioner, any comments? Commissioner Sarnoff. I'd like to address the City Manager, Mr. Chair. Mr. Manager, I asked you to have special agent -- or former Special Agent Paul Phillips [sic] here. Tony E. Crapp, Jr. (City Manager): He's present. Commissioner Sarnoff. Can he address this Commission? Mr. Crapp: Sure. City of Miami Page 140 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Dunn: Mr. Chair, before he comes, I do ask -- want to ask Mr. Paul a few questions. Come on up, please, sir. Paul Phillip: Want me to state my name for the record? Commissioner Dunn: Yes, yes, please. Mr. Phillip: Paul Phillip with the City Manager's office. Sir. Commissioner Dunn: Yes. Have you completed your report? Is it completed? Mr. Phillip: No, sir. Commissioner Dunn: Well, I think it would really be superfluous to have Mr. Paul Phillips [sic] speak now. He can answer. That's -- he's a grown man. It's your request. I would respect that. But we're dealing with incomplete data. I would especially -- as it's stated, I would like to at least have a meeting with you so that can be informed about some of the things that have been stated because -- but -- because we're operating on what they're saying, what you're saying. Mr. Phillip: Sure. Commissioner Dunn: I just think to the -- for the best interest of all of us, it would be good. You're free to do whatever the Commission request, but that's just something that I would certainly like to see happen. Mr. Phillip: Commissioner Dunn, you place me in a very difficult position because I work for him and if he tells me to -- Commissioner Sarnoff. I'd like to address a few things, Mr. Manager. Mr. Phillips [sic], you andl have never met. Mr. Phillip: No, sir. Commissioner Sarnoff. Matter of fact, the first time I'm seeing you is right now. Mr. Phillip: I think -- that's correct. Commissioner Sarnoff. And you've been working for the City for the better part of six to eight weeks? Mr. Phillip: Since February 1, thereabouts. Yes. Commissioner Sarnoff. Okay, I apologize; three or four months. You have addressed a number of news organizations. You've addressed -- Mr. Phillip: Yes. Commissioner Sarnoff. -- the Community Relations Board. You've addressed, that I know of two other organizations. This Commission sits here completely -- or at least me. Maybe some of you have been -- maybe you all have been -- Chair Gort: None of us have. Commissioner Sarnoff. -- advised. I have not. City of Miami Page 141 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Dunn: No, I haven't. Commissioner Sarnoff.. I don't even know what you told those boards. Vice Chair Carollo: None of us. Commissioner Sarnoff.. And I'm left with a void or a gulf in terms of the fact that you were hired not with the advice or the consent of this Commission; with the Manager's own discretion. Interestingly enough, you were accused of being biased. I don't know why that accusation would or would not be made against you 'cause I don't know what your findings are. Mr. Phillip: Well, I -- it's -- Mr. Crapp: Excuse me. Can I respond to that? Mr. Phillip: Sure. Mr. Crapp: Commissioner, I want to clam a couple of things because, like you said, I did hire Mr. Phillips [sic] and he's a part of my staff. The document that Mr. Phillips [sic] spoke about at those two meetings, which he appeared at at the request of the Community Relations Board, our own and the County's, is one document of statistics that was provided by the Police Department. There is no preliminary report ready. His report is not ready. Commissioner Dunn: Mr. Manager, may I interject? May I ask a question? Mr. Crapp: Yes. Commissioner Dunn: Which police department? Mr. Crapp: The City's police department. Commissioner Dunn: Our police department? Here we go all over again, deja vu. Mr. Crapp: No. It was at his request. Commissioner Dunn: Yeah, yeah, but -- Mr. Crapp: Information that he requested as part of the charge that I gave him. Commissioner Dunn: Right. Mr. Crapp: So I just want to be clear that there is no preliminary report. There is no report ready. There is one document of statistics that has been provided at those meetings that he only appeared at at the request of those boards. Commissioner Sarnoff.. Well, I don't know what he said, other than I watched on STUN [sic], Channel 7 -- you still here STUN [sic]? No. I guess you left. Vice Chair Carollo: WSVN. Commissioner Sarnoff.. I only know what people have told me. I have been briefed not at all. I met the man just right now. Yet, I'm asked to take action and I'm already told that his report is biased or what he's doing is biased. Are you a biased man, sir? Mr. Phillip: Well, Commissioner, with respect to the bias issue -- City of Miami Page 142 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Sarnoff. Yes. Mr. Phillip: -- I've been accused of being biased on both ends. Commissioner Sarnoff. Right. Usually tells you're in a good spot. Mr. Phillip: Well, I pretty much take that position because the original assessment was thatl was coming in here to take someone's job andl was out to bury someone. And when that didn't work out, now I'm covering up. Well, the bottom line is that I looked at the data from different points, collection points, and we put together this chart which has an indication of all of the shootings. So far no one has said that I'm wrong on the number of shootings. And what did was to give the information to the families and to the press and to the CRB that they'd been asking for. I made sure that all the documents that I got were publicly releasable. I didn't get anything thatl couldn't tell anybody about, so I passed it out. And you may have noticed people had charts. Those are the chart I gave them. And as far as the dogs, I told them about the dogs, so there's no surprise here. Commissioner Dunn: Excuse me. Well, I'll wait till you finish. So you mean the police department gave you -- there were actually statistics that involved dogs? I have to ask that question. Mr. Phillip: In the report, in the documentation that I provided, in the 15 shootings that occurred in 2009 -- Commissioner Sarnoff. Nine. Mr. Phillip: -- there were only seven cases where the police department intentionally shot at an individual. Commissioner Dunn: I don't need to hear nothing else. Thank you. Mr. Phillip: Well, okay. I'm -- Commissioner Sarnoff. So -- Chair Gort: Any other questions? Commissioner Sarnoff. -- I do because -- Mr. Phillips [sic], you know, I read the Miami Herald. We were sort of admonished as a Commission for not having had your report about eight days ago (UNINTELLIGIBLE). And when will your report be done, completed? Mr. Phillip: Well, one of the issues that's come up -- as we look at the shootings, we're looking at some areas that require further review. And the sheet that I passed out is four pages. The last two pages have the latest shootings. In the beginning pages, the assignments of the officers appear to be fairly random -- patrol various shifts and so on and so forth. The last shootings, the shootings were conducted by people in special assignments. And so the issue that comes up is whether or not the officers in the special assignments were properly selected, trained supervised and managed, and that's going to take a little bit. I can get it started and leave recommendation for further review, but that's the issue right now. Now this does not speak to whether or not the shootings were justified or whatever, but the -- because the problem is the only person who can say if the shootings were justified or not is the State Attorney's Office, and they have access to information that I don't have, and so I've got to wait for that to come out. Commissioner Sarnoff. And -- Mr. Chair -- and you can stand there, Mr. Phillips [sic]. But this City of Miami Page 143 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 is my understanding, both as a lawyer and as a Commissioner. Most of what was said here today would be best said in front of Kathy Rundle for her to complete her investigation. Well, my point being there is still witnesses, police officers that are subject to her investigation to make a determination -- Mr. Phillip: Yes. Commissioner Sarnoff. -- as to whether these are justified or unjustified shootings. Mr. Phillip: Absolutely. Commissioner Sarnoff. That's the first layer that this government has created to ensure that no crime has been committed. Mr. Phillip: Right. Commissioner Sarnoff. Because if an officer has committed a crime, that officer certainly deserves his day in court and then deserves, if convicted by a jury, to go to jail. The second layer I understand that exists -- and this is where it gets very dicey 'cause this is where everybody wants the CIP or somebody else to do something -- is through Internal Affairs. Putting aside for a moment who is or is in charge of this investigation, I don't know. But if we turn around and take information before the Internal Affairs review goes -- is underway, we risk that even though it's not a crime that has been committed by the police officer, certainly it would be this community's wishes, and possibly justified, that that officer does not belong on the streets because that officer should be subject to discipline. It was a rookie officer out there; maybe he doesn't belong being a police officer, and certainly you're all looking harsh and very concernedly at when there were not guns involved, as you should. But if we start giving these documents away or allowing subpoena power to take place, we will lose our ability to discipline these police officers if they're subject to or have committed a disciplinary foul or fine. And if we allow that to happen, the irony of the whole thing is under the police officer's bill of rights, they could actually be warranted to have been disciplined which could include termination, and would still have the right to stay on our police force under the laws of the state of Florida. So I can only feel this community's pain and anguish and especially the mothers. You tell me a mother that doesn't think her son -- you know, regardless of what he's ever done in the past or what he's done presently, the pain that that mother feels is a real agonizing pain. But I think it would be a worse pain if in fact we turned around and reacted and started discerning or dispelling information while the State Attorney is holding on to it so that no criminal prosecution can take place and then no disciplinary action can take place, and someday you can come to this Commission two years later and say, Commissioner, this very man who killed my son two years ago is still on the street, and then some Commissioner sitting up here could say, and there's nothing could do about it 'cause we acted unjustifiably, quickly, or not within the rule of law. Andl heard everybody mention the rule of law. None of us here -- andl know, Commissioner Dunn, you're not liking this -- but none of us here created the rule of law, not one of us. But the rule of law was created -- and the law works very slowly because it's supposed to be a very methodical and very slow -raking process. Now I don't think it's designed to work as slowly as the State Attorney is working 'cause I think some of these shootings are '09 andl think two '01 or '08. I'm not sure they go back that far. The point being it is upon the State Attorney that needs to clear her case, whether it's a crime or not a crime. If it's a crime, we all know how we have to act. If she's -- if she indicts or informs on that person, I guess your job is somewhat done in that -- in some respects. Mr. Phillip: IfI could, Commissioner. Commissioner Sarnoff. Yes. City of Miami Page 144 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Mr. Phillip: Just to be clear on this, nothing) gave out was other than public source information and -- because I -- because what people were saying was they didn't get any information, and so I gathered everything) possibly could from all the sources, public source, and passed it out, so I was -- I'm sensitive to that very issue that you're -- Commissioner Sarnoff. No. And, Mr. Phillips [sic], you know, sometimes a community -- I don't think anybody's ever sat down with this community and said this is a rule of law. And if we break the rule of law, the ramifications of which could be -- you could be back in front of this Commission in three years saying the same police officer three years that shot my son is now subject to a shooting of my nephew because you all acted imprudently and you allowed subpoena documents to go out and this officer enforced his officer's bill of rights, and as a result thereto, he couldn't be disciplined and -- you know, there are many levels of culpability. The first is a crime has been committed. That's the State Attorney. The second is is this man fit to be a City ofMiami police officer? And that's a pretty high standard. And the third issue then is, you know, what do we do and how do we move forward? Andl think what has to happen is the State Attorney needs to complete a number of these investigations. I sit here as a lawyer having been a criminal attorney, understanding how long the process takes and not understanding why it's taking the length of time that it is taking, whether it's, you know, de Carlo or whether it's any of the others. The information is there. It's not going to change. The officers are either going to take the Fifth Amendment rights, whatever rights they have -- very rare that a police officer is going to give testimony. The forensic evidence should have been in. I received an update as to where the forensic evidence is. It is incumbent upon the State Attorney to make a decision. The statutes of Florida then give the City the exact amount of time it has to do its internal review. And once we violate that internal review, then those records are subject to subpoena. But I think it equally says even the person who relinquishes those records prior to the Internal Affair's review could be subject to having his or her police -- sworn officer rank -- Mr. Phillip: Certification. Commissioner Sarnoff. -- withdrawn. Certification, I apologize. So, you know, I -- nobody up here was going to give you an answer you wanted to hear, but I think you should know the process and -- I mean, I feel for you, every last one of you because you all suffer a loss, but I wonder what outcome you're really looking for. If your outcome is -- you know that word ' justice. " That's a vague concept. She usually has a blindfold on. She's got a scale. And she doesn't look like somebody I know. But that's Lady Justice. Everybody has a different concept of it. I think the outcome this community wants is if these were bad shootings -- and) use the word "bad" not justified -- I know the one thing you don't want. You don't want these police officers out on the streets three years from now because we made a procedural error. You don't -- you hold us to a higher standard than that. You hold us to be better Commissioners than that. And that's what I'm trying to say to everybody is there is a layering of process that's going on here. No attorney is going to come in front of you and say as a civil attorney who's looking to get money, as he should, oh, I want your files right now. Well, of course he does because he has a job to do, and that job is to get money for his client. But we as Commissioners have a job to do, and that's to follow the rule of law. And you all have a job to do, and that's to bring -- once you understand the law, your issues, your complaints, and your forbearances to the right agency so that when that agency clears it, then it's our obligation. And if you don't like the way that we deal with it, you have your remedy. But it's not -- the ball is not in our court yet. Thank you, Mr. Chair. Chair Gort: Thank you. Commissioner Dunn: Chair, just one last thing, and then -- Vice Chair Carollo: Mr. Chair. City ofMiami Page 145 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Commissioner Dunn: You want to go first? It doesn't matter. Vice Chair Carollo: Mr. Chairman. Thank you. Sitting here, I wasn't sure how much to say or not to say because as some may notice or not, I do listen very well, andl listen to one of my colleagues saying, you know, maybe this is not the time to speak so much and so forth; just listen. And with that said, I will confess. Just like I mentioned about an hour and a half ago, I was actually supposed to be in my district, ironically enough, meeting with some neighbors', parents over crime issues, andl decided that should stay in the meeting and see how to meet with these parents in the near future, andl related [sic] the message to them because of the importance that I see this is to one of my colleagues. And if it's important to any one of my colleagues, it is important to me. So I also listened to everyone that came before us and spoke, and what I heard a lot was they wanted to know what happened, wanted answers, what happened; asking for answers; again, what happened; give us knowledge. Unfortunately, the investigations into all those answers and what happened that they want is out of our hands. It's out of the City Commissioners' hands. And with that said -- andl will mention something that I want to propose, but again, I will also yield to my colleague in District 5. I don't have a problem proposing in a resolution requesting that all of the organizations -- in other words, the State Attorney's Office, the justice department, the FBI (Federal Bureau of Investigations) that are investigating the shootings do a thorough investigation, but at the same time expedite the investigation so that those parents, those families, everyone could have some closures and we can also see -- and we could proceed accordingly, appropriate. So, again, I yield to the Commissioner in District 5, but I think that would be the start because realistically, those answers are out of these Commissioners' hands. We have to wait for the investigations. The only thing that can think of doing is as a resolution, as a motion request that those investigations are expedited; however, that they are thoroughly, thoroughly done because I don't want for just to expedite an investigation just to say it was over. I want to make sure that everything is thoroughly looked at so we know exactly what happened, if those shootings were justified or not. And if the Commissioner would like, I will make it into a motion. Commissioner Dunn: Thank you. Chair Gort: Commissioner. Commissioner Dunn: Through the Chair. Thank you, Vice Chairman. Thank you, Commissioner Sarnoff. As you see, we're in a quagmire, to say the least. I don't know legally -- I'll look to the Attorney -- I don't know; I would follow your advice on this. But before we act on that, I certainly appreciate your efforts and your sacrifice of missing your own meeting in your district, andl appreciate that greatly. But have to say that I'm really disturbed that statistics would be given from our Department that compares human life to dogs. I can't let that go. I can't get that -- I know. One second, please. Mr. Phillip: Oh, I know. Of course, of course. Commissioner Dunn: Okay. Yeah, okay. Mr. Phillip: Of course. Commissioner Dunn: I just can't get that one out of my -- just to prove that you are a better chief than the last chief. But I think the issues that we have here are questions surrounding whether the shootings were legitimate. Those are the -- that's one of the issues. I wasn't there, but there are several -- some of them that definitely raise tremendous eyebrows. Why are we here? Because the process you speak of is a deliberate pro -- I -- then there's a question about, you know -- yes, Chief Seiglie may be a fine gentleman, but you cannot tell me if you work with somebody and you work with somebody that you will not have some type of human bonding. That's -- I mean, that's not a joke. That's a reality. It's just -- that's a -- there's a Scripture in the City of Miami Page 146 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Bible that says shun the very appearance of evil, but we have, as I stated earlier -- andl don't want to get into this again. This is one -- these are the kinds of things that I tried to talk to the chief about early on. We -- I promise you, we wouldn't be here, I promise you that, if he had just -- but, you know, he didn't respect what had to offer, so that's why we're here. Now the other question is why is it that Chief Timoney shoots -- this is something we got to ques -- we got to ask this question -- why is that Chief Timoney shoots were not controversial and Chief Exposito's shootings are? That's something we -- I don't -- something that, you know -- why? And my belief is, I believe, because it's the process. As I promised this community, stood with the chief had an election, did not care, but I -- we promised the community that starting from July 5 -- see, this is not nothing -- this is not just about shootings -- that this would be an open and transparent process. Now, when people in my district start saying to me, Commissioner Dunn, what's going on? What's happening? And then we run into this issue of whoa, the State Attorney -- we've completed our files. And then we find out later that the files were not completed. Chief stood right there and he lied to us. He lied. He lied about the video. That's an integrity issue. He lied. That's what he did. Come on, let's not play no games. He said this, that, and the other. And everything came out. He signed the contract with the producer, with the previous -- this not even dealing with the shootings, but this is a culture, a mindset. He lied right there. And he said that these shootings -- that he tried to retract some of the things, and so that's where my whole problem is. When you can't trust somebody on honesty and integrity -- he lied. Can anybody say he didn't lie? The facts have come out. So those are the things that cause me to lose confidence in his ability to be the chief of the City ofMiami police. I can't -- I'm trying. I wish I could. I'm trying -- but then you -- so, you know, my mother used to tell me, if you lie, you'll still, you'll kill. That's what I was taught. You'll cheat. You'll do whatever you can. It's a secret. It looks like it's, you know --I don't have comfort -- and I'm not even a family member. I have no comfort in saying, you know what? I got confidence that these shootings are open and Iran -- I mean, that the investigations are fair. Well, you got the guy that used to be there -- we had a meeting in Overtown and Chief Brown was over the investigations, but December, he's moved. See, these are the kinds of things that we got to address. And one thingl can say -- andl think we understand this -- these people are not going anywhere. So the ball is in our court. It's in our court and something's going to have to give for the best -- for the good -- andl think -- andl'll let one of my colleagues -- I think we're going to stop at that. We need to stop at that, please. We, you know -- Unidentified Speaker: All right. Commissioner Dunn: Okay. For the good of this entire City, not just District 1, not just District 2, not just District 3, not District 4, but District 1, 2, 3, 4 and 5. And for these many people to come out -- I don't know if all the shootings are -- I can't say. I don't know. But I got questions. So I think that's what we got to deal with. We got to address that. He lied. That's the part I don't like. He lied to all of us. Chair Gort: Okay. Commissioner Dunn: Thank you. Chair Gort: I understand your frustrations because of the things that have happened within District 5. I just like to say just a few things. I'm not going to say too much. Last six months, I spent a lot of time in my district because crime has come up all through the City. And I've had the meetings like you were going to have today, crime prevention meetings where we had the officers. And l just want to make sure in here, we should not generalize. We had a lot of good officers and dedicated officers within the City ofMiami that give their time to work with the public and to try to avoid crime, and I've been a witness of that because I've been going to all these buildings where we had the problem. I was a victim two weeks ago in my house. So this is something that -- we have a lot of good officers that work. I also need to understand -- and people need to understand -- I think we're given too much power, according to what I've heard City ofMiami Page 147 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 here today. Our powers are limited. There's nothing that we can do, and that's the frustration that can understand Commissioner in the District 5, Commissioner Dunn's having in himself and that's the frustration that we have and that's the frustration that the family has to have 'cause they're not going to get any quick answer. Andl know how it feels because in 1993 Evelyn Gort was killed. That was my niece. And I've gone through that problem myself, so I know what a family goes through when somebody gets shot in their family. We still having problem with the kids, so I know it's not easy. But I want you to understand it's a process that we have to go through. There's a process that we had to go through, and it wasn't easy, andl can understand what you're going through, but we have to abide by the law. If we don't, we all get in trouble. I mean, then we become criminals. And that's what we need for people to understand. I think we got to take this and work as a unit, work together. We cannot allow this type of things -- andl understand. We have to make measurement. We got the State Attorney's Office going in too. We got the U.S. Attorney's Office going in too. So we have people doing the investigation. We cannot interrupt those investigations. Andl think we all have to work as a unit and we all work together. And once again, my condolence to the family. Thank you. Commissioner Dunn: Mr. -- Commissioner Sarnoff. Mr. Chair. Commissioner Dunn: -- Chair, could I ask the Man -- Manager, could I ask you to ask Mr. Paul to at least give each of the Commissioners an update on the investigations, that information that he has already received? Mr. Crapp: You -- Commissioner Dunn: I would like -- Mr. Crapp: -- said investigations. What are you referring to? Commissioner Dunn: I mean, not the investigations, but the -- Mr. Crapp: The statistics -- Commissioner Dunn: -- statistics. Mr. Crapp: -- (UNINTET,TIGIBT,F)? Commissioner Dunn: Yes, yes. Mr. Crapp: We could provide that to everyone. Commissioner Dunn: Please. Commissioner Sarnoff. Yeah. That was my question. Couldl be provided, before I leave the dais tonight, the number of shootings and the description of the shootings? Mr. Crapp: It's in the statistics. Well provide it to everyone tonight. Commissioner Sarnoff. Okay, 'cause -- andl want to -- and will be able to discern --? I mean, I've heard many different things up there. Willi be able to discern the number of shootings --? Okay, thank you. Vice Chair Carollo: I guess I'll grab the gavel. Any further discussion on this item? City of Miami Page 148 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 NA.1 11-00289 NA.2 11-00290 Commissioner Dunn: Thank you for allowing me -- the people who asked to speak. Thank you. Vice Chair Carollo: Good. END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM COMMISSIONER DUNN ACKNOWLEDGED THE PASSING OF DOROTHY QUINTANAAT THE AGE OF 101 YEARS WITH A MOMENT OF SILENCE, HONORING HER LIFE AND LEGACY AS A COMMUNITY ACTIVIST FOR THE ELDERLY AND HER COMMUNITY. DISCUSSED Commissioner Dunn: Mr. Chair. Chair Gort: Yes. Commissioner Dunn: I don't know if this is the appropriate time to do so. I failed to acknowledge the passing of Dorothy Quintana, and l just think it would be a huge oversight on our part if we didn't just at some point bow our heads and -- she was 101 years old and l just wanted us to just kind of honor her, her life and her legacy, as well as her family and the residents of Wynwood who she so vigorously and valiantly fought for. So I just feel that we need to at least acknowledge her and honor her by doing so. Chair Gort: Thank you. DISCUSSION ITEM BRIEF DISCUSSION BY VICE CHAIR CAROLLO REGARDING THE REQUIREMENTS OF THE CITY OF MIAMI'S PERMITTING PROCESS FOR A FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS (FICPA) EVENT SCHEDULED FOR APRIL 15, 2011. DISCUSSED A motion was made by Vice Chair Carollo, seconded by Commissioner Dunn, and was passed unanimously, with Commissioner Suarez absent, waiving the time required to submit applications in connection with the City of Miami's permitting process for an FICPA event scheduled for April 15, 2011, further authorizing the issuance of a permit as long as all other requirements are met for the event. Vice Chair Carollo: I -- as far as the special events, there's -- there was a permit request for the FICPA (Florida Institute of Certified Public Accountants) -- Commissioner Sarnoff. Oh, okay. Vice Chair Carollo: -- April -- for April 15. They've done it quite a bit. Apparently, the dates have changed as far as what's the requirement and whether they have to put in their request 60 days in advance, 90 days in advance, or so forth, andl think it may have been rejected by the BID (Business Improvement District). I think they're going to reschedule and hear it again. And I will hope that it be approved. I was going to use -- and you know I've never used a pocket item, City of Miami Page 149 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 but I was going to actually use a pocket item in order to, you know, appeal that request. I've been told that, in good faith, no, I don't need to do that and so forth. This is an organization that has been doing this for, I think, about 40 years in the Grove. And, again, I just don't want to turn away, you know, good organizations, you know, professional organizations and so forth. Commissioner Sarnoff. And then -- andl want to say this to you wholeheartedly. I want to put it to you like this. I agree with you. I think it's 14 years, nonetheless. I've known this organization since I've been Commissioner. I actually participated in it before becoming Commissioner. It's a lot of fun. It's a good organization. I believe most of the money goes for its -- a very charitable cause. Vice Chair Carollo: Scholarships. Commissioner Sarnoff. And don't know what this year's cause is, but there's always a very charitable cause. With that said, I will tell you this -- and you have a decision to make, but they -- andl will support whatever you want -- were warned many, many times that there was a 60-day rule. It tends to fall on -- I don't want to say it falls on deaf ears. The 60-day rule was never enforced. But as you might expect, you warn somebody the first year, you warn them the second year, you warn them the third year, and then suddenly it's enforced. I will support any motion you make 'cause I don't know the outcome of what it would be. I will use as much influence with the director to try to get it promoted, but if this is something you absolutely want to do, I will support a pocket item with you. Vice Chair Carollo: In that case then, I think I'm going to do it as a -- Commissioner Sarnoff. Go ahead. Vice Chair Carollo: -- pocket item, and I'll just piggyback on your blue pages. And Madam City Attorney, if you could help me with the resolution that need for an appeals of the -- Julie O. Bru (City Attorney): I think this is not in the nature of an appeal. This would be just a motion authorizing -- it's a motion waiving the requirements of Chapter 54, I believe it is, and authorizing the issuance of the permit for this particular event, which the event is to take place on April -- Vice Chair Carollo: Fifteenth. Ms. Bru: -- 15, and it is the event sponsored by -- Vice Chair Carollo: FICPA. Ms. Bru: That would be the motion. Vice Chair Carollo: Okay. And that's my motion. And is that sufficient, Madam City Clerk? Priscilla A. Thompson (City Clerk): I just want the record to show that we started off our discussion with D2.1. I think you finished that discussion. And now we're going to assign a non -agenda item to your motion regarding the waiver of the fees. Vice Chair Carollo: That's correct. Ms. Thompson: Thank you. Vice Chair Carollo: It's -- I'm sorry. It's not -- City of Miami Page 150 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Ms. Bru: No. Vice Chair Carollo: -- the waiver of the fees. Ms. Thompson: I'm sorry. Ms. Bru: Yeah. Ms. Thompson: I'm sorry. Vice Chair Carollo: It's not the waivers [sic] of the fee. Ms. Thompson: I'm sorry. It'll be a non -agenda motion stating as you stipulated what it is you want to do. Vice Chair Carollo: And it's more -- Ms. Bru: Yeah. It's not a waiver of fees. It's a waiver of certain time and permit requirements in the -- Ms. Thompson: Thank you. Ms. Bru: It's a waiver of the time required to -- Vice Chair Carollo: Submit their -- Ms. Bru: -- submit applications in connection with the permitting process, and then authorizing the issuance of the permit, but they have to provide otherwise -- you know, other requirements that they would have to comply with. Ms. Thompson: And this would only be in the form of a motion and not a resolution? Ms. Bru: It's a motion, not a resolution. Ms. Thompson: Thank you. Vice Chair Carollo: That's my motion. Commissioner Dunn: Second. Chair Gort: Okay, there's a motion and a second. Vice Chair Carollo: Hold on. Whoa, whoa, whoa, whoa. Hold on, hold on. You should have said something -- Chair Gort: Any further -- Vice Chair Carollo: -- Marc; you knew what was going on. Commissioner Sarnoff. No, no, no, no. I didn't, I didn't. I -- Vice Chair Carollo: I picked up on it quick, but anyways -- Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." City of Miami Page 151 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 The Commission (Collectively): Aye. Vice Chair Carollo: Thank you, by the way. Commissioner Sarnoff. Thank you. NA.3 RESOLUTION 11-00291 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING DEREK Clerk COLE AS A MEMBER OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD. 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-11-0134 Chair Gort: Commissioner Dunn. Commissioner Dunn: Thank you, Mr. Chair. Is this time for the pocket items now? Am I --? Chair Gort: Yes. Commissioner Dunn: Okay. It was brought to my attention about some unbecoming behavior at one of our board meetings by a person that sits on the board and so -- and we'll share with you later. But I would like to make a motion to remove Derek Cole from the Overtown Community Oversight Board for improper misconduct. I can elaborate with maybe -- as far as you want me to go, I can go. It doesn't matter. Vice Chair Carollo: Second. Chair Gort: Okay, it's been moved and second. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: That's it. Ms. Thompson: No. NA.4 RESOLUTION 10-00825 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Miriam Urra Chairman Wifredo (Willy) Gort Michael G. Barket Commissioner Marc David Sarnoff City of Miami Page 152 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Charles J. Flowers Commissioner Richard Dunn II James Dixon AFSCME 871 10-00825 EOACCMemo.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0089 Note for the record: Item BC.7 (File ID 10-00825) from the March 10, 2011, Miami City Commission Meeting, will be heard at the Commission Meeting scheduled for April 14, 2011. Commissioner Sarnoff. Mr. Chair, can I get a quick pocket item? Maybe I won't have a pocket item. It is a motion to reconsider item BC.7 from the March 7, 2011 meeting. It was the Equal Opportunity Advisory Board. The reason was I apparently appointed Michael Barket to the board when he was already sitting on the board, so I need to reconsider it, and then it'll come back on April 14. So it's a motion to reconsider. Vice Chair Carollo: So move. Commissioner Dunn: Sec -- Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Vice Chairman Carollo. Any discussion? Vice Chair Carollo: No. I think it's a pocket item. Chair Gort: Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): Thank you. We've got the motion to reconsider so we'll bring back the entire item on the 14th. Commissioner Sarnoff. Thank you. Ms. Thompson: Thank you, Commissioner. Commissioner Sarnoff. Thank you. Vice Chair Carollo: That's it? Chair Gort: Need a motion to adjourn. Commissioner Dunn: So move. Commissioner Sarnoff. So move. City of Miami Page 153 Printed on 4/22/2011 City Commission Meeting Minutes March 24, 2011 Vice Chair Carollo: So move. Chair Gort: Thank you all. Commissioner Suarez: Oh, I wanted to say something before we adjourned. That's all right. ADJOURNMENT The meeting was adjourned at 7:46p.m. City of Miami Page 154 Printed on 4/22/2011