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HomeMy WebLinkAboutCC 2011-05-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com • -sash. l°�r • IN O9P I9 1i: Meeting Minutes Thursday, May 12, 2011 9:00 AM REGULAR 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 II, Commissioner District Five Tony E. Crapp Jr., City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes May 12, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. [Later...J'fefers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 11-00419 Honoree Presenter Protocol Item National Travel & Mayor Regalado Proclamation Tourism Week SPECIAL ACKNOWLEDGMENTS EMS ALS Fire Rescue Awards presented by The Fire Department. 11-00419 Protocol Item.pdf PRESENTED 1. Mayor Regalado presented a proclamation in celebration of the Twenty-eighth Annual National Travel and Tourism Week,' joining the The Greater Miami Convention and Visitors Bureau in this special observance because tourism is among the largest private -sector employers in the United States, with over 100, 000 tourism jobs in Greater Miami, and serves as a critical engine of the City of Miami's economic stability. 2. Commissioner Suarez paid tribute to the spirit of civic engagement of the Thirty-second Class of Leadership Miami, a team experience sponsored by the Greater Miami Chamber of Commerce which focuses on preparing the next generation ofMiamians to address vital issues affecting Miami -Dade County. 3. Commissioner Sarnoff extended appreciation to Nzeribe Ihekwaba for his outstanding commitment as Director of Public Works, applauding Mr. Ihekwaba for his outstanding persistence in the resolution of an issue involving historic preservation in Coconut Grove and the importance of caring for the City's sacred sites. 4. Deputy Fire Chief Reginald Duren presented EMS ALS Fire Rescue Awards to nine honorees who excelled in the provision of Emergency Medical Services to the residents of the City of Miami. Chair Gort: At this time, we'll have the proclamations. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II City ofMiami Page 3 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 On the 12th day of May 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 9:31 a.m., recessed at 12: 53 p.m., reconvened at 2: 58 p.m., recessed at 3: 51 p.m., reconvened at 4: 07 p.m., and adjourned at 6:14 p.m. Note for the record: Vice Chair Carollo entered the chambers at 9: 33 a.m., and Commissioner Suarez entered the chambers at 9: 35 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk Chair Gort: Welcome to the May 12 City ofMiami Commission meeting. The member [sic] of the City Commission is at this time Richard Dunn, Commissioner Sarnoff, and myself, Commissioner Willy Gort. With us also is Tony Crapp, Jr. -- he's here somewhere -- City Manager; Julie Bru, the City Attorney, and Priscilla Thompson, the City Clerk. The meeting will be open by a prayer by Commissioner Dunn and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. MAYORAL VETOES NO MAYORAL VETOES Chair Gort: Madam Clerk, do we have any mayoral vetoes? Priscilla A. Thompson (City Clerk): No. There are no vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDER OF THE DAY Chair Gort: And is there a motion to approve the minutes of the last meeting? Commissioner Sarnoff.. So moved. Chair Gort: It's been moved by Commissioner Sarnoff, seconded by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. END OF APPROVING MINUTES Chair Gort: We'll now begin the regular meeting. City Attorney will state the procedures to be followed during the meeting. City ofMiami Page 4 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Julie O. Bru (City Attorney): Thank you, Mr. Chair. Good morning, members of the Commission, Madam City Clerk, Mr. Manager, Mr. Mayor, members of the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section regarding lobbyists is available at the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices are allowed in the chambers. Please silence them now. Any person who becomes offensive or makes offensive remarks or becomes unruly in the chambers will be barred from attending further Commission meetings. Any person with a disability that requires auxiliary aids, please see the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon unless the Chairman indicates otherwise. There are some items in this agenda today also that are Planning and Zoning items and those items will be taken up after 2 o'clock p.m. Thank you, Mr. Chair. Chair Gort: Thank you very much. [Later..] Chair Gort: Do anyone -- any of the Commissioners would like to remove any of the items or withdraw or defer? The Administration? Tony E. Crapp, Jr. (City Manager): Yes, sir, Mr. Chairman, members of the Commission. The Administration would like to defer item PH. 3 to the May 26 Commission meeting. The Mayor would like to continue item M.1 to the June 9 Commission meeting. And PZ.4 will be withdrawn. Chair Gort: Okay. Thank you. Anyone else? Commissioner Sarnoff. So move. Vice Chair Carollo: Mr. Chairman? Chair Gort: Yes. Vice Chair Carollo: Give me a second. I was under the impression that there was going to be another item deferred for two weeks. I believe it's RE.6. I want to vernj, that. And if not, I would like an additional two weeks anyways so -- Chair Gort: You'd like to defer --? Vice Chair Carollo: Yeah. I'll defer to the next Commission meeting. Commissioner Suarez: Mr. Chairman. Vice Chair Carollo: RE. 6. Chair Gort: RE. 6. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. City ofMiami Page 5 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Suarez: I'd like an extra two weeks on RE.7 as well. Chair Gort: RE.6, RE.7. Okay. Any other items? Any other Commissioner? Madam Clerk, you have the -- Priscilla A. Thompson (City Clerk): IfI just may read them back because I want to make sure of the dates. Chair Gort: Please. Ms. Thompson: PH.3 will be deferred to 5/26. M.1 is continued to the June 9 meeting. PZ.4 is to be withdrawn when we get to the PZ (Planning & Zoning) agenda. RE.6 is to be defer -- I'm sorry, continued for two weeks so that's the -- I'm sorry. Two weeks? Vice Chair Carollo: Either way, until the next Commission meeting. Ms. Thompson: Okay. Then if it's the next Commission meeting, it is going to be deferred to May 26. And then RE.7 is deferred to May 26. Commissioner Suarez: Yes. Chair Gort: That's correct. Ms. Thompson: Thank you. Chair Gort: Do I have a motion? Commissioner Suarez: Move it. Chair Gort: Motion by Commissioner Suarez, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. CONSENT AGENDA CA.1 RESOLUTION 11-00348 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOHN ANTON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $35,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 11-00348 Memorandum Office of the City Attorney.pdf 11-00348 Memorandum Financial Signoff.pdf 11-00348 Legislation.pdf City ofMiami Page 6 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0187 CA.2 RESOLUTION 11-00334 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED MARCH 14, 2011, PURSUANT TO INVITATION FOR BID NO. 258233, FROM EMERGENCY VEHICLE SUPPLY CO. LLC AND DANA SAFETY SUPPLY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PURCHASE OR INSTALLATION OF EMERGENCY VEHICLE EQUIPMENT, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00334 Summary Form.pdf 11-00334 Award Recommendation Form.pdf 11-00334 Tabulation of Bids.pdf 11-00334 Detail by Entity Names.pdf 11-00334 Invitation for Bid.pdf 11-00334 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0188 CA.3 RESOLUTION 11-00335 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE MEMBER AGENCIES OF THE CHILD ABDUCTION RESPONSE TEAM AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, FOR AN ADDITIONAL PERIOD FROM JANUARY 1, 2011 THROUGH DECEMBER 31, 2012, TO CONTINUE TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO CONTINUING, MULTI -JURISDICTIONAL INVESTIGATIONS OF CHILD ENDANGERMENT AND MISSING/ABDUCTED CHILDREN, SO AS TO PROTECT THE PUBLIC PEACE AND SAFETY, AND PRESERVE THE LIVES AND PROPERTY OF THE CITIZENS, AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES. City ofMiami Page 7 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 11-00335 Summary Form.pdf 11-00335 Legislation.pdf 11-00335 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0189 CA.4 RESOLUTION 11-00382 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING MIAMI-DADE COUNTY RESOLUTION NO. 224-11, ADOPTED APRIL 4, 2011, CODESIGNATING NORTHWEST 2ND AVENUE FROM NORTHWEST 30TH STREET TO NORTHWEST 36TH STREET, MIAMI, FLORIDA, AS "DOROTHY QUINTANAAVENUE;" FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 11-00382 Legislation from Miami -Dade County.pdf 11-00382 Map of Dorothy Quintana Avenue.pdf 11-00382 Legislation.pdf SPONSORS: HONORABLE MAYOR REGALADO COMMISSIONER SARNOFF This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0190 CA.5 RESOLUTION 11-00386 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A CONTRIBUTION, IN AN AMOUNT NOT TO EXCEED $5,000, TO THE 26TH NATIONAL CONFERENCE ON PREVENTING CRIME IN THE BLACK COMMUNITY, SPONSORED BY THE FLORIDA ATTORNEY GENERALS OFFICE, TO BE HELD MAY 18-21, 2011, IN MIAMI, FLORIDA; ALLOCATING SAID FUNDS, PAYABLE TO THE URBAN LEAGUE OF GREATER MIAMI, INCORPORATED, FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NUMBER 19-690001, AND ACCOUNT CODE NO. 12500.191602.531000.0000,WITH SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. City ofMiami Page 8 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 11-00386 Summary Form.pdf 11-00386 Affidavit Letter - LETF.pdf 11-00386 Certification of Applicant. pdf 11-00386 Memo - National Conference on Preventing Crime.pdf 11-00386 Letter Office Attorney General. pdf 11-00386 Conference Schedule. pdf 11-00386 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0191 Adopted the Consent Agenda PA.1 11-00336 Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, including all the preceding items marked as having been adopted on the Consent Agenda. Chair Gort: Mr. Mayor, you have the floor. Oh, wait. Before I take it, Mr. Mayor, let me ask you a question. Nobody -- Can we have a motion on the consent agenda? Commissioner Sarnoff: So move. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: Mr. Mayor, you have the floor. Oh, wait. Before I take it, Mr. Mayor, let me ask you a question. Nobody -- Can we have a motion on the consent agenda? Commissioner Sarnoff. So move. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF CONSENT AGENDA PERSONAL APPEARANCES PRESENTATION PRESIDENT J.C. BERMUDEZ TO ADDRESS THE CITY COMMISSION City ofMiami Page 9 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 REGARDING MIAMI-DADE COUNTY LEAGUE OF CITIES. 11-00336 Email Request President Bermudez League of Cities.pdf PRESENTED Chair Gort: Mr. Mayor, you're recognized. Mayor Tomas Regalado: Good morning, Mr. Chairman, Commissioners. I understand that there was a time certain, but I also see Mayor Bermudez here, if you want to -- Chair Gort: Personal appearance, yes. Mayor Regalado: -- take him before as a courtesy. Chair Gort: Mayor Bermudez of the beautiful city of Doral, also the president of the Miami -Dade League of Cities. Mayor Juan Carlos Bermudez: Thank you very much. Chair Gort: You're welcome. Mayor Bermudez: I'm here as the president ofMiami-Dade County League of Cities. Thank you, Mayor Regalado, for that courtesy. First of all, thank you, Mr. Chair, Mr. Vice Chair, members of the Commission for giving me the opportunity to be here. As I promised this year when appointed as the new president of the Miami -Dade County League of Cities, I was going to visit every municipality. There wouldn't be a Miami -Dade County League of Cities without the City ofMiami, so it's important for us to come to see you as one of the first ones that we visit, not only because of the fact that almost 60 years ago the organization began in large part with the largest municipality in our county, which is this fine city, the City ofMiami. Obviously, the Chairman has been the past president of this organization also, so I thank you for your past work, and Commissioner Suarez happens to be one of our newest board appointees and our treasurer, the guy who takes care of the money, so it's very important that we make sure we come and visit him too. I want to, first of all, like I said before, thank you for participating in being a member. And second -- the second issue I wanted to touch upon is to let you know a little bit about what we've been doing and the efforts to continue to work together with all the other municipalities. I know that this goes without saying in this city, but 52 percent of the residents of this county today live in municipalities. And in a time when we're seeing some serious changes with our largest government, which is the Miami -Dade County government, I think it's more important than ever for the municipalities to not only stick together on issues that make a difference, but also to work together to bring about changes that are positive for us. A time of reform can be very positive and it also can be very dangerous, in particular for us as we sit on this side of the local government table, so to speak. We do a number of things, many ofyou participate on our boards andl welcome you to go through the list of our boards if you have an interest in participating. Be more than happy to certainly sit down and talk to you about how you could help us. We have in particular a budget committee that's going to be very active in looking at the County budget this year and hopefully we will get that information to all of you. We also do a number of different things. I think Richard Cooper, the executive director, who without him we could not -- I know all of you know him -- do our day-to-day work, has placed think on the dais some of the materials that we've come up with, including an elected officials guide. And we're looking forward to in September or October of this year, for the first time doing a best practices seminar for all the municipalities of our county in which we will sit down and be able to discuss not only with elected officials but also with other individuals that are experts in the field what are best practices so we can share ideas and move forward. I do want to thank you all for participating -- Mayor Regalado was City ofMiami Page 10 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 kind enough, probably immediately after getting elected, to participate in one of our task forces that dealt with an issue that is so important to all of us, which is the transportation tax, the County transportation tax, which as you know is a hot button issue for all of us. Andl think by sticking together we will get the result that I think we merit, which is that traffic is a regional issue, it impacts all of us and we are part of the solution, not part of the problem. And second of all, obviously on a number of issues that are important to you and some of the other larger municipalities, including the community development block grants, we have certainly worked and sent the documentation to our representatives in Washington to make sure that that gets protected. I know for the City ofMiami that's of utmost importance. So whatl wanted to do today was basically thank you first and foremost for being the largest municipality in Dade County and being a part of our group. Thank you also for letting your past and present leaders be leaders of our organization. And third of all, let you know that we are there for you and as a organization this year in particular, it is my responsibility to make sure that we stick together because I do believe that this next year will be -- regardless of who the County mayor is or who the new County Commissioners are, it'll be important for all of the municipalities to understand that the issues that are going to be discussed impact us. So I'm here to let you know that on behalf of myself, Richard, the rest of the board, we are there for you and we thank you. And if you any questions, I'll be more than happy to answer them, and thank you for your time. Chair Gort: Thank you, Mr. Mayor. Appreciate you being here and making the presentation. A privilege, I'd like to recognize Richard Cooper because he has really brought the League of City [sic] a long, long way. Richard, thank you. You've done a great job. Thank you. Applause. Mayor Bermudez: And Chairman Gort, by the way, a product of the City ofMiami, so I just want -- Chair Gort: We train them here. Commissioner Carollo. Vice Chair Carollo: No. I'll yield. Commissioner Suarez: Go ahead. Vice Chair Carollo: Thank you, Mr. Chairman. Thank you, Mr. Bermudez, for coming here today and addressing us. Andl am one that truly believes in the word team and working as a team, so I appreciate your words letting us know that we can count on you, the organization, and we could work together. Andl do want to point out one issue that the City ofMiami currently had to deal with, andl think it was also to a detriment to a lot of municipalities in the state of Florida, and know we reached out to you through a resolution, butt would like to see if in the future, whenever we have issues of this magnitude, we could somehow work a little bit closer together. Andl don't know if you know or not, but I'm speaking about the billboard issue. Mayor Bermudez: Yeah. I would -- yeah, I know. As a matter of fact, actually, I don't think we have a difference of opinion on that, you know. Our believe has and always will be that municipalities should have the flexibility to be able to not have any particular issue which is local, such as the billboards, be mandated to them by Tallahassee. Andl can tell you that even though we didn't pass a resolution, we shared your point of view and we directed our representatives in Tallahassee to essentially support the position that the City ofMiami and other municipalities had. Obviously, I'm being a little bit biased as the mayor of the city of Doral. But collectively as a group of cities, anything that is what we consider a mandate that comes from Tallahassee that should be under our purview, we will always be -- as the League of Cities, I believe we should always be together in Tallahassee making sure that any legislation, City ofMiami Page 11 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 for whatever reason, that anyone tries to pass that impacts us negatively, we stick together and fight against. Vice Chair Carollo: Thank you. And I just want to, you know, point that out. And you know, afterwards, after the presentation, I'll probably ask for a point of order, Mr. Chairman -- Chair Gort: Sure. Vice Chair Carollo: -- to discuss that a little further. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. Again, apologize for my failing health. I just want to say that as a member of the board, as a newly appointed member of the board, I want to thank the executive director and our new president for their hard work. From what I've seen -- the very little that I've been, you know, exposed to the League, you know, in the transitional period, I see a mayor and a president who is laser focused on trying to get the most out of the organization. And you know, from his speech the night he accepted the presidency of the organization, he's been pushing the members to wake up and to pay attention because the things that are happening are very, very important and have a tremendous impact on our community. So I just want to thank you for being that strong voice. You know, as the Vice Chairman said, we're here to support you and we are here as a city to do everything you can to be effective in your advocacy on behalf of us, our city -- you know, the biggest cities in the County. So I just want to thank you again. I want to thank the executive director, and it's been a pleasure working with you both. Mayor Bermudez: Thank you, Commissioner. Chair Gort: Anyone else? Thank you, sir, appreciate it. Mayor Bermudez: Thank you, Mr. Chair. PA.2 PRESENTATION 11-00337 9:00 A.M. PH.1 11-00338 MR. WILLIAM TALBERT, PRESIDENT & CEO OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU TO ADDRESS THE CITY COMMISSION REGARDING THE STATE OF TRAVEL AND TOURISM INDUSTRY. 11-00337 Email William Talbert State of the Travel Tourism.pdf PRESENTED Note for the record: Item PA.2 was presented during the Presentations and Proclamations" portion of the Commission Meeting. END OF PERSONAL APPEARANCES RESOLUTION PUBLIC HEARINGS City ofMiami Page 12 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Community AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK Development GRANT FUNDS, IN THE AMOUNT OF $100,000 AND $410,000 FROM THE DISTRICTS 2 AND 5 ECONOMIC DEVELOPMENT RESERVE ACCOUNTS, RESPECTIVELY; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT LOAN FUND PROGRAM, FOR AWARDS TO FOR -PROFIT BUSINESSES LOCATED IN DISTRICTS 2 AND 5, TO RETAIN OR CREATE JOBS FOR LOW AND MODERATE INCOME INDIVIDUALS IN ACCORDANCE WITH THE ECONOMIC DEVELOPMENT LOAN FUND PROGRAM POLICIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 11-00338 Summary Form.pdf 11-00338 Public Notice.pdf 11-00338 Legislation.pdf 11-00338 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Dunn II R-11-0192 Chair Gort: (INAUDIBLE) City ofMiami Commission meeting. At this time, I think we have to being with Public Hearing 1. Yes, sir. George Mensah: Good afternoon. George Mensah, director of Community Development. PH.1 is a resolution of the Miami City Commission authorizing a transfer of CDBG (Community Development Block Grant) funds in an amount of $100,000 and $410,000 from District 2 and District 5 economic development reserve fund account, and this is for the Community Development Economic Development Loan Fund program. Commissioner Sarnoff. So move. Chair Gort: It's been moved. Is there a second? Vice Chair Carollo: Second. Chair Gort: Second. It's a public hearings [sic]. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26 Street. I agree with that. It's a good use for the money because District 2 needs the money there. I know the -- Rafael Hernandez Colon doing good. And they -- in District 5, Neighbors and Neighbors, with Leroy Jones, they doing real good and that's a good (UNINTET,T IGIBT ,F). Seventh Avenue, that corridor there (UNINTELLIGIBLE). Like today I am going there because we have a rally to stop the -- they want to close the post office, the financial place at Edison Center; been there for forty -something years, the post office. You know, the (UNINTET,T IGIBT ,F) said -- Chair Gort: Right. Mr. Cruz: -- they don't cut the big salaries of the postmaster that make over a million dollars a year. No, no. They want to cut the little service there for the old people that don't have a car in Edison Center. I'm going to be there at 4: 30, and that's a good use for that money. Thank City ofMiami Page 13 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 PH.2 11-00339 Department of Community Development you. Chair Gort: Thank you. Mr. Cruz: For that district, yeah, I agree with that. Chair Gort: Anyone else (UNINTELLIGIBT,F) the public that would like to address this issue? Being none, close the public hearing. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 09-0022, ADOPTED JANUARY 15, 2009, RELATING TO THE CONVEYANCE OF THE CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND LOCATED AT 400-420 SOUTHWEST 8TH AVENUE, AND 430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, COMMONLY KNOWN AS THE TEATRO MARTI PROPERTY ("PROPERTY") AND RESOLUTION NO. 09-0089, ADOPTED FEBRUARY 26, 2009, RELATING TO THE ASSIGNMENT OF THE PURCHASE AND SALE AGREEMENT WITH BISCAYNE HOUSING GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY TO TEATRO MARTI APARTMENTS, LLC.; AUTHORIZING THE CONVEYANCE OF THE PROPERTY TO THE CITY OF MIAMI FROM TEATRO MARTI APARTMENTS AND THE EXECUTION OF A NEW 50 YEAR LAND LEASE FOR THE DEVELOPMENT OF A MIXED USE, TWENTY-SEVEN (27) UNIT ELDERLY RENTAL HOUSING PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE 50 YEAR LAND LEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 11-00339 Summary Form.pdf 11-00339 Public Notice.pdf 11-00339 Property Information.pdf 11-00339 City Deed.pdf 11-00339 Pre-Legislations.pdf 11-00339 Legislation.pdf 11-00339 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-11-0193 Chair Gort: PH.2. George Mensah (Director, Community Development): Mr. Chair, PH.2 is a resolution of the Miami City Commission rescinding resolution number 09-0022, which was adopted in January 15, 2009, relating to the conveyance of the City ofMiami parcel at 400-420 Southwest 8th Avenue and 430 Southwest 8th Avenue, Miami, which is commonly known as the Teatro Marti property; and also resolution number 09-0089, adopted February 26, 2009, relating to the City ofMiami Page 14 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 assignment of the purchase and sale agreement with Biscayne Housing; authorizing the conveyance of the property to the City of Miami from Teatro Marti Apartments and the execution of a new 50-year land lease for the development of a mixed -use, 27-unit elderly rental housing project. And we have a -- making a small amendment to this resolution. Ninoshka Reyes (Assistant City Attorney): Yes. We'd like to amend the resolution to change with attachments, deleting that, and to amend authorizing in a form -- Vice Chair Carollo: In a form acceptable to the City Attorney. Ms. Reyes: -- acceptable to the City Attorney as opposed to in substantially the attached form. Chair Gort: I'm sorry. What was that again? Ms. Reyes: The last sentence, where it says Ih substantially the attached form, 'to change it Ih a form acceptable to the City Attorney." Chair Gort: Okay. Thank you. Let's hear from the public first and then -- Public hearing. Yes, sir. Mariano Cruz: Yes. Mariano Cruz, again, 122726 Street. I am glad to see something done in that lot because I go by there every time andl see the empty lot, what the Marti Theater used to be. Andl remember that because in the early '70s I fumigate the building of termites. It was a big building there (UNINTELLIGIBLE). I don't know what he paid to the City, but don't think he paid anything to the City at the time. And Biscayne Housing is doing good, real good because I went -- I have seen the properties there in Carver House and the 71 Street, what they are doing there. What they found there was a cemetery there (UNINTELLIGIBLE) they took care and changed the way -- the park and everything. So there is a company with a heart. So I agree that my federal taxes go for that. Not the City taxes because I don't pay City tax, but the federal taxes, yes. Chair Gort: Thank you, sir. Anyone else would like to address PH.2? Being none, we'll close the public hearings [sic]. Vice Chair Carollo: So move. Chair Gort: It's been moved and second. Moved by Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Vice Chair Carollo: Quick discussion -- Chair Gort: Yes. Vice Chair Carollo: -- Commissioner Gort. Thank you. I just wanted to state that this is a project thatl've been working close with because originally the City ofMiami was going to be contributing $4 million andl, as long as -- along with the Administration, the former City Manager and so forth, spoke with the developer, Biscayne Housing, and we were able to come to a negotiation where instead of $4 million, it's going to cost $3 million and it's going to be in essence the same exact building. So we were able to save a million dollars which now can be used for more affordable housing. So it's a project thatl've been working closely with and I've been very active andl'm really glad that it's going to move forward, andl really believe that Biscayne Housing is a reputable company that has been around for a while. They've done very good work andl'm very optimistic and looking forward to working with them in this affordable housing project. Thank you. City ofMiami Page 15 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 PH.3 11-00340 Department of General Services Administration Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: PH.3. Tony E. Crapp, Jr. (City Manager): PH.3 was withdrawn, Mr. Chairman. Chair Gort: It was? Priscilla A. Thompson (City Clerk): Yes. Vice Chair Carollo: Deferred. Chair Gort: Deferred, okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 (A)(1) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF SERVICES AND REPLACEMENT PARTS/EQUIPMENT FOR THE AUTOMATED COMPUTERIZED FUEL FACILITY SYSTEM (FUELOMAT SYSTEM), FOR THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION AND FIRE -RESCUE, FROM AHA ELECTRONIC AND FUEL SYSTEMS, INC., THE SOLE SOURCE PROVIDER, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, WITH PRICES FIXED AND FIRM FOR THE THREE (3) YEAR PERIOD; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00340 Summary Form.pdf 11-00340 Memos - Sole Source Finding.pdf 11-00340 Notice to the Public.pdf 11-00340 Letter - Orpak USA Inc.pdf 11-00340 Letter - Parts List and Labor Rate.pdf 11-00340 Email - FuelOmat System.pdf 11-00340 Legislation .pdf 11-00340 Summary Form 05-26-11.pdf 11-00340 Sole Source Findings 05-26-11.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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 PH.3 was deferred to the Commission Meeting scheduled for May 26, City ofMiami Page 16 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 2011. PH.4 RESOLUTION 11-00341 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 (A)(1) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PURCHASE OF HAENNI PORTABLE ANALOG VEHICLE SCALES, FOR THE DEPARTMENT OF POLICE, FROM LOADOMETER CORPORATION, THE SOLE SOURCE PROVIDER, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $70,320; ALLOCATING FUNDS FROM LAW ENFORCEMENT TRUST FUND AWARD NO. 1019, PROJECT NO. 19-690002, AND ACCOUNT NO. 12500.191602.664000.0000. 11-00341 Summary Form.pdf 11-00341 Letter of Loadometer Corporation.pdf 11-00341 Memos - Sole Source Finding.pdf 11-00341 Notice to the Public.pdf 11-00341 Email Review of Sole Source Findings.pdf 11-00341 Legislation .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-11-0194 Chair Gort: PH.4. Major Steven Caceres: Commissioners, this is Steve Caceres, major for the Police Department. On PH.4, it's approving, confirming the City Manager's finding of a sole source requirement of sealed bids approving the Haenni Audible [sic] Analog Vehicle Scales from Loadometer Corporation in total amount not to exceed $70,320. These funds will be coming out of DOJ (Department ofJustice), LETF (Law Enforcement Trust Fund) funds. Chair Gort: Okay. Commissioner Sarnoff. So move. Chair Gort: It's a public hearings [sic]. Commissioner Suarez: Second. Chair Gort: Anyone in the public --? Motion made by Commissioner Sarnoff, second by Commissioner Suarez. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. City ofMiami Page 17 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 PH.5 11-00342 Vice Chair Carollo: I have one question. I'm sorry. Public hearing is open and closed? Chair Gort: Public hearing is open and none come forward, so public hearing is closed. Yes, sir. Vice Chair Carollo: I have one question. Why do we need a four fifth vote? Major Caceres: It's a sole source -- Chair Gort: Sole source. Major Caceres: -- vendor. Purchasing can provide information on that. Vice Chair Carollo: Thank you, Major Caceres. Kenneth Robertson: Kenneth Robertson, Purchasing director. Any purchase greater than $25, 000 from a sole source provider requires a four fifth affirmative vote of the Commission. Vice Chair Carollo: Okay. Chair Gort: Any further questions? I have one, andl know you came in late. But my understanding is, I have a letter here from the ChiefExposito that requested this November 15, 2010. It's been over six months. And one of the things we discussed and we talked about it; we need to expedite some of the things. Mr. Robertson: Correct. Purchasing received the request on November 16. We immediately began researching comparable scales that would be considered for purchase in response to this request. We sent specifications to the Police Department on December 14 for their review and consideration. That piece of equipment was deemed to be not approved equal for varying reasons, some of which were due to profile height of the scales, whether they were electric, battery operated or digital versus analog. Additionally, on January 5 we sent five -- four additional models for their review and consideration. And on March 3 the Police Department also came back and said that they are not equal for varying reasons. So we had been working with the Police Department diligently to process this. Our initial feeling was that this was not a sole source finding, but after significant research we do feel that this is warranted. Chair Gort: Because one thing we've been discussing here is the -- we need to expedite some of the transactions that we do in the City. Sometimes we make a decision in here and it takes six months to -- before anything is implemented. And right now with the situation the way it is, we can't afford to do that. So Mr. Manager, one of the things we talked about -- not only about the procurement; we also talked about the ability or expedite the permits, that people want to go get a permit so we can have all our computers talking to each other so we can expedite that. I think that's something we requested and we haven't received any report back on that, so I'd like to get that as soon as possible. Tony E. Crapp, Jr. (City Manager): Yes, sir, Mr. Chairman. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 18 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FOUR HUNDRED FIFTY (450) SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 1717 NORTHWEST 5TH AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS WILLIAMS PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 11-00342 Summary Form.pdf 11-00342 Notice to the Public.pdf 11-00342 Legislation.pdf 11-00342 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Dunn II R-11-0195 Chair Gort: PH.5. Madeline Valdes (Director): Good afternoon. Madeline Valdes, Department of Public Facilities. PH.5 is a resolution authorizing the City Manager to enter into a grant of easement with FP&L (Florida Power & Light) for the City -owned property located at 1717 Northwest 5th Avenue. This is also known as Williams Park. It's to feed energy into the existing building. Chair Gort: Okay, it's a public hearing. Anyone in the public would like to address this issue? Mariano Cruz: Yeah, public hearing. Mariano Cruz, 1227 Northwest 26 Street. I am going to say now whatl didn't say before because I thought it was discussion item, but since it's a public hearing, public hearing -- I am with FPL -- anything that FPL want to do, I am for. You know why? Because if we don't do all these things and all whatever, they're going to supply us with candles, candles and then we have to shut off the air condition, the lights, and we have to have candles. And you know, I am trained electrical engineer specialist, and the transmission of power from the power plant to the substation hasn't changed since -- maybe you know the name -- Kirchhoff in the nineteenth century. He was the one that got the grid system. It haven't changed, the grid -- the transmission of power by grid. Now you got the smart grids on the computer, but the transmission of power haven't change, unless you have built or you invent or discover a super conductor. That way, you can put a power plant 10,000 miles away. You got to have -- all the electricity they got. Magnetism. How you produce electricity? By magnetism, okay. Now that's theory of electricity, (UNINTELLIGIBLE). I mean, the whole thing. Everything there. And you know, base -- I like to have that easement for the power company because if FPL, it want was the only company around here that got the Deming Award. You know who Deming was? You know Mr. Deming, the one that show the Japanese how to work to get the problem before becomes a problem, okay. Then you get Toyota, all that. Toyota (UNINTELLIGIBLE). Toyota now better than GM (General Motors), on top of the world, okay. City ofMiami Page 19 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 SR.1 11-00372 Chair Gort: Thank you, Mr. Cruz. Mr. Cruz: So -- okay. Thank you. Chair Gort: Anyone else would like to address this issue? Being none, close the public hearings [sic]. Board members. Commissioners. Commissioner Sarnoff.. We move it. I'll move it. Chair Gort: It's been moved by -- Vice Chair Carollo: I'll second. Chair Gort: -- Commissioner Sarnoff, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Okey-doke. Ms. Valdes: Thank you. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE II OF THE CODE OF David Sarnoff THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS, AND WATERWAYS/OPERATION OF VESSELS," MORE PARTICULARLY BY ADDING A NEW SECTION TO ESTABLISH AN EXCLUSION/SAFETY ZONE WHEREBY NO MOTORIZED BOATING, NO MOTORIZED VESSEL, AND NO OTHER MOTORIZED WATERCRAFT ACTIVITIES MAY TAKE PLACE IN AND AROUND CERTAIN AREAS OF THE WATERS OFF CITY OF MIAMI OWNED AREAS OF BISCAYNE BAY AND DINNER KEY SPOIL ISLAND, AS SET FORTH IN "COMPOSITE EXHIBIT A," ATTACHED AND INCORPORATED, AND DESIGNATING SUCH EXCLUSION/SAFETY ZONE AS A "VESSEL EXCLUSION ZONE"; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND UNITED STATES AGENCIES TO ESTABLISH THE PROPOSED BUOY LINES FOR SAID EXCLUSION/SAFETY ZONE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 11-00372 Legislation.pdf 11-00372 Legislation SR (Version 2) 05-12-11.pdf 11-00372 Exhibit 1 SR 05-12-11.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 20 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Dunn II SR.2 11-00297 Department of Building and Zoning 13263 Chair Gort: Second reading. Commissioner Sarnoff. I guess I -- Do you want to do this Robert? You want me to do it? I'll do it. This is an ordinance City ofMiami amending Chapter 50/Article II of the Code of the City entitled Ships, Vessels, and Waterway [sic]/Operations [sic] of Vessels,'described therein, whereby no motorized boating and no motorized vessels and no motorized watercraft activities may take place in and around certain areas of the waters off City ofMiami owned areas of Biscayne Bay and Dinner Key Spoil Island set forth in composite A. What it is is a vessel exclusion zone, andl would move this. Vice Chair Carollo: Second. Chair Gort: Motion by Commissioner Sarnoff, second by Vice Chairman Carollo. To -- public hearings [sic]. Anyone in the public would like to address this issue? Showing none. Any discussion? Roll call. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. Chair Gort: Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT," MORE PARTICULARLY BY ADDING A NEW SECTION 2-211, ENTITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE," CREATING AND IMPLEMENTING A PROCESS FOR THE DENIAL OR REVOCATION OF A CERTIFICATE OF USE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00297 Summary Form. FR/SRpdf 11-00297 Legislation.pdf 11-00297 Legislation SR (Version 2) 05-12-11.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 Suarez Absent: 1 - Commissioner(s) Dunn II 13264 Chair Gort: Second Reading 2. City ofMiami Page 21 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Barnaby Min (Zoning Administrator): SR.2 -- Barnaby Min, on behalf of the Office of Zoning -- is an amendment to Chapter 2 of the City Code to establish for procedures or the revocation or denial of certificate of uses. Chair Gort: Okay. It's a public hearing. Is anyone who would like to address this issue? Showing none, we'll close the public hearings [sic]. I have a question. My understanding, since I first got elected last year, I've had problem with a terminal located at 22ndAvenue and 11 th Street and 14 Street. I'm -- Code Enforcement had been there so many times. I'm positive that they don't have in compliance with the original plan that they established maybe ten or fifteen years ago andl keep getting complaints about the oil dropping in the river and so on and we inform (UNINTELLIGIBLE) about it. Can we do anything with this? Mr. Min: The -- this -- the purpose of this ordinance is to give a little more teeth to the City in order to prevent illegal businesses or businesses that are not complying with the City's regulations and ordinances from proceeding any further. Whether there's guarantees that laws will not continue to be broken, I cannot state that. But like I said, this will at least give the City a little more teeth in addition to the Code Enforcement proceedings that currently are occurring. Chair Gort: Okay. Commissioner Sarnoff. Move it. Chair Gort: It's been moved by Commissioner Sarnoff second by Vice Chairman Carollo. Vice Chair Carollo: Second for discussion, though. Chair Gort: Discussion. Vice Chair Carollo: Yes. Is there a definition of good cause? Mr. Min: No, there's no definition of good cause. The way the ordinance is written is that -- although the five items listed under Section 2-211, subsection B, are examples of a good cause, that is not an all-inclusive list of what good cause is. Chair Gort: Okay. My understanding is it's being request by Commissioner Suarez office to -- he'd like to discuss this, but at this time he's back. It's all yours. You finish, Vice Chairman? Commissioner Suarez: Thank you, Mr. Chairman. If -- well -- Vice Chair Carollo: I'll yield to Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Vice Chairman. I think my issue has to do with adding a different substantive thing to it, so if you want to talk about what's already existing, you can go ahead and do that. My issue has to do with -- the last time we were here before this Commission someone asked us what are we trying to do to better other parts of the community that we don't represent. And you know. We were put in a very uncomfortable situation and -- for a variety of other reasons. And one of the things that I'm exploring is the revocation of CU, Certificates of Use, for convenience stores that are found guilty of violating electronic benefits transfer laws. And what's happening is in certain parts of the City is that people are cashing out their electronic benefits, their food stamps in essence, for cash and that's fueling a lot of the drug trade in some of our inner cities. So one of the things that I'd like to add before passing this on second reading, we could add it or we could -- I could bring it separately, which is fine City ofMiami Page 22 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 as well. I mean, whatever the Commissioners prefer. But I'd like some language in there so long as it complies with federal and state regulations that if someone is found guilty of -- if a convenient store is found guilty electronic benefits transfer fraud that their CU be automatically revoked and they not be able to conduct business at that location. Mr. Min: Although I have a problem with the suggestion, I'm not quite sure necessary it's necessary for two reasons. Number one, as we were discussing earlier with -- based on Commissioner Carollo's statement, the basis for the revocation of the CU would be if there's good cause. So if there is wire fraud occurring or an EBT (Electronic Benefits Transfer) fraud occurring, in my opinion there's good cause for the revocation of the CU. Additionally, pursuant to 2-211(b) (4), the specific language is if there's a violation of the law that's committed by the CU holder, that is also a basis for the revocation of the CU. So although the legislation does not say convenient store or EBT fraud or anything along those lines because this is more general for all business holders throughout the City, I believe there's enough teeth to -- in the ordinance, proposed ordinance to address your suggestion. Commissioner Suarez: I think that sounds good. I think -- I guess we'll see how it plays out in practice, andl think that if it continues to be a problem, maybe it's something that can be addressed specifically rather than generally because I understand your arguments and they make sense, so that's it. I guess we'll see how it plays out. And if it continues to be a problem and these CUs are not being revoked in areas where this fraud continues, then we can readdress the problem at that time. Chair Gort: Let me ask a question. The Nuisment [sic] Abatement Board is becoming very active once again. What is the procedure? My understand was the -- ifI recall, any one facility that has more than three police complaints or type of complaint, it should go in front of the Nuisment [sic] Abatement Board and they have the rights to close the place. Mr. Min: Unfortunately, I do -- Chair Gort: Can somebody tell me what the procedure is for that? 'Cause we have a lot of the ordinance, a lot of laws, but they're not being complied with. Julie O. Bru (City Attorney): The Nuisance Abatement Board deals with specific conduct in the premises and they're set forth by state statute. I think it deals with three or more instances of prostitution, dealing drugs and dealing, I think, in stolen property. So it's specific to those kinds of illegal activities, not generally speaking. So if there was a will on the part of this Commission to augment the list of occurrences that we can, you know, site to, we can -- we need do that at the level of Tallahassee at the Legislature. We wanted to add other kinds of illegal activity so that the Nuisance Abatement Board can prosecute those, we would have to add the list to the state statute. Chair Gort: I really would like to do that because we had Code Enforcement going -- this one place Code Enforcement goes about every other day. We had police going every other day. We had Fire Department going every other day. And there's nothing we can do. I mean, it's ridiculous. I mean, they're making fun of us. And the neighbors is within a real nice residential area, they're very upset and you can't blame them. That's been going on for years. I'd like to see something on that, please. Okay. Ms. Bru: And we can consider that as a directive by this Commission to make sure that we put that in our legislative agenda for next session. Chair Gort: Yes. Any further discussion? Ordinance. City ofMiami Page 23 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 11-00343 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, BASE BUILDING LINES," TO AUTHORIZE THE CITY COMMISSION TO PERMIT PREVIOUSLY PERMITTED ACCESSORY STRUCTURE BUILT PRIOR TO MARCH 24, 1983, WITHIN THE DEDICATED RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00343 Summary Form FR/SR.pdf 11-00343 Legislation.pdf 11-00343 Legislation SR 05-26-11.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: FR.1. Nzeribe Ihekwaba (Director): Good afternoon. Zerry Ihekwaba, Public Works. FR.1 is an ordinance to authorize the City Commission to permit previously permitted accessory structures within the public right-of-way. Currently Chapter 54 of the City code provides a procedure for long-standing encroachments to be permitted by the City Commission. However, it applies to only fences, walls, and hedges. The current legislation will allow previously accessory structures that had been permitted by the Building Department, such as awnings, swimming pools and other structures, to be grandfathered under this ordinance change. Chair Gort: Thank you. First reading. Public hearing. Anyone in the public would like to address this issue? Mariano Cruz: Yes. Mariano Cruz, 1227 26 Street. I agree with this ordinance in principle, you know, especially since people now sometime they built a lot of things there in the -- by the way and without asking permission or anything. So the swale belongs to everybody to the City, whatever you -- actually, the property owner is giving that to the City and they come and put all kind of triangles or rock or the whole thing; it shouldn't be there. It should be allowed for the people to park. I agree with that. And also, the one thing I'd like to say -- because this give me the time, public hearing -- to remind the people out there listening. Zerry is a good public servant because I call him and he return the calls. Other director, you call them, they don't bother to. They call ASAP (As Soon As Possible). I don't know what means ASAP, or as soon as previous, whatever it is, you know. Andl know the system. If that happens to me what City ofMiami Page 24 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 happen to John Doe out there. No. Their inspector -- now, they harassing and they practicing -- you know what doing, MBI, management by intimidation. They come and get there. The old people, the widows with the batch, enter the premises, and you can't do this. No. No. That's bad because -- the minute I get the specifics -- I cannot name names because I don't have specifics. But when I get specifics, I'm going to come here and name names. And they don't intimidate me, not at all. Chair Gort: Thank you. Anyone else? Yes, sir. Tony Recio: Thank you, Mr. Commissioner. Tony Recio, law office at 2525 Ponce de Leon Boulevard. 171 be very brief. We're in support of this ordinance. It would require a showing that there is a permit issued way back when. I've actually -- this was prompted by a client who has a permit going back to 1952. It was permitted certificate of occupancy, and everything, and then only with a recent survey was it discovered that it was actually slightly into the right-of-way. So that's the purpose of this ordinance, and would urge you to pass it. Thank you. Chair Gort: Thank you. Anyone else? Being none, we close the public hearings [sic]. Commissioner Sarnoff.. So moved. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any further discussion? Being none, ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Gort: Thank you. FR.2 ORDINANCE First Reading 11-00344 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR," TO INCLUDE A WAIVER OF PERMIT FEES PROCEDURE FOR CERTAIN MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT ROADWAY IMPROVEMENT PROJECTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00344 Summary Form FR/SR.pdf 11-00344 Letter of Request for Waiver FR/SR.pdf 11-00344 Legislation .pdf 11-00344 Legislation SR 05-26-11.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez City ofMiami Page 25 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Nzeribe Ihekwaba (Director, Public Works): FR.2 is an ordinance to provide a waiver of permit fees and a procedure for construction reconstruction and maintenance ofMiami-Dade County Public Works Department improvement projects within the City ofMiami. What has happened is that when the County intends to reconstruct or improve their right-of-ways [sic] that are located within City limits, the City code requires that they pay for permit fees. This amendment would allow the City Manager a procedure and a process to waive such permit fees. It is going to be contingent on a commitment to reciprocate by Miami -Dade County. The package has a commitment letter from the County Public Works director, as well as the stipulation codified in the County Code in Chapter 2, Article 14 of the County Code, Section 2-103.4 that allows the County to waive permit fees for governmental agencies. So this is going to be a reciprocal legislation by the City. Chair Gort: Thankyou. Public hearings [sic]. Anyone would like to address this issue? Mariano Cruz: Yes. Mariano Cruz, 1227, 26th Street, Miami, Florida 33142-7639. (UNINTELLIGIBLE) ZIP (Zone Improvement Plan) Code the way the letters come straight to my house there. I agree with this because Department of Public Works, the only thing they have to do in a way, provide the people with a lot of service that they provide that are free. Because I hate to see these people that go there, they like buzzards, you know, trying to get the money from people, runners. I know a lady, they told me, that sell hot dogs. You know, a little cart there. Over 65. That's free. I -- just to apply at Public Works and that's it. And somebody charge her $1, 000 to fill a paper. You know, that's abusive what some people do. I have to solve a lot -- ABDA (Allapattah Business Development Authority) solve a lot of people their licenses of the people that they don't know how the system. Andl like to see something like that expediting the service because they -- people of the City, the workers, especially now on this kind of problem, especially the ones that are nonclassified, you know -- the cemeteries are full of important people. There are no important people, important position. You will be important when you are in that position. The minute you're not -- you are a nonclassified and they throw you out -- they can throw you out five minutes, okay. Think of that. And we are in that kind of time now. Not me. I am not expendable because all my income is safe. It's federal. Chair Gort: Thankyou. Anyone else would like to address this issue? We close the public hearings [sic]. I have a question. The -- Mr. Ihekwaba: Yes. Chair Gort: -- only thingl would like to see -- andl don't mind waiving the fee, butl would like to see -- to make sure that before they get the developer, whoever does that work, they get the -- their funding or their payment for the final -- that we get a final inspection from the City ofMiami. 'Cause we seen a lot of the work that's being done and it's not in accordance with the -- our regulation and our procedures and our standards. I just want to make sure that we -- whatever work they do in the City ofMiami, when they finish, they're in compliance with our standards. Mr. Ihekwaba: Agreed. Chair Gort: All right. Mr. Ihekwaba: Okay. Chair Gort: Ordinance. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 26 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 RE.1 11-00345 Department of Fire -Rescue Priscilla A. Thompson (City Clerk): Now, Chair, I just need a mover and seconder, please. Gort Chair: It's been moved by Commissioner Dunn, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." Ms. Thompson: No, no, no. I have to -- Chair Gort: (UNINTET,T IGIBT ,F). Ordinance. Read. Ms. Thompson: Yes. Thank you. Chair Gort: Sony. Ms. Thompson: This is your roll call for your ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING THE VILLAGE OF KEY BISCAYNE, THE CITY OF MIAMI BEACH, AND THE CITY OF CORAL GABLES AS PARTICIPATING AGENCIES IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2009, PURSUANT TO RESOLUTION NO. 10-0290, ADOPTED JULY 8, 2010; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE FISCAL YEAR 2009 UASI PROJECT, ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS FOR HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI GUIDELINES, FROM UASI PROJECT NO. 18-180022, SUBJECT TO BUDGETARY APPROVAL. 11-00345 Summary Form.pdf 11-00345 Pre-Legislation.pdf 11-00345 Legislation.pdf 11-00345 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-11-0197 Chair Gort: RE.1. City ofMiami Page 27 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Deputy Fire Chief Reginald Duren: Good afternoon. Reggie Duren, deputy fire chief Department of Fire -Rescue. RE.1 is a resolution of the Miami City Commission adding the Village of Key Biscayne, the City ofMiami Beach, and the City of Coral Gables as participating agencies in the Miami Urban Security Initiative grant program, fiscal year 2009. Chair Gort: Okay. Do I have a motion? Vice Chair Carollo: So move. Commissioner Dunn: So moved. Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Dunn. Discussion. I have a couple of questions. My understanding, in the past -- and I'm looking through the contract -- my understanding, this is going to be a $10 million that we're going to receive to comply with the -- andl was looking through all the documents in here and there's quite a -- quite -- lot of requirements that needs to be complied with in order for us to get reimbursed. My understanding, in the past we had paid for the purchases and then we were paid later on when the procurements -- or whenever the federal government and the state decided to -- that we complied with all their requirements and all the -- and my understanding right now, we have outstanding X'=- how much we have outstanding? Deputy Fire Chief Duren: Currently it's right in the area of $7 million. Chair Gort: Seven million dollars. And this is from which fiscal year? Deputy Fire Chief Duren: It's through several fiscal years. Chair Gort: Okay. My understanding is you are working on this transaction, make sure we get all documentation so we can get those funds back. Deputy Fire Chief Duren: Yes, sir. We're doing everything we can to expedite getting those reimbursements completed. Chair Gort: Also, in reading the contracts in here, my understanding is the City's willing to comply that they will not get paid until the City ofMiami gets paid -- reimbursed. Deputy Fire Chief Duren: That is correct. And that's what should greatly continue to diminish that outstanding debt, and that is the fact that we don't front for any municipalities or the County presently moving forward. Chair Gort: Thank you. I just wanted to put that on the record. Also -- Deputy Fire Chief Duren: Yes. Chair Gort: -- we get three percent administration. Deputy Fire Chief Duren: Yes, sir. Chair Gort: Okay. Thank you. Deputy Fire Chief Duren: Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." City ofMiami Page 28 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 RE.2 11-00346 Department of Fire -Rescue The Commission (Collectively): Aye. Chair Gort: Thank you sir. Thank you, chief. Deputy Fire Chief Duren: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING BROWARD COUNTY AS A PARTICIPATING AGENCY IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2007, PURSUANT TO RESOLUTION NO. 08-0196, ADOPTED APRIL 10, 2008; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT ("MOA"), IN SUBSTANTIALLY THE ATTACHED FORM, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $287,424.37; ALLOCATING SAID FUNDS, FOR HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI GUIDELINES, FROM UASI PROJECT NO. 18-180011-AWARD NO. 1564. 11-00346 Summary Form.pdf 11-00346 Modification #3 to Grant Agreement.pdf 11-00346 Modification #2 to Grant Agreement.pdf 11-00346 Modification #1 to Grant Agreement.pdf 11-00346 Pre-Legislations.pdf 11-00346 Legislation.pdf 11-00346 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: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0198 Chair Gort: RE.2. Deputy Fire Chief Reginald Duren (Fire -Rescue): RE.2. RE.2 is a resolution of the City of Miami Commission adding Broward County as a participating agency in the Miami Urban Security Initiative grant program, fiscal year 2007, in an amount not to exceed $287,424.37. Chair Gort: Okay. Is there a motion? Commissioner Dunn: So moved. Chair Gort: Commissioner Dunn. Vice Chair Carollo: Second. Chair Gort: Second by Vice Chairman Carollo. Commissioner Dunn: Mr. Chairman, I just want -- City ofMiami Page 29 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Chair Gort: Yes. Commissioner Dunn: -- to ask a question. By adding them, that strengthens the application? Deputy Fire Chief Duren: Oh, no, sir. This grant we've already received and accepted. Commissioner Dunn: Okay. Deputy Fire Chief Duren: So basically what we're doing is they had an expense that occurred in a previous year; they didn't complete the project, so this allow them to be reimbursed. And we did expend that grant which they were involved in previously. Commissioner Dunn: I remember, I remember. Okay. Deputy Fire Chief Duren: Yes, sir. Chair Gort: Now as I understand also, when I look at the budget was put together, the -- you already put a budget and so everyone is going with that budget. In other words, all the purchases and all those services in accordance to the budget that was presented here. Deputy Fire Chief Duren: Yes, sir. Chair Gort: And then you're going to divide it among the different cities. Who decides what gets who? Deputy Fire Chief Duren: Well, what happens is they have a group, a committee within the UASI (Urban Areas Security Initiative) called an Urban Area Secur -- I'm sorry -- called the UAWG, Urban Area Work Group. And what they do is they get together and they determine which projects meet the needs of the community of this specific region on an annual basis. Chair Gort: All right. Thank you. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Deputy Fire Chief Duren: Okay. RE.3 RESOLUTION 11-00347 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Fire -Rescue AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATION #1 TO THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT, IN ORDER TO REINSTATE, MODIFY AND EXTEND THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2008, WHICH EXTENDS SAID AGREEMENT FROM MAY 31, 2011 TO AUGUST 31, 2011; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SUBSEQUENT MODIFICATIONS, AMENDMENTS, EXTENSIONS, OR MEMORANDA OF AGREEMENTS, AS NECESSARY, FOR SAID UASI GRANT PROGRAM FISCAL YEAR 2008 ON ALL MATTERS EXCEPT THOSE City ofMiami Page 30 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 DEALING WITH FUNDING CHANGES. 11-00347 Summary Form.pdf 11-00347 Pre-Legislation.pdf 11-00347 Legislation.pdf 11-00347 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-11-0199 Deputy Fire Chief Reginald Duren (Fire -Rescue): RE.3 is a resolution of the City ofMiami Commission authorizing the City Manager to execute modification number one to the grant agreement in substantially the attached form with the State of Florida/Division of Emergency Management in order to reinstate, modify and extend the Miami Urban Area Security Initiative grant program, fiscal year 2008, from May 31, 2011 to August 31, 2011; further authorizing the City Manager to extend subsequent modifications, amendments, extensions or memorandum of agreements as necessary for said UASI (Urban Area Security Initiative) grant program, fiscal year 2008, on all matters except those dealing with funding changes. Chair Gort: Thank you. Is there any -- motion? Vice Chair Carollo: So moved. Commissioner Dunn: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Dunn. This means we're going to get all $7 million this year? Deputy Fire Chief Duren: That's our goal. Chair Gort: Okay. Thank you. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you, chief. Deputy Chief Duren: Thank you. RE.4 RESOLUTION 11-00349 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF LEONARD WATSON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $110,850, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS City ofMiami Page 31 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 1-00349 Memorandum Office of the City Attorney.pdf 1-00349 Memorandum Financial Signoff.pdf 11-00339 Legislation .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-11-0200 Julie O. Bru (City Attorney): RE.4. This is a proposed settlement in the case of Leonard Watson versus City ofMiami. It's a worker's compensation. This would settle all claims against the City by the above -- by Mr. Watson in the amount of $110, 850. Chair Gort: Thank you. Do I have a motion? Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Dunn. Any discussion? Commissioner Dunn: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Dunn: I'm following the lead of my Vice Chairman. If he's okay with it, I'm okay with it. That's true. Vice Chair Carollo: Don't cause us to have a shade meeting now. Commissioner Dunn: All right. I'll leave it alone. Vice Chair Carollo: I'll yield to the attorney here. Commissioner Sarnoff. So moved. Co moved. Chair Gort: Well, it's -- Commissioner Dunn: No. We had already -- Vice Chair Carollo: No. We already did that. Chair Gort: -- been moved and second. Commissioner Dunn: -- we already (UNINTELLIGIBLE). Chair Gort: Further discussion? Vice Chair Carollo: You know I'm not -- City ofMiami Page 32 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Sarnoff. It's a good settlement. Vice Chair Carollo: -- crazy about settlements ever -- Commissioner Sarnoff. It's a good settlement. Vice Chair Carollo: -- you know. Commissioner Sarnoff. It's a good settlement. Commissioner Dunn: That's why I said that. Vice Chair Carollo: But -- Chair Gort: It's a good one. Vice Chair Carollo: -- exactly. You know I'm not crazy about settlements, but you know, after some extensive conversation with City Attorney's office, I do believe it's a good settlement. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.5 RESOLUTION 11-00403 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Commissioner Marc AUTHORIZING THE TRANSFER OF ADDITIONAL COMMUNITY David Sarnoff DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTALAMOUNT OF $157,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI CAPITAL IMPROVEMENTS PROJECT DEPARTMENT, SPECIFICALLY IN THE AMOUNT OF $140,000 TO LEGION PARK AND $17,000 TO DOUGLAS PARK, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR ELIGIBLE PUBLIC FACILITIES AND IMPROVEMENTACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 11-00403 Legislation.pdf 11-00403 Exhibit 1.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-11-0201 George Mensah: George Mensah, director of Community Development. RE.5 is a resolution of Miami City Commission authorizing a transfer of additional CDBG (Community Development Block Grant) funds in the amount of $157,000 from the District 2 economic development reserve account and allocating those funds to capital improvement for specifically Legion Park and Douglas Park. City ofMiami Page 33 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 RE.6 11-00299 Department of Capital Improvements Program RE.7 11-00408 Office of the City Attorney Commissioner Sarnoff. So moved. Vice Chair Carollo: Second. Chair Gort: Okay, it's been moved and second. Public hearing. Nobody wants to speak. No. We close the public hearings [sic]. Any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: RE.6. Vice Chair Carollo: And 7 have been deferred. Chair Gort: -- have been deferred, okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, REPLACING THE INTERLOCALAGREEMENTTHAT WAS EXECUTED PURSUANT TO RESOLUTION NO. 07-0272, ADOPTED MAY 10, 2007, TO CONTINUE TO ALLOW THE CITY OF MIAMI TO RECEIVE ITS PORTION OF MUNICIPAL SHARE FUNDS FROM THE CHARTER COUNTY TRANSIT SYSTEM SURTAX ("SURTAX") FOR TRANSPORTATION AND TRANSIT PROJECTS, AND TO ALLOW THE USE OF THE SURTAX FOR ON -DEMAND TRANSPORTATION SERVICES, PRE -ARRANGED TWENTY-FOUR HOURS IN ADVANCE, FOR LOW-INCOME SENIORS WHO ARE AGED 65 YEARS OR OLDER AND INDIVIDUALS WITH DISABILITIES. 11-00299 Summary Form.pdf 11-00299 Pre-Legislation.pdf 11-00299 Legislation.pdf 11-00299 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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 RE.6 was deferred to the Commission Meeting scheduled for May 26, 2011. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PAYMENT OF ATTORNEYS FEES AND COSTS, IN THE AMOUNT OF $113,439.40, FOR THE PURPOSE OF REPRESENTING FORMER COMMISSIONER MICHELLE SPENCE JONES IN CASES STYLED STATE OF FLORIDAV. MICHELLE SPENCE JONES, CASE NOS. (1) F10-06571 AND City ofMiami Page 34 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.1 11-00139 (2) F10-32859; ALLOCATING FUNDS FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.549000.0000.00000. 11-00408 Memorandum City Attorney Office.pdf 11-00408 Memorandum Financial Signoff.pdf 11-00408 Legislation.pdf 11-00408 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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 RE.7 was deferred to the Commission Meeting scheduled for May 26, 2011. RESOLUTION END OF RESOLUTIONS BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 11-00139Arts CCMemo.pdf 11-00139Arts Current_Board_Members.pdf 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 Chair Gort: Board. Priscilla A. Thompson (City Clerk): Commissioners. Chair Gort: Yes. Ms. Thompson: All right. We have board items. I do have names proffered by the Mayor, so is it your pleasure that go through each one of these? Chair Gort: Go right ahead. City ofMiami Page 35 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Ms. Thompson: Okay. BC.1, we have an appointment due by Vice Chair Carollo. Vice Chair Carollo: I am going to continue. Ms. Thompson: That's your motion? Vice Chair Carollo: I'll make it as a motion then. Ms. Thompson: Thank you. And we need a second. Commissioner Sarnoff. Second. Ms. Thompson: Thank you. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. BC.2 RESOLUTION 11-00228 Office of the City Clerk BC.3 11-00229 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez 11-00228 Audit CCMemo.pdf 11-00228 Audit Current_Board_Members.pdf NO ACTION TAKEN Priscilla A. Thompson (City Clerk): On BC.2, Commissioner Suarez is not here. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Francis Suarez Commission At Large 11-00229 Bayfront CCMemo.pdf 11-00229 Bayfront Current_Board_Members.pdf City ofMiami Page 36 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.4 11-00371 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 Priscilla A. Thompson (City Clerk): On BC.3, we need a 5-5 on one of those, but we do have on BC. 3 for the Bayfront Park Management Trust, Commissioner Suarez has an appointment, and there is an at large seat. Currently, the person in the at -large seat is Ms. Elena Carpenter. If Ms. Carpenter should be reappointed, because of her length of term, she would need a 5-5 term limit waiver. Vice Chair Carollo: So let's just continue. Ms. Thompson: And we don't have 5-5 here so. Vice Chair Carollo: Exactly. Chair Gort: Continue. Ms. Thompson: Okay. Can get a motion, please? Vice Chair Carollo: I move to continue BC. 3. Commissioner Sarnoff.. Second. Chair Gort: Moved by Vice Chairman Carollo, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City ofMiami Page 37 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel 11-00371 CIP CCMemo.pdf 11-00371 CIP Current_Board_Members.pdf 11-00371 CIP Nominations.pdf 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 Suarez Absent: 1 - Commissioner(s) Dunn II Priscilla A. Thompson (City Clerk): On BC.4, the Civilian Investigative Panel, the Mayor has proffered the names from the list of candidates submitted by the Civilian Investigative Panel, of Mr. Ellis Berger and Mr. RolandoAedo. Commissioner Dunn: So moved. Vice Chair Carollo: Question. Ms. Thompson: Yes, sir. Vice Chair Carollo: As far as those names, are -- and I'm sorry; I just received the information -- do they have to be within certain districts or so forth because it appears like the vacancy's from District 3? Ms. Thompson: Okay. According to what I have here, if it's the Mayor's appointment, as far as I know, they're citywide. And it's -- right now it's the Mayor who's making those appointments. And if I'm not mistaken andl -- if I'm not mistaken, the previous appointments to the board were not necessarily by districts. Commissioner Sarnoff. Right. Vice Chair Carollo: Right. And didn't -- as -- can we just table this and just pick it up later, the BC.4 item? Chair Gort: No problem. Vice Chair Carollo: Yeah, we'll just table it and -- thank you. That way I can -- Chair Gort: We'll come back. [Later..] Chair Gort: Okay, we're back. We got PZ (Planning & Zoning) items. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I -- after discussing with the City Clerk, you know, in looking at some of City ofMiami Page 38 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 the materials I had, we actually did change the makeup of the CIP board and two -- there should be a makeup of two members from each Commission district for the CIP board. Chair Gort: Yes. Vice Chair Carollo: However, it seems like all the old members are still there and -- as members, andl don't know which is from what districts and so forth. And what I'm afraid that it's going to be filled up andl won't have my nomination for -- my two nominations for each district, so whatl recommend is that we continue BC.4, if possible. Chair Gort: Okay. There's a recommendation to continue -- what was it? Vice Chair Carollo: BC. 4. Chair Gort: BC.4. Moved by Commissioner -- Commissioner Sarnoff. Second. Chair Gort: -- Vice Chairman Carollo, second by Commissioner Sarnoff. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Thank you. BC.5 RESOLUTION 11-00365 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Pierre Rutledge Commissioner Richard Dunn II 11-00365 CEB CCMemo.pdf 11-00365 CEB Current_Board_Members.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-11-0203 A motion was made by Commissioner Dunn II, seconded by Vice Chairman Carollo, and was passed unanimously, with Commissioner Suarez absent, to appoint Pierre Rutledge as a member of the Code Enforcement Board; further waiving the employmnet restriction of Section of 2-884 (e) by a four/fifths (4/5ths) affirmative vote of the members of the City Commission, as it relates to Pierre Rutledge as a member of the Code Enforcement Board. Chair Gort: BC.5. City ofMiami Page 39 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Vice Chair Carollo: Thank you. Priscilla A. Thompson (City Clerk): On BC.5, we have appointments to the be made to the Code Enforcement Board, Commissioner Dunn and three appointments for mem -- the Commissioner [sic] at large. Commissioner Dunn: Code Enforcement. I have an appointment? Ms. Thompson: Yes, you do. The individual who's currently serving, Mr. Anthony Cantey, he has extended absences for the year 2010 and 2011. If you should wish to reappoint him, you would need a four fifth waiver. Commissioner Dunn: How many absences has he had, ifI may ask? Ms. Thompson: Yes. In the year 2010, he had six. And in the year 2011, he has six. Commissioner Dunn: And what is the cap, maximum? Ms. Thompson: According to the Code, anyone who has three consecutive ab -- Commissioner Dunn: Okay, I'm good. I want to proffer the name of Pierre Rutledge. Ms. Thompson: Pierre Rutledge. Vice Chair Carollo: Second. Chair Gort: Okay. Ms. Thompson: Before we move on, if Mr. Rutledge is an employee of Metropolitan Dade County or some other municipality, he will need a four fifth term waiver. Commissioner Dunn: He's a School Board. That's -- is that considered a -- it's not a municipality. That's part of the -- Ms. Thompson: It is a district. Commissioner Dunn: Okay. Chair Gort: Four fifth. We have four -- Commissioner Dunn: Four fifths, okay. Ms. Thompson: So Commissioner Dunn, you're proffering the name ofMr. Pierre Rutledge, with a four -fifth employment waiver, if necessary. Commissioner Dunn: That's correct. Chair Gort: Right. Ms. Thompson: Okay. I'm sorry; who was the seconder? Chair Gort: Vice Chairman -- City ofMiami Page 40 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Dunn: No second. Vice Chair Carollo: Oh, I made the second. Ms. Thompson: Okay, thank you. Commissioner Dunn: Yeah. Vice Chair Carollo: I second it. Commissioner Dunn: Yeah, yeah. Chair Gort: Okay. Vice Chair Carollo: I thought you asked if there was a second -- Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Then you want to move from there and not make any Commission at large appointments? Chair Gort: At this time I'm not ready. Vice Chair Carollo: No. Chair Gort: I don't know if any of the Commissioners would like to make -- Vice Chair Carollo: No. BC.6 RESOLUTION 11-00369 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maria Mascarenas Commissioner Marc David Sarnoff Liliana Dones Commissioner Marc David Sarnoff 11-00369 CSW CCMemo.pdf 11-00369 CSW Current_Board_Members.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-11-0204 City ofMiami Page 41 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.7 11-00235 Office of the City Clerk of women. Appointments to be made by Chair Gort. Chair Gort: Waive. Ms. Thompson: Then Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Commissioner Sarnoff. Commissioner Sarnoff.. Continue. Ms. Thompson: Commissioner Sarnoff, ifI might, I do have a sheet from your office. Commissioner Sarnoff.. You do? Ms. Thompson: Yes. Commissioner Sarnoff.. Who is it? Ms. Thompson: You -- according to your sheet, you would be reappointing Ms. Maria Mascarenas and Lillian [sic] Dones. Commissioner Sarnoff.. Okay. We'll make that motion. Vice Chair Carollo: Second. Chair Gort: Okay. It's been moved by Commissioner Sarnoff, second by 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 APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-00235 CRB CCMemo.pdf 11-00235 CRB Current_Board_Members.pdf 11-00235 CRB Liaison Memo.pdf 11-00235 CRB Resumes.pdf NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Marc David Sarnoff Commissioner Francis Suarez City ofMiami Page 42 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 Priscilla A. Thompson (City Clerk): On BC.7, your Community Relations Board, appointments are scheduled to be made by Commissioner Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Commissioner Sarnoff. Commissioner Sarnoff. Continue. Ms. Thompson: And then Commissioner Suarez is not here, so ifI can get a motion, please. Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Gort: Moved by Vice Chairman Carollo, second by Commissioner Dunn. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.8 RESOLUTION 11-00231 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 11-00231 CTAB CCMemo.pdf 11-00231 CTAB Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Priscilla A. Thompson (City Clerk): As we move to BC.8, BC.8 would be an appointment to the Community Technology Board. Commissioner Carollo. Vice Chair Carollo: Continue as a motion. Chair Gort: There's a motion by Vice Chairman Carollo, second by Commissioner Dunn. All in favor, state it by saying iiye. " City ofMiami Page 43 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.9 11-00232 Office of the City Clerk The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TERM LIMIT BY A FIVE -FIVE UNANIMOUS AFFIRMATIVE VOTE, AS IT RELATES TO MIRIAM URRAAS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD. 11-00232 EOA Term Waiver CCMemo.pdf 11-00232 EOA Waiver Current_Board_Members.pdf NO ACTION TAKEN Priscilla A. Thompson (City Clerk): Because we don't have five members on the dais, we'll have to pass on BC.9 because that would require five five term limit waiver. BC.10 RESOLUTION 11-00241 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: 11-00241 EOA CCMemo.pdf 11-00241 EOA Current_Board_Members.pdf NOMINATED BY: Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Marc David Sarnoff AFSCME 1907 IAFF FOP 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 Priscilla A. Thompson (City Clerk): On BC.10, your Equal Opportunity Advisory Board. We've not received any recommendations from the unions for their appointments. Then we have appointments to be made by Chair Gort, Commissioner -- I'm sorry; Vice Chair Carollo and Commissioner Sarnoff. City ofMiami Page 44 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.11 11-00333 Office of the City Clerk Chair Gort: Continue. Vice Chair Carollo: Continue. Commissioner Sarnoff.. Continue. Ms. Thompson: Can I get a motion, please? Chair Gort: Motion by Vice -- Vice Chair Carollo: Second. Chair Gort: -- Chairman Carollo, second by Commissioner Sarnoff. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Sandor Lenner Commissioner Marc David Sarnoff Carol Gardner Commissioner Richard Dunn II Diana Gomez City Manager Tony E. Crapp, Jr. 11-00333 Finance CCMemo.pdf 11-00333 Finance Current_Board_Members.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-11-0205 Priscilla A. Thompson (City Clerk): Then we move on to BC.11, the Finance Committee. Chair Gort, you have an appointment to be made, along with Commissioner Sarnoff, Commissioner Suarez, Commissioner Dunn and the City Manager. Commissioner Sarnoff, I do have your sheet. Commissioner Sarnoff.. Sandor Lenner. Ms. Thompson: I'm sorry? Commissioner Sarnoff.. I'd like to appoint and re -- City ofMiami Page 45 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Ms. Thompson: Is your mike on? Commissioner Sarnoff.. Like to reappoint Sandor Lenner. Ms. Thompson: Sandor Lenner, okay. Vice Chair Carollo: Second. Ms. Thompson: Well, can we --? Commissioner Dunn: Still got some more. Ms. Thompson: Yes, we have some more to go. Vice Chair Carollo: Sorry. Ms. Thompson: Commissioner Dunn? Vice Chair Carollo: Carol Gardner. Ms. Thompson: City Manager? Tony E. Crapp, Jr. (City Manager): Diana Gomez. Ms. Thompson: Then we would need the motion. Commissioner Sarnoff.. So moved. Vice Chair Carollo: Second. Commissioner Dunn: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.12 RESOLUTION 10-00766 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Richard Dunn II 10-00766 Health CCMemo.pdf 10-00766 Health Current_Board_Members.pdf City ofMiami Page 46 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 Priscilla A. Thompson (City Clerk): On our BC.12, your Health Facilities Authority Board, there is an appointment to be made by Vice Chair Carollo -- Vice Chair Carollo: I'd like -- Ms. Thompson: -- and Commissioner Dunn. Vice Chair Carollo: -- to continue this one and the rest of the -- Ms. Thompson: Can get a separate motion from you then for your remaining ones? Can we --? Okay. All right. Commissioner Dunn? Do you want to do yours now or --? Commissioner Dunn: I -- if you -- apologize -- what's the criterion for --? Ms. Thompson: They must be a resident of the City ofMiami. This is a state board, so they have -- their residency cannot be waived or anything like that. We can't give any waivers that we would normally give for this particular board because it's -- Commissioner Dunn: Got it. Ms. Thompson: -- set up by state statute. Commissioner Dunn: I have to continue that one. Ms. Thompson: Okay. Vice Chair Carollo: Okay. Chair Gort: Okay. For this one, we have a motion by Commissioner Carollo and second by Commissioner Dunn. All in favor, state it by saying aye." The Commission (Collectively): Aye. Vice Chair Carollo: And now I'd like to make a motion to continue the rest of my appointments. I'd like to continue the rest of my appointments, yes. Chair Gort: Motion by Vice Chairman Carollo, second by Commissioner Dunn. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Thank you. BC.13 RESOLUTION 11-00233 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS City ofMiami Page 47 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.14 11-00246 DESIGNATED HEREIN. AP POI NTEES/CATEGORI ES: (Business/Finance/law - Category 6) (Architectural Historian - Category 3) (Architect - Categoryl ) 11-00233 HEP CCMemo.pdf 11-00233 HEP Current_Board_Members.pdf 11-00233 List HEP applicants.pdf 11-00233 HEP Applications.pdf NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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: BC.13. Priscilla A. Thompson (City Clerk): If you would bear with me as I go through. We're having a technical -- We move on to BC.13. Commissioner Dunn: Yes. Ms. Thompson: BC.13 is your Historic and Environmental Preservation Board. This is a board where you have to make your appointments from advertisements. We do have listed appointments -- Vice Chair Carollo have been continued and Commissioner Suarez are not here so we'll be passing on that one. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Albena Sumner Commissioner Richard Dunn II 11-00246 Homeland CCMemo.pdf 11-00246 Homeland Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, 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 City ofMiami Page 48 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 R-11-0206 Priscilla A. Thompson (City Clerk): On BC 14, this is your Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Then there would be an appointment left for Commissioner Dunn. Commissioner Dunn: On 14? Ms. Thompson: Yes. Commissioner Dunn: Albena Summer -- Sumner. Ms. Thompson: Okay, Albena Summer [sic]. Commissioner Sarnoff. Second. Chair Gort: There's a motion by Commissioner Dunn, second by Commissioner Sarnoff. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.15 RESOLUTION 10-01396 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Roy Hardemon City Manager Tony E. Crapp, Jr. 10-01396 Liberty CCMemo.pdf 10-01396 Liberty Current_Board_Members.pdf 10-01396 Liberty Applications. pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, 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-11-0202 Chair Gort: BC.15. Priscilla A. Thompson (City Clerk): On BC.15, this is an appointment to be made by the City Manager on the Liberty City Community Revitalization Trust. Mr. Manager, your appointment has to be made from the names of the eligible individuals who applied. Tony E. Crapp, Jr. (City Manager): Mr. Roy Hardemon. Commissioner Sarnoff. Second. Ms. Thompson: No. Well, hold on. That's the Manager's making his, so we need -- City ofMiami Page 49 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.16 11-00366 Office of the City Clerk Commissioner Sarnoff.. There is no one else. Chair Gort: We need a motion. Commissioner Dunn: So move. Commissioner Sarnoff.. Second. Commissioner Dunn: Moved by Commissioner Dunn, second by Commissioner Sarnoff. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: We can't let him make motions. We'll get in trouble. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL ASAMEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Wifredo (Willy) Gort Chairman Wifredo (Willy) Gort 11-00366 MSEACCMemo.pdf 11-00366 MSEA Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, 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-11-0207 Priscilla A. Thompson (City Clerk): Okay. On BC.16, this would be the Miami Sports and Exhibition Authority. Chair Gort has an appointment. Chair Gort: I have one appointment. Ms. Thompson: Yes. In other -- Chair Gort: I'll reappoint an individual. Ms. Thompson: You're going to reappoint yourself? Chair Gort: Yes. Ms. Thompson: Right? Okay. Will someone want --? Commissioner Sarnoff.. We're glad to have him. Seconded. City ofMiami Page 50 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.17 11-00367 Office of the City Clerk BC.18 11-00202 Office of the City Clerk Commissioner Dunn: So moved. Chair Gort: Moved by Commissioner Dunn, seconded by Commissioner Sarnoff. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 11-00367 NAB CCMemo.pdf 11-00367 NAB Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Priscilla A. Thompson (City Clerk): BC.17 is -- would be Vice Chair Carollo and he's continued his. Just one second, please. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) 11-00202 OAB CCMEMO.pdf 11-00202 OAB Current_Board_Members.pdf 11-002-2 OAB Applications.pdf NOMINATED BY: Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 51 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.19 11-00368 Office of the City Clerk BC.20 10-00918 Office of the City Clerk Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Priscilla A. Thompson (City Clerk): BC.18, we have appointments to be the Overtown Advisory Board/Overtown Community Oversight Board to be made by the District 5 Commissioner -- Commissioner Dunn: Continued. Ms. Thompson: --from the names of the qualified applicants so listed. Do you need me to run -- go through --? Commissioner Dunn: I want to continue it, please. Ms. Thompson: Okay. So that's your motion to continue. Chair Gort: There's a motion by continue by Commissioner Dunn, second by Commissioner Sarnoff. All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 11-00368 PRAB CCMemo.pdf 11-00368 PRAB Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Priscilla A. Thompson (City Clerk): Okay. Then we move to BC.19. BC.19 would be for the Parks and Recreation Advisory Board. We won't take any action on that one because that is for District 3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ernest Martin Commissioner Richard Dunn II City ofMiami Page 52 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.21 11-00250 Office of the City Clerk 10-00918 PZAB CCMemo.pdf 10-00918 PZAB Current_Board_Members.pdf 10-00918 PZAB Applications. pdf 10-00918 PZAB Substitution CCMemo 05-12-2011.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0196 Priscilla A. Thompson (City Clerk): On BC.20, these are appointments to be made to the Planning, Zoning and Appeals Board on -- for this particular board, all appointments must be made from the list of eligible applicants that we receive. This is one thatl sent you a substitute memo on because when we went to print, we only had the names of the eligible applicants as listed. We didn't have enough applicants so we had to go out for a second advertisement. From that second advertisement, we got one more applicant so we now have two applicants for the positions that are available. And we have appointments to be made by Chairman Gort, then Commissioner Dunn. Chair Gort: Continue it. Ms. Thompson: Okay. Commissioner Dunn: I want to nominate Ernie Martin. Ms. Thompson: So you're going to reappoint Mr. Martin? Commissioner Dunn: Yes. Ms. Thompson: Okay. Is that your motion? Commissioner Dunn: That is my motion. Chair Gort: There's a motion by Commissioner Dunn, second by Commissioner Sarnoff. 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 APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Vice Chairman Frank Carollo City ofMiami Page 53 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II 11-00250 UDRB CCMemo.pdf 11-00250 UDRB Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Priscilla A. Thompson (City Clerk): So we move now to BC.21. BC.21 would be appointments to your Urban Development Review Board. We have appointments to be made by Chair Gort and then Commissioner Dunn. Chair Gort: I nominate Robin Bosco. Ms. Thompson: Now he is already serving. According to our code, he cannot be reappointed at this time. So if you want him to continue to serve -- Chair Gort: Continue. Ms. Thompson: Then Commissioner Dunn. Commissioner Dunn: Again, ifI may ask, what's the criteria? Ms. Thompson: This one on the Urban Design [sic] Review Board, you have to be an architect or landscape architect. Those are the areas that you must qualify in. Commissioner Dunn: Must you be a resident? Ms. Thompson: Resident, own property, or live -- work -- Chair Gort: Or work. Ms. Thompson: -- own property, or resident. Commissioner Dunn: Got it. Continue. Ms. Thompson: So is -- that's your -- Chair Gort: There's a motion by Commissioner Dunn, second by -- Commissioner Sarnoff. Second. Chair Gort: -- Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. City ofMiami Page 54 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 BC.22 10-00919 Office of the City Clerk BC.23 11-00252 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Francis Suarez Commission AT -LARGE 10-00919 Virginia Key CCMemo.pdf 10-00919 VKBPT Current_Board_Members.pdf NO ACTION TAKEN Priscilla A. Thompson (City Clerk): On BC.22, which is the Virginia Key Board Trust, then we are -- because Commissioner Suarez is not here, we are still awaiting a memo from the Trust for their recommendation on the at -large appointment, so there'll be no action taken on that one. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ashley Chase Commissioner Marc David Sarnoff 11-00252 WAB CCMemo.pdf 11-00252 WAB Current_Board_Members.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-11-0208 Priscilla A. Thompson (City Clerk): And lastly, on BC.23, there are appointments to be made by Commissioner Sarnoff and Commissioner Suarez. Commissioner Sarnoff. Move for Ashley Chase. Chair Gort: We have a motion by Commissioner Sarnoff, second by Commissioner Dunn. All in favor, state it by saying iiye. " City ofMiami Page 55 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 DI.1 11-00417 City Manager's Office The Commission (Collectively): Aye. Ms. Thompson: And that's the end of your board appointments. And thank you. Commissioner Dunn: Thank you. Chair Gort: Let's do a real ten; see if we get the full board back. Ms. Thompson: I'm sorry, sir, I didn't hear you. Chair Gort: Let's do a ten-minute break; make sure we get the full board back. Ms. Thompson: Thank you. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM UPDATE ON UPCOMING BOND TRANSACTIONS. 11-00417 Summary Form.pdf DISCUSSED Chair Gort: Gentlemen, I have one item that I was requested if we could hear before lunch, which is the discussion about a proposed refinancing on some of the bond issues that we have. Vice Chair Carollo: That's going to be long. Chair Gort: It's just for discussion. Yes, sir. Go ahead. Vice Chair Carollo: You're not doing this on purpose right before lunch so we don't have too much discussion? Commissioner Sarnoff. You know, that bowtie makes you -- there's a famous -- (UNINTELLIGIBLE) makes you look like, but he's very famous. Chair Gort: Okay. Larry Spring (Chief Financial Officer): Thank you. Larry -- Chair Gort: State your name and address and why we need to hear it before lunch. Mr. Spring: All right. Larry Spring, chief financial officer. I'm here to present a discussion item about a bond financing transaction that will be brought before the City Commission for approval on May 26. The reason why we want to do it before lunch is because I have our lead underwriter from Tampa in town, as well as our FA (Financial Adviser) here to get into any questions that the Commissioners might have. So I thank you for your indulgence. Commissioners, earlier, I guess last week, we sent out a memorandum that was also presented to the City's Finance Committee detailing a bond transaction that will be broken into two series, the purpose of which would be to refund or refinance our $68.5 million of sunshine state loans and to also refinance the $50 million Wachovia loan that this Commission approved a few months ago. The transaction, one, is being combined into one transact -- into one large City ofMiami Page 56 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 transaction for a couple of reasons. With regards to the sunshine state, the Sunshine State Commission's liquidity provider, Dexia, has pulled out of their variable rate program and will no longer provide that letter of credit to that program. As such, after -- andl know this wanted to be addressed by one of the Commissioners -- having gone out for an RFP (Request for Proposals) to secure a new liquidity provider, they were unsuccessful and at that point requested that all municipalities that had a loan from the pool pay off the loan immediate -- or pay off the loan by August 1. And thus, the City is doing its own financing to be able to accomplish that goal by -- within the deadline parameters, which is August 1. With regards to the refinancing of the $50 million Wachovia loan, that was something that we had presented to the Commission as our intention the entire time. The loan was a two-year loan with a $5 million first -year payment and a 4 to $5 million balloon note that had been intended to be paid backfrom a CRA (Community Redevelopment Agency) bond issuance that we are currently working on. After having done some analysis with regards to where the TIF (Tax Increment Fund) presently stands and looking at doing it as a stand-alone issuance predicated solely on the TIF revenues based on debt service requirements, having a debt service reserve and some other factors, we've been able to determine that the capacity would not be sufficient in order to satisfy that note. So we are -- what we will be requesting of the City Commission is that we do a credit wrap, i.e., a City covenant to budget and appropriate that will allow us to issue an amount or obtain proceeds sufficient enough to pay off that debt. However, our analysis also shows that the TIF that will be available is more than sufficient to satisfy the debt service payment. As part of this transaction, we will need to have the City Commission, the CRA, and Miami -Dade County approve an amendment to the existing Omni interlocal that will provide for this payment, this debt service payment, and we'll be requesting that the debt service payment go directly to our paying agent for that -- for this particular bond series. Cash flow wise, we are attempting to even out our cashflow. So the -- with regards to the sunshine state, the City had intended to do a refinancing of that debt in -- over the next couple of years. Because of the deadline, we've been pushed to make it happen sooner. From a cashflow perspective, the City would, over the short term, realize a cashflow -- I guess a cashflow in our favor, going over the next three years, 6 million, 10 million, 10 million, and 12 million, which I guess, in my opinion, would look favorable when the rating agencies look at our cashflow flexibility and our ability to pay our debt. Commissioner Suarez: Mr. Chairman, ifI may, just stop him real quick and ask him a question? Chair Gort: Yes. Commissioner Suarez: Mr. Springs [sic], let me just make sure thatl understand what you just said correctly. Did you just say that the refinancing of this debt would save the City ofMiami 6 million this upcoming year? Mr. Spring: No. Commissioner Suarez: Okay. Mr. Spring: It does not save us $6 million. Commissioner Suarez: Okay. Mr. Spring: What it does is it restructures our payment amount for these -- for the next couple of years. In year 2012 we were expecting to have a debt service payment on the sunshine state loan of 9.9 million. With this restructuring and based on our estimates, the payment that we will have relative to this will be $4 million, so we'll be saving -- we'll have a cashflow savings this year of 5.9 million. On the overall, though, we will be paying more interest over the life of City ofMiami Page 57 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 the loan. That's why I don't say it's a savings. Commissioner Suarez: Right. Mr. Spring: Okay. Commissioner Suarez: But what I said was next year, we're going to be -- Mr. Spring: Right. Next -- Commissioner Suarez: -- saving $6 million. A year after that, we're going to be saving $10 million. Mr. Spring: Correct. Commissioner Suarez: A year after that, we're going to be saving 10. Mr. Spring: On the debt service payment, yes. Commissioner Suarez: Yeah, but it's going -- Mr. Spring: On the debt service payment, yes. Commissioner Suarez: Correct. But mean, we're going to -- we, the City ofMiami, is going to be saving next year in our budget $6 million, the following year, 10 million, the following year after that, 10 million, and the following year after that 12 million. Mr. Spring: Correct. Commissioner Suarez: Okay. Just wanted to clam that 'cause I wasn't sure it was -- Mr. Spring: Right. Commissioner Suarez: -- clear. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes. Commissioner Dunn: Mr. Grassie -- I mean, Mr. Spring -- some of y'all don't know Mr. Grassie. Mr. Grassie used to be the City Manager. He wore bowties. Check the history out. I understand that this bond finance will have an impact on the CRA sunshine fund payments, so I would like for you to get with Mr. Bockweg and also with my office to determine how we could lower the cost to the CRA. Mr. Spring: We absolutely will. And just for the other Commissioners so they can understand that, if you recall, the City Commission approved an allocation of $8 million of sunshine state loan for the Gibson Park project, which was intended -- which is a CRA project. As part of that agreement, the CRA agreed to pay the City the debt service on that portion on that note. Well, that debt service, as you know, has been at 1 percent for the last few years. With us fixing it now, we're probably looking at something that will be in the area of 5.5 percent. So just off the top, we know that, but we will get with Mr. Bockweg and determine what the actual cost is before we get into the Southeast Overtown/Park West deal to see how we -- City ofMiami Page 58 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Dunn: And as to the other concerns, I'm pretty much satisfied with the -- your answers that you've given during the briefing. Mr. Spring: Okay. A couple of things I do want to put on the record again -- Chair Gort: Now, my understanding is this is going to be refinance. It's going to be fixed. It's not going to be a variable. Mr. Spring: That is correct. Both of these -- that was one of the things I was going to put on the record. Both -- there is no new money in these two -- in this bond transaction. This is all a refinancing. It will be fixed. There will be no variable rate. Chair Gort: And our payment to Dexia, how much was it? Mr. Spring: Nothing. That -- Dexia was the credit facility provider to the Sunshine State Commission, not to us directly. Chair Gort: Not to us, okay. Mr. Spring: The other -- well, the other thing thatl wanted to add with regards to the -- just the update in general, the City continues to look for savings, cash flow savings, as Commissioner Suarez pointed out, particularly as it relates to us trying to rebuild our reserve balances. We have had some meetings with our -- members of our underwriting team, and we may modin, the item that comes before the Commission by adding a small cash flow refinancing of our debt service payments for the next three years. It will allow us to save, in addition to what we're talking about here, another -- it was about $25 million over the next three years. That $25 million could find its way back into the general fund reserve if we're able to do this refinancing. Commissioner Sarnoff. You're talking about the blue capital? Mr. Spring: No, no, no. This is a traditional bond refinancing. We would refund our 1995 taxable pension bond, our 2002 A Series tax exempt special obligation, our 2002 C Series tax exempt special obligation and our 2009 taxable pension bond for the next -- just the debt payments for the next three years and potentially inure benefit of about another $25 million of debt service payment savings over three years. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes. Sir. Commissioner Suarez: So that's in addition to the savings on this particular refinancing? Mr. Spring: Yes, that would be in addition to the savings of this financing. Commissioner Suarez: And is that $8 million a year? Or is that spread our evenly or is that going to be different? Mr. Spring: The way it would breakdown, it would be 11.9, 11.7, and 2.8 million. Commissioner Suarez: So it's going to be front loaded? Mr. Spring: Yeah. It would be a front -loaded savings. Commissioner Suarez: Okay. I just want to establish for the record that both -- I'm assuming City ofMiami Page 59 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 both of these bonds are going to go to market and the rate will be set by the market? Mr. Spring: The rate would be set by the market -- Chair Gort: Yeah. Mr. Spring: -- based on what's happening on the day we price. Commissioner Suarez: And your analysis that you've given us is what your assumption is and what the market will buy the bonds at right now. Mr. Spring: Yeah. The analysis that's included in the packet that we provided is based on March pricings. Our FA and our banker are here. If you want, they can give you kind of a sense of what's happening in the market. Commissioner Suarez: Let me just -- Chair Gort: Now -- Commissioner Suarez: -- ask one more follow-up question, which is basically I just want to -- 'cause this is important. And we haven't really focused too much on next fiscal year, but I'm assuming we're going to start focusing on it real soon -- Chair Gort: Yes. Commissioner Suarez: -- I hope. Chair Gort: Very soon. Commissioner Suarez: But what we're talking about here in savings alone, just from refinancing two trans -- or from -- yeah, refinancing two transactions, which were -- and the first one we're legally bound to refinance -- Mr. Spring: Correct. Commissioner Suarez: -- because we were being called on the 50 -- on the $68 million sunshine state obligations, and the $50 million refinancing is an obligation that was incurred before we got here -- Mr. Spring: Right. Commissioner Suarez: -- which was the global agreement'br whatever. Mr. Spring: And the port tunnel, yes. Commissioner Suarez: Right. So you're saying that on these two restructurings we're going to save approximately $18 million next year? Mr. Spring: Potentially. We still have to -- I can't lock you into that specific number, but potentially. Commissioner Suarez: Six plus twelve. City ofMiami Page 60 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Mr. Spring: Yeah, the additional 12 is we do the additional -- Chair Gort: Refunding. Mr. Spring: -- refunding that we're looking at, that we're still -- Commissioner Suarez: Right. Mr. Spring: -- researching right now. Commissioner Suarez: Six plus twelve is eighteen. Chair Gort: No. Commissioner Suarez: It's not? Chair Gort: More or less, that's what they're projecting. Mr. Spring: Yes. Chair Gort: Yes. Mr. Spring: Six plus twelve is eighteen, but in addition to that, you have the twelve million that I just -- that's not in your packet. The twelve million that I just stated is not -- Commissioner Suarez: No, no. Mr. Spring: -- in your packet. Commissioner Suarez: I said 6 million, which is from the refinancing of the 68 and the 50, okay, that's 6 million for the next fiscal year. Mr. Spring: Correct. Commissioner Suarez: Okay. And then 12 from the repackaging or the first -- the next three years of -- which is essentially a refinancing our already existing debt -- Mr. Spring: Correct. Commissioner Suarez: Those series of bonds that you mentioned. Mr. Spring: Correct. Commissioner Suarez: So 11.9 plus 6 is 17.9. I rounded it off to 18. Mr. Spring: Okay. Commissioner Suarez: So we're going to be saving next fiscal year approximately $18 million? Mr. Spring: We could if we include this other piece. This other piece -- this new piece -- Commissioner Suarez: Right. Mr. Spring: -- we're still researching -- City ofMiami Page 61 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Suarez: I'm just -- Mr. Spring: -- if we can include it in this transaction. Commissioner Suarez: The reason why I'm saying this is because we've talked a little bit about our projected deficits already and we've said that it will be somewhere in the vicinity of 15 to 25 million, depending on where the tax assessor comes in at. Is it more than that, 25 to 40? Mr. Spring: I'd have to get the budget director to give me a specific number, but yes, we are expecting a further reduction in our tax -- Commissioner Suarez: Right. Mr. Spring: -- taxable -- Commissioner Suarez: But I'm trying -- Mr. Spring: -- value by at least 10 percent, so yes. Commissioner Suarez: What I'm trying to get at is I'm trying to figure out to what extent this alleviates or solves the problem of our projected deficit next year. Mr. Spring: Given -- Commissioner Suarez: Why are you shaking your head no? Mr. Spring: -- the fact that it's a one-time revenue, we cannot use it to pay recurring expenditures because it's not a recurring revenue source. Commissioner Suarez: It's not a -- Mr. Spring: So -- Commissioner Suarez: What do you mean? Whoa, whoa, whoa, wait. It's not a revenue? This is a reduction in expenses. Chair Gort: In expenses. Mr. Spring: It's a reduction in our -- Commissioner Suarez: Our debt service expense. Mr. Spring: -- debt service. But remember, our debts -- the money that we use to pay our debt service is collected in a special revenue fund. Each year after that debt payment is satisfied, the remaining balance comes into the general fund as a revenue. Commissioner Suarez: Right. Mr. Spring: So the savings that I'm achieving via this restructuring, you know, we have to be careful that -- it's not a recurring savings. This is going to be like a one-time, for a couple of years, depending on how we package it, savings to the general fund. Commissioner Suarez: But wait, wait, wait. City ofMiami Page 62 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Mr. Spring: Yes, it will bene -- Commissioner Suarez: I'm talking about next year. I'm not talking about -- Mr. Spring: Commissioner, I just want to make sure that I'm stating it -- Commissioner Suarez: Right. Mr. Spring: -- properly on the record. Commissioner Suarez: I think you are stating it properly -- Mr. Spring: Right. Commissioner Suarez: -- andl think I'm understanding it properly, which is you said essentially that on the refinancing of the 68 plus the 50, the savings on an individual year basis are going to be 6 million for next year, 10 million for the year following, 10 million for the year following that and 12 million for the year following that. Mr. Spring: Yes, I did. Commissioner Suarez: And then you said that if you were able to refinance those bonds that you -- Mr. Spring: The other piece. Commissioner Suarez: -- identified, that we would realize a savings of 11.9 for next year -- Mr. Spring: Correct. Commissioner Suarez: -- 11.7 for the following year -- Mr. Spring: Correct. Commissioner Suarez: -- and 2.8 for the following year after that. Mr. Spring: Correct. Commissioner Suarez: And I'm -- what I'm talking about is I'm worried about next year's deficit and how we're going to -- You're still shaking your head. I'm talking about next year's deficit and how we're going to balance our budget. And so we had to make some very, very difficult decisions here last year, and so I want to know how the impact of this -- these restructurings are going to have on our decisions that we have to make in the future. Mr. Spring: These restructurings improve our financial situation and will help in making the -- easing a little bit the policy decisions that you will have to make as we deal with the budget. Because we're -- we were -- we are going to be putting more money into the general fund to be used. Commissioner Suarez: We're going to be putting 18 more -- 18 million more? Mr. Spring: Correct. If we -- if we're able to accomplish this, next year we'll put another $18 million into the general fund next year. City ofMiami Page 63 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Suarez: So if we had a projected deficit of 15 million or 25 million, if it were 15 million, we wouldn't have a deficit next year; and if it were 25 million, we would have to find $7 million additionally? Mr. Spring: Essentially, yes. Commissioner Suarez: Diana, you're okay with that? Diana Gomez: Diana Gomez, Finance director. The issue that -- the concern that I'm having is that -- as his -- as Mr. Spring started to say was that these are not recurring revenues, so therefore they cannot be used to cover or balance a budget for its recurring expenditures. So to say that we are going to offset our expenditures next year by this revenue, I don't agree with that. It can go into the fund balance to start building up fund balance -- Mr. Spring: Or deal with -- which is my point. Ms. Gomez: Okay. Mr. Spring: We do have -- in every budget we do, we do have one-time expenditures, so it can be used to offset those costs, those one-time costs. So -- and the projected deficit had one-time costs built into that -- the scenarios. The ones that you saw last year have one-time costs. So as we analyze the budget, we add this revenue in, but we just have to make sure it is properly matched with a like kind expenditure, if you will. Commissioner Suarez: I got it. Chair Gort: My suggestion is since this is only a discussion, you get together with each one of us -- Mr. Spring: Absolutely. Chair Gort: -- and make sure you explain and all the questions that we have because I have a lot of questions. I understand also you're going to try to get insurers. Mr. Spring: Yeah. As we get closer to the transaction, we will seek to get insurance, but it -- that decision always depends on cost versus savings -- Chair Gort: Versus the savings. Mr. Spring: -- and the benefit. Chair Gort: Okay. Mr. Spring: Other couple of items, you know, justl guess for the sake of the record, is that the assumptions that we used in coming -- determining that the CRA portion would be sufficient to cover the debt service, we used the 4 percent inflationary growth factor in our assumptions, but we also assumed that the taxable value would decrease next year by 10 percent, then we would see no growth for 13 and 14. So for instance, the Mikado project, which I know has been approved, was not added into our assumptions. Thus, I would say it's conservative. The Finance Committee, though, did ask that we do two additional runs, which was a 2 percent inflationary growth, same assumptions on the taxable value changes, and a 0 percent growth, inflationary growth for 30 years. While I feel the last one is impossible, the second one was clearly a reasonable assumption to make, and even in that scenario, we have sufficient debt City ofMiami Page 64 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 service coverage to make this -- the CRA to make those payments over the 30 years in every year, I think except for one, andl think it was 96 percent. So I just wanted to make sure that the Commission had that for the record for the benefit. We will be advancing -- and matter of fact, I think we have a call tomorrow to go over a lot of the stuff -- advancing the POS and the resolution so that we can get it before you so that you -- it's a pretty big volume to read so -- Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: I just want to -- thank you, Mr. Springs [sic]. I want to -- I just want to say that this is part of what it means to be transparent, is to talk about these items, bring them up, discuss them, debate them even before any action is -- Mr. Spring: Correct. Commissioner Suarez: -- necessitated or needed before -- long before so that we don't come into issues. Yeah, yeah, preferably after lunch, but whatever. We'll -- Mr. Spring: Sony. I'm sorry. Commissioner Suarez: The Vice Chairman is hanging in there. Mr. Spring: Right. And -- Commissioner Suarez: But no, honestly, I think the key here is that we don't have -- we don't run into time deadline issues, that we're not feeling pressured into getting into a complicated deal without having the time to really analyze it and know all the facts. And that's why I'm glad that it's been brought as a discussion item first -- Mr. Spring: Right. Commissioner Suarez: -- for us to vet it. Mr. Spring: I'm sorry. Vice Chair Carollo: And ifI may. And, Commissioner, I'm glad you stated that because that is something that I think from the very beginning that we, I, and so forth, we've been pushing for. Andl think we're seeing the light at the end of the tunnel. It's actually happening. So, you know, I appreciate it and also commend, you know, the Administration for, you know, seeing that, you know, we constantly are requesting this and you're making it happen. So thank you. Mr. Spring: One last thing timing wise. Because of that strict deadline, because of the sunshine state piece, we do need to -- when we bring this up for consideration, our -- you know, our window is tightening. We would have to have everything approved before July so that we could price and give our notice to sunshine state that we'll be closing the deal. The two deals, while they're being approved as one, Series A and Series B, there's a possibility that there may be a few weeks' difference between the pricing of Series A and Series B. And want -- and that's due to the fact that we would need to still go to the County and get the interlocal approved. So I just wanted to make sure that the Commissioners understand that while this is approved as one transaction, we may price the two pieces at separate times. Commissioner Suarez: And l just want to say for the record, Mr. Chairman, that they indicated to me that they've already started that process of discussing with the County and that -- City ofMiami Page 65 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Mr. Spring: Yes. Commissioner Suarez: -- they've received a very favorable -- Mr. Spring: Right. Commissioner Suarez: -- response from the County. Mr. Spring: And they understand it's in the context of the global agreement and that this is what we collectively agreed to do some years ago. So we will be bringing forth also a similar update for the Southeast Overtown/Park West financing as well as the marina modernization that we've been working on, which is a transaction that we'd like to see the proceeds go a hundred -- or predominantly to rebuild the reserve back. So we'll give you a full briefing on that as well. Chair Gort: Okey-doke. Thank you. Mr. Spring: Thank you. Chair Gort: And any questions, let's make sure that you contact every one of us. Mr. Spring: Yes. Chair Gort: You sit down with every one of us and have your financial advisor and so on, okay. Mr. Spring: We certainly will. Thank you. Chair Gort: Thank you. Come back at 3? Commissioner Dunn: What time? Three? Chair Gort: It's I o'clock already. What do you guys want to do? Commissioner Dunn: It's up to you. I'm fine. Whatever you -- Chair Gort: It's up to you guys. I can be back in a half an hour. Commissioner Dunn: No, no. I'm -- no. Forget that. Two -thirty, three? Commissioner Sarnoff. Let's do 2: 30. Commissioner Dunn: Two -thirty? Chair Gort: Two -thirty. Commissioner Dunn: All right. Yeah, that's good. Chair Gort: Okay. Commissioner Sarnoff. 'Cause let's get it done. DI.2 DISCUSSION ITEM 11-00418 City ofMiami Page 66 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Department of Building and Zoning (DI.2) 11-00418a DISCUSSION REGARDING THE SITE CERTIFICATION FOR THE TURKEY POINT PLANT UNITS 6 & 7 AND THE OFFICIAL FPL PROPOSED CORRIDOR FOR THE TRASNMISSION LINE AND THE DIFFERENT MUNICIPAL PROPOSALS FOR ALTERNATE CORRIDORS. 11-00418 Summary Form.pdf 11-00418 Turkey Point Units 6 & 7 Transmission Lines.pdf Memo - Office of the City Attorney-FPL Sitting along US 1.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO WITHDRAW THE ALTERNATE CORRIDOR FILED ON MAY 2, 2011, AND TAKE ANY AND ALL ACTIONS NECESSARY TO PREVENT FLORIDA POWER AND LIGHT FROM PLACING [OVERHEAD] TRANSMISSION LINES THROUGH THE CITY OF MIAMI, UNLESS UNDERGROUNDED, IN THE MATTER OF FLORIDA POWER AND LIGHT COMPANY, TURKEY POINT UNITS 6 AND 7 POWER PLANT SITING APPLICATION, CASE NO. 09-003575EPP; IN ADDITION TO LOOKING INTO ANY POSSIBLE REVOCATION AND/OR SUSPENSION OF SITE CERTIFICATION. Motion by Commissioner Suarez, 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-11-0209 Chair Gort: At this time we have a time certain that I'd like to bring up, which is the corridor for FP&L (Florida Power & Light). And I'd like to welcome Mayor Stanford [sic] of South Miami and also Mayor Lerner from Pinecrest. Mayor. Mayor Tomas Regalado: Thank you very much, Mr. Chairman, Commissioners. This is a time certain and this is a discussion item. However, it doesn't mean that we have to don't do legislation. We could do legislation out of this discussion item. As you all know, I have met with both mayors, Mayor Lerner and Stoddard from Pinecrest and South Miami, and I'm sure that what they have to say will be interesting in terms of the proposed corridor of FPL. This is an important issue. It's an issue that has -- that was neglected by the City ofMiami by past Administrations for several years and now it's on your lap. But I do think it's important that we analyze the impact on the residents of the City ofMiami. As you will hear, several cities have gone on record on their legislation opposing the US I corridor. And those cities, I believe, are Pinecrest, South Miami, and Coral Gables. But now we have in front of us an alternative corridor. And like always, the City ofMiami is in the eye of the storm because whatever corridor is proposed or approved will go through the City ofMiami. Personally, I believe that the best case scenario will have all the cities working together with FPL to have underground lines, and that is something that could be discussed. I believe that this is a long process. I believe also that the alternative corridor would go through several residential areas of the City ofMiami and that is something that you should consider. I hope that there will be legislation maybe pulling the City's proposal and just wait out the process. But I would like to hear the members of the Commission and the Administration and of course FPL and of course our neighbor cities' mayors that have done a lot of work. But we should be very careful in City ofMiami Page 67 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 protecting the neighborhoods of the City ofMiami. Thankyou, Mr. Chairman. Chair Gort: Thankyou. The -- let me just make a little statement. The City ofMiami was the first city established in Miami -Dade County. I think we're all very proud of the growth of Dade County and we have come a long way. But unfortunately, it's a sacrifice for the City ofMiami. I mean, we began with 1-95. We had a beautiful neighborhood, Overtown, the northeast and the northwest area that was ruined by 1-95. Then we had the 112. The 112 was created to take people from the airport directly to Miami Beach. But Allapattah, that whole area there, 36th Street -- Northwest 36th Street was ruined. And then we had 836. 836 ruined Little Havana, Grapeland, Flagami; divided a city and created problems for us. Andl can understand we need to continue the growth, but it seems that the City ofMiami has always had the burden of the growth that's taking place in Miami -Dade County. Andl don't like to see my neighborhood -- the alternatives that we're looking at is going to affect my district quite a bit, andl really don't want to see it there so -- Commission Suarez. Commissioner Suarez: Thankyou, Mr. Chairman. Andl don't know if maybe we should let them make their presentation first. Chair Gort: Let's -- If you don't mind, mayors, we'd like to hear from FP&L first and then -- or you'd like to speak first? I mean, it's up to you. Mayor Cindy Lerner: It's your preference. Whatever is your -- Chair Gort: Okay. FP&L, you make your presentation. Eloy Villasuso: Good morning, Mr. Chairman and Mr. Mayor, members of the Commission. My name is Eloy Villasuso, with offices at 9250 West Flagler Street, from FP&L. I would like to ask Virginia Dailey, our attorney, to make a short presentation to let you know the process, what we have done to get where we're at and what we'll be moving forward into the future. Chair Gort: Thank you. Virginia Dailey: Good morning, Mr. Chairman and fellow Commissioners. If you'll give me just a moment to take care of the technical side of plugging things in. Victoria Mendez (Assistant City Attorney): Ms. Dailey, when you're finished with that laptop, could you leave it there because I think the other presenters need to borrow it as well? Ms. Dailey: Of course. Ms. Mendez: Thank you. Chair Gort: Okay, here we go. Ms. Dailey: Okay. Mr. Chairman, with your permission? Chair Gort: Yes. Go ahead. Ms. Dailey: Okay, thank you. My name's Virginia Dailey. I'm an attorney representing Florida Power & Light. I am pending -- my lobbyist registration is pending while I wait to complete the ethics course. The next one is not available until next month, so I just want to state that for the record to be clear. We're here to talk to you about FPL's Turkey Point 6 and 7 project and the associated transmission lines that are involved with that project. FPL is proposing a 230 kilovolt transmission line that will go from the Davis substation to the Miami City ofMiami Page 68 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 substation in the City ofMiami. It is proposed to meet future needs as part of a larger plan associated with two proposed nuclear power plant units at the Turkey Point site. FPL underwent a detailed route selection process beginning with establishing the connection points, gathering and collecting data, and gathering and collecting input from the public and the government agencies involved. We engaged in significant public outreach over the last several years involving this project, and we ultimately chose what is now referred to as the FPL east preferred corridor. We found that the primary considerations supporting that corridor were collocation with existing FPL facilities and other major linear facilities, including US 1 and the busway andMetrorail system and minimizing impacts to residential and other properties, as the Chairman and the Mayor have mentioned already. Commissioner Sarnoff. Could you go back to that slide? Ms. Dailey: Yes, sir. Commissioner Sarnoff. Mr. Chair, is that all right? Chair Gort: Yes, go ahead. Commissioner Sarnoff. You have an underground power supply on US 1 right adjacent to that, correct? Ms. Dailey: I'm not certain. IfI could ask our technical expert, Daniel Hronec, to join me up here, he could tell us exactly what the location of that facility is. Commissioner Sarnoff. 'Cause I've been asking that question of FP&L for about a year and a halfandl've gotten an answer of yes and I've gotten an answer of maybe and I've gotten an answer of flee can't tell." Ms. Dailey: Commissioner, I believe I was at a meeting where we gave -- we showed you a map that has a map of all of the underground and overhead facilifies. I'm just not as familiar with this area -- Commissioner Sarnoff. Okay. Ms. Dailey: -- so I can't answer with respect to this photo. Commissioner Sarnoff. Andl could be wrong too, not usually, though. Chair Gort: Yes, sir. Daniel Hronec: Yes. My name is Daniel Hronec, from Florida Power and Light. I'm not personally aware of any underground facilities at that particular location. We do have underground transmission and distribution lines in numerous places in the City ofMiami, but I'm not particularly aware at that specific location. Commissioner Sarnoff. So you have done a diligent search, correct? Mr. Hronec: Yes, sir. Commissioner Sarnoff. And your diligent search reveals there is no parallel undergrounding on US 1 on the west side of the property? Mr. Hronec: No, sir. What I said was I'm not aware that there's an underground facility at that City ofMiami Page 69 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 specific location. There are other places. Commissioner Sarnoff. Oh, I'm not just asking about that particular picture. Here's my question. Are you aware of any underground activity for FP&L parallel to US 1 on the west side of the property? Mr. Hronec: Yes. There's a short section of some underground facilities along the US 1 corridor. Commissioner Sarnoff. Where is that and how long is it? Mr. Hronec: I don't know the exact length of the run, sir, but there is a line that comes -- Commissioner Sarnoff. Would you get back to me with that answer? Mr. Hronec: Yes, sir, I will. I can get back to you. Commissioner Sarnoff. And would you get back to me with a diagram as to exactly where it is? Mr. Hronec: Excuse me? Commissioner Sarnoff. Would you get back to me with a diagram as to exactly where it is -- Mr. Hronec: Yes, sir. Commissioner Sarnoff. -- the exact size of the line -- Mr. Hronec: Yes, sir. Commissioner Sarnoff. -- and the dimension of the undergrounding? Mr. Hronec: Yes, sir. Commissioner Sarnoff. Okay. Chair Gort: Thank you. Anything else? Commissioner Sarnoff. No. Thank you. Sorry, Mr. Chair. Chair Gort: Go ahead. Ms. Dailey: Thank you, Mr. Chair. So as I mentioned, FPL chose a corridor and has proposed that in its permit application that was filed. It's been undergoing a review process, as many of you are aware, and now a new process within the power plant siting process has begun and that is with respect to alternate transmission line corridors. Monday, May 2, there were four alternate corridors proposed, including two that go within the City ofMiami; one proposed by the City and another proposed by the Village of Pinecrest and the City of Coral Gables jointly. The map that is shown on your screen is the map of the alternate corridor that was proposed by the City ofMiami. The process for alternate corridors is a multi -step process mirroring the process undergone by the FPL corridor; an initial submittal, public notice, including notice in the newspaper and mailed notice to adjacent property owners, detailed submittal and review, including responding to agencies' questions and it culminates in a certification hearing before an administrative law judge here in the area, and then a final hearing before the governor and cabinet in Tallahassee. In addition to all of those processes involving the alternate corridor, City ofMiami Page 70 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 the final step in the City's role in reviewing FPL's corridor is to file your City's agency report on the FPL corridor. The deadline for that report was June 1 but has been extended at the City's request by order of the judge to June 13. So the other key dates relating to the alternate corridors are also shown on the screen. That comprises my presentation and I'm available, along with our team, to answer any questions you might have, and we can take those now or, if you want to, after other speakers have made their presentations. Chair Gort: I'd like to hear from the public first, and then you can answer afterwards. Mayors. Mayor Lerner: Good morning. Thank you for giving us an opportunity to inform you of what the community and the municipalities along the US 1 corridor have been doing since the announcement was first made by Florida Power & Light. I'm Cindy Lerner, mayor of the Village of Pinecrest. And I'd like to first set the stage by explaining the larger regulatory process that we are all being players in. It's not just the state, but there are also federal considerations. The application that Florida Power & Light has made for licensing for two additional power plants at Turkey Point is still pending. That is a federal determination and there is a separate process that they must go through and those of us who have concerns about the transmission line corridor or the siting of the plant have -- are, in fact, having impact and engagement in that process as well. Nuclear Regulatory Commission is obliged to conduct an environmental review study. They were in Miami -Dade County last summer. They had public hearings in Homestead and many of us were down there to present our concerns. The environmental review study does in fact include a review, not just of the plant, but of the transmission line siting and the corridor that's been proposed. So, at that time, myself, the then mayor of Palmetto Bay and mayor of Cutler Bay, the three of us went down and did a presentation with our concerns for the siting and the concerns were predominantly the adverse -- significant adverse economic impact that we would, all of us along the US 1 corridor, face if this siting were to be approved. It was interesting because we had not been advised by Florida Power & Light previously and until we went to this public hearing did not realize that they are still in this environmental review process looking at other sites in South Florida for the power plants, so it is not a final determination whether the plants will in fact be approved to be located at Turkey Point, and with the consideration now of what's occurred in Japan, I think they are going to take an even more careful look at the siting. What is problematic for all of us is that the state Transmission Line Siting Act is advancing in a much faster pace than what is occurring with the ultimate application and approval or non -approval of the power plants themselves, so we are all being forced -- my residents are being forced to pay twice on both sides of this issue. They are paying what all customers of Florida Power & Light, your residents as well, are paying early cost recovery for the analysis and the work that is being done by Florida Power & Light to try to get approval for this transmission line cor -- all of the corridors that they are applying for. And then my residents are also paying in tax dollars for engineers to propose an alternate corridor and attorneys to represent us in Tallahassee in this DOAH (Division of Administrative Hearings) proceeding. So we are all being -- investing in fighting for a proposal by Florida Power & Light, which in fact may never come to be so that is very problematic and concerning to me at the outset. The Nuclear Regulatory Commission continues to review various aspects and Village of Pinecrest has intervened. We moved to intervene in that proceeding as well because we are so concerned about not just the transmission line siting, but as I said, the economic impacts and how adversely they would impact our municipality and, I would offer to you, every municipality along that corridor. We have been granted status in the environmental review proceeding as a local municipality to have input into that proceeding. I believe we are the only municipality in Miami -Dade County that has been granted that status. So that's -- Commissioner Sarnoff. What status is that? Mayor Lerner: To have input and make recommendations to the environmental review study City ofMiami Page 71 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 that's being conducted in regards to the transmission lines. Commissioner Sarnoff. That review is not completed, right? Mayor Lerner: And that review is not completed. That is ongoing. Commissioner Sarnoff. And you're the only municipality that then can have input into that right now -- Mayor Lerner: Yes. Commissioner Sarnoff. -- because you have -- Mayor Lerner: Because we -- Commissioner Sarnoff. -- timely filed? Mayor Lerner: Yes. We moved to intervene, raised considerations. We are working -- there are several organizations that have also intervened andl believe two of them have been granted status. They have considerations that were approved of to be reviewed by the study team as well. So that is -- Commissioner Sarnoff. Can I ask you a question? Is that all right to just --? Chair Gort: Yes, go ahead. Commissioner Sarnoff. Is there any potential that the power lines could be granted, but the nuclear power plants not granted? Mayor Lerner: Yes. Commissioner Sarnoff. There is? That is the -- Mayor Lerner: That is a concern too. Commissioner Sarnoff. -- scenario that could happen. Mayor Lerner: That is a concern. In fact, I was -- I met with the South Florida Regional Planning Council the other day. Right now it's an assumption. Their assumption -- I asked that same question -- is that if the licensing of the power plants is not approved, they could not go forward, but it's just an assumption. We have no clear determination that's the case. My assumption is that they could still go forward because they are still seeking to harden their system and in fact, obliged to do so. So that's my concern that there is in fact no need that will be determined for delivery of additional power. We are all paying for that now through early cost recovery, but we may risk having the determination made that the plants won't go there but the corridors approved and they might well be allowed to go forward with it. I don't have a final answer or determination on that. Mayor Phillip Stoddard: Mayor Lerner, may I add something here? Mayor Lerner: Um -hum. Mayor Stoddard: All appear -- Phillip Stoddard, mayor of South Miami. All appearances are that's exactly what they're attempting to do. FPL has requested that there be no further delays City ofMiami Page 72 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 in the transmission line approval process, although they're willing to see additional delays in the nuclear power plant process. And by following that sort of procedure, they're able to obtain early cost recovery monies for a power plant that may never be built. And in fact, CEO (Chief Executive Officer) Lou Hayes said they don't have the financing to build it. But nonetheless, by keeping the process alive indefinitely of licensing, they could get early cost recovery monies allowing them to put through the transmission lines for other infrastructure needs, so I think that's exactly what they intend to do. Mayor Lerner: So since the initial announcement, the Village of Pinecrest, Village of Palmetto Bay, Village of -- the Town of Cutler Bay, City of South Miami, we all passed resolutions back in 2010 opposed to the transmission line being placed down the US 1 corridor. And last year during the legislative session of 2010, that was our focus going up to Tallahassee, meeting with members of the Cabinet at that time, understanding that they will ultimately have to make this approval once we get through the administrative hearing. We have now this year done the same thing; all of us visited with members of the Cabinet to ask for their consideration. In addition, because my previous life in the Legislature and understanding that what we are facing now with this -- with Florida Power & Light as a utility and the kind of influence that they have before the Legislature, looking at the Transmission Line SitingAct, the burden is on us. It used to be -- prior to 2007, the burden was on a utility to come forward to the Public Service Commission, to DEP (Department of Environmental Protection) and to have to substantiate what the rationale for their choice was. That legislation, the Transmission Line SitingAct, was rewritten in 2007 and they no longer have to substantiate. It is now pretty much rubberstamped when they submit a proposal, but for somebody coming forward and opposing it and submitting an alternate corridor. It is a mammoth, mammoth task to substantiate now and for us to meet the burden which we now and our residents will have to pay to do to substantiate that our corridor should be the preferred corridor. So the other thing that I requested going before the Legislature this year, we met with the energy committees in the House and Senate, was that they take the time between sessions to conduct an interim study. Interim studies are an opportunity for the legislative staff to go out and gather data and do analysis and come back during that timeframe before the next session to better guide and advise our Legislature on what policy should be in the future. And we're asking them to take a look at two things. One is the Transmission Line SitingAct itself and how it precludes any municipality or local government from engaging in what should be collaborative planning with the utility for what works best for us as well as for the utility. That does not exist anymore. And the second is to take a look at undergrounding because that is such an important and significant issue all throughout Florida and because the Legislature has given direction to Public Service Commission, do it the cheapest way possible, the utilities have taken that to heart and prevented and precluded consideration of undergrounding. And what they have said to us is, oh, if you're opposed because they're characterizing it as aesthetics and it couldn't be further from the truth, and you just don't want to look at those monstrosities, which is what I call them, you are free to pay. Any municipality can pay the cost of undergrounding. And if you look at what's going on around the country, the cost benefit analysis would dictate that our state would invest in undergrounding on a going forward basis. So that's as an aside so that you can appreciate the significance of what this issue really revolves around. US 1 is the major gateway to downtown Miami from the southern suburbs. All of us are looking at urban infill, at development along transit corridors. That is the future of this county, and one look at what these lines look like -- and we have our engineer here with a presentation -- will tell you that it would absolutely destroy not only current, but all future economic development. What -- part of our submission is a economic analysis that the City of South Miami has engaged an economist and Mayor Stoddard will talk to you about that. So I ask that you take a look at the presentation. Our alternate corridor is, in our estimation, the least impactful and intrusive way of -- if this had to occur, it would occur in an existing corridor and it would dictate significant improvements, such as undergrounding and other infrastructure improvements that, from what I understand, area of the City ofMiami, which has both residential and commercial and is tightly packed, City ofMiami Page 73 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 there has been no improvement for 30 years in much of that infrastructure. So if they were to have a proposed alternate corridor being the existing corridor, it would oblige some significant upgrades and improvements to those areas. We are not trying to impact further neighborhoods that have never been impacted before, and that's what they're looking at is impacting significant additional new neighborhoods. I'm going to turn it over -- Commissioner Sarnoff.. Before you step down -- Is it all right, Mr. Chair? Chair Gort: Yes. Commissioner Sarnoff.. Let's say cost aside and let's say FP&L were to jump up and down and say, we agree, we will underground on US 1. Would your position change? Mayor Lerner: It would depend on whether development could still occur. If the undergrounding of this level of a utility would not interfere or dictate against any -- Commissioner Sarnoff.. In other words, your TODs (Transit -Oriented Developments) could still occur? Mayor Lerner: Pardon? Commissioner Sarnoff.. Your transit -oriented development could still occur. Mayor Lerner: If it could still occur with it going underground, then, yes, we'd much prefer that. Commissioner Sarnoff.. Okay. Mayor Lerner: But we don't know the answer for sure. But certainly, if they're above ground, nobody's going to go anywhere near it. And even now they're -- Commissioner Sarnoff.. And is -- Mayor Lerner: -- reconsidering. Commissioner Sarnoff.. -- Mayor Stoddard going to address the heat that's generated from these above ground -- whether it's 230 or 520. Would you address that -- make sure that you address that? Chair Gort: Thank you. Vice Chairman, you had a question? Vice Chair Carollo: Actually, no. Commissioner Sarnoff hit it right on the head. That's exactly where I was heading, so yeah. Chair Gort: Yes, sir. Vice Chair Carollo: We're on the same page. Mayor Stoddard: Phillip Stoddard, mayor of South Miami. Honorable Chair, members of the Commission, thank you. Mr. Mayor, thank you for inviting us here today. So what's being proposed then, so we are all on the same page, is coming up from Palmetto Bay through the side of Pinecrest, right through the very heart of South Miami, through the Gables, and into Miami -- City ofMiami are transmission poles that may be as high as 105 feet, 4 feet in diameter at the base, with three sets of side conductors. In some places, they'll have an City ofMiami Page 74 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 additional three to carry the existing 230 -- sorry, 138 kV (Kilovolt) lines that are there now. So our city is in the process of conducting an economic study. We've contracted with an economist, and his analysis at this point is still preliminary. I have a draft of it, but it's not the final draft, so some of these values may change. But I'd like to give you a sense of what we're looking at. The first thing our economist has done is done a survey of existing studies, of what happens when you put transmission lines through an area, what are the effects on values, property values, economic activity and so forth. Most of the studies have been done in -- over rural transmission lines. They're not really applicable to what happens here in Miami. But there's one study -- oh, and there's another interesting thing. A lot of the studies have been done by academics with no particular horse in the game. Other studies have been paid for by utility companies, and I'm going to just dismiss those right off the bat because I think there's a conflict. So we're just going to consider the ones done by parties with no particular interest in the outcome. There's one study that stands out because it was done in an urban area and this is a study in Montreal. And in Montreal they found that a transmission line cost 34 percent of the land values and economic activity over about a two -block region to either side of the transmission line. And so if you go and you look at the property values along the proposed US 1 corridor and you look at the economic activity there, and you subtract off 34 percent, which would be the immediate hit over a few years' time, that comes to about one and a third billion dollars lost. And so even if we were to take FPL's upper estimate for undergrounding the lines Commissioner Sarnoff.. Is that your city or is that all cities? Mayor Stoddard: That's the whole corridor -- Commissioner Sarnoff.. Okay. Mayor Stoddard: -- shared with the City ofMiami. So even if we were to take FPL's upper estimate of undergrounding costs at 200 million, that's still a small fraction of the total economic hit. Andl mentioned these figures to Elizabeth Plater-Zyberk, who -- ofDuany Plater-Zyberk, who, of course, is involved with urban planning, the Miami 21 plan, and her immediate reaction was, well, you haven't taken into account the future development that's supposed to happen. I was looking at the paper this morning at your Miami 21 plan again that's up for some thoughtful consideration. And the idea, as you've already raised to us, is that there'll be transit -oriented development all along this corridor. So what I've only addressed here with my 34 percent discussion is the existing development, to say nothing of the future development. So what could happen to future development is you could lose maybe 20 times that one and a third billion dollar loss. So this would be a tremendous loss of economic activity and potential for our area. And we already have one example of this, of what's happened. If you look at the State Road 441, 7th Avenue corridor, there's a transmission line along part of that and nobody has ever been able to revitalize that corridor. And there have been a lot of attempts and so forth. They've never succeeded. And it seems that people really just don't want to embrace an area that has a transmission line down the center of it. And so we might ask, what's the basis for this. And so -- you know, yes, we recoil aesthetically from transmission lines, but there's fears on the part of residents. I had a family call me and they asked about a particular house in South Miami, and they said is this house under the proposed transmission corridor that we've heard about. Andl looked on the map and said, yeah, it is. They said, okay, thanks. Well, we're not -- they walked away from the deal. They wouldn't close on the house. And they said we just don't want to raise our kids there. So there's been a whole suite of epidemiological studies that have been done -- Chair Gort: Excuse me. Let me ask you a question. Mayor Stoddard: You may. City ofMiami Page 75 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Chair Gort: What was the distance of this house from the proposed line? Mayor Stoddard: It was -- would have had it, I think, pretty much in the front yard. It was on Southwest 80th Street. Chair Gort: I mean, it was right next to US 1, the house? Mayor Stoddard: No. There's a wide section in the proposed corridor where they're not quite sure how -- they have to get around Dadeland and so they've cut a -- Chair Gort: I just wanted to get an idea of the effect it would have on the -- how far the effect, according to you, it goes. Mayor Stoddard: Well, what we've heard is that, you know, a block or two. Essentially sight lines; if you can see it, it affects you. Once you can't -- Chair Gort: Thank -- Mayor Stoddard: -- see it, it no longer affects. Chair Gort: Thank you. Mayor Stoddard: So there's been -- if you -- just go on the Internet and look, you'll find that there's some controversy about whether or not magnetic fields from transmission lines affect health. There have been a number of new studies that are typically not cited in those reviews. There have been two in particular which have been associated with a doubling in childhood leukemias. But the one that scares me the most is a 2009 study showing a doubling in Alzheimer's rates. I mean, all of us sort of worry about this. You get past the age of 40 and you start thinking about these things. Doubling in Alzheimer's to people living within 50 meters; another 50 percent elevation in other senile dementias, and it worries me. So when we talked about undergrounding the lines and you asked about some of the above -ground effects, power lines should not only be placed underground, but they should be shielded. And there are geometric configurations and shielding configurations that can be only achieved through underground lines. And if you do that, you can significantly reduce the magnetic fields and the potential health risks. Andl should also mention another study which is rarely brought out in public. There's a new study on lab rats showing that by exposing lab rats to the maximum legal, US legal magnetic field intensities, they double cancer rates in these rats in six months. So, yes, we're concerned about the aesthetic effects, but we're just concerned really about people's impressions and their willingness to develop their businesses there. Are you going to build an elegant building and a showcase with transmission lines right in front of it? I think the answer is no. And we've got evidence of that already in the City ofMiami and we don't need to repeat the experiment. You have any questions for me before I turn it back over? Chair Gort: Yes. Commissioner Sarnoff.. I do. Chair Gort: Go ahead, Commissioner. Commissioner Sarnoff.. What is the heat that is thrown off within a 10 foot radius on a 230 kilovolt and a 520? Mayor Stoddard: The heat itself. City ofMiami Page 76 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Sarnoff.. Right. Mayor Stoddard: Andl don't know the answer to that. The heat is said to be the key issue in undergrounding the lines -- Commissioner Sarnoff.. Right. Mayor Stoddard: -- because the higher the voltage, the greater the amount of power, particularly resistance is what you're looking at. The greater the power, the more you have to go through in order to dissipate that heat. And so typically the volts for a 230 kV line are larger than -- and deeper than the volts for a 138 kV line because of heat dissipation issues. Commissioner Sarnoff.. It's my understanding that within a 50-foot radius that the temperature will be 10 degrees higher just as a result of the heat that's dissipated from these 230 k [sic] lines. Mayor Stoddard: For this you'd have to consult with an engineer. That would -- Commissioner Sarnoff.. Okay. Mayor Stoddard: -- be outside my area of expertise. Commissioner Sarnoff.. Whereas if you shield them underground, you'll use -- andl suspect you've seen how the FP&L has shielded in the past? Mayor Stoddard: I've seen pictures of the vaults. Commissioner Sarnoff.. Right, the big vault they put there with the large amount of -- I think it's fluid, andl think the fluid happens to be oil, and it's got -- and the idea behind that is dissipating the heat in a more engineered manner versus letting it just go off into the atmosphere. Mayor Stoddard: That's my understanding. Commissioner Sarnoff.. Okay. Mayor Stoddard: Heat dissipation is the key. Chair Gort: Thank you, sir. Mayor Stoddard: Yes. Chair Gort: Ms. Hernandez, former City ofMiami -- City of Coral Gables city attorney. Elizabeth Hernandez: Good morning, Mr. Chair, Commissioners, Mr. Mayor, Madam City Attorney. It's a pleasure to be here this morning. Elizabeth Hernandez, with the law firm of Akerman Senterfitt & Eidson. And with me today is our new city attorney, Mr. Craig Leen, who is here on behalf of the City Commission as well. We also have our expert, Ramon Castella, who is the expert as well for the Village of Pinecrest and has been working on the issues of alternate corridor and he has a brief PowerPoint presentation, so I will keep my comments extremely brief. Suffice it to say that we echo Mayor Lerner's statements in all material respects. What you have right now in the City ofMiami is you have a corridor. What FPL is proposing is a second corridor. And you're right, Mr. Chairman, the City ofMiami is going to City ofMiami Page 77 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 be hit twice if you follow the route that FPL is proposing. What we are saying as a collection and a collective of cities is, let's stick to the one corridor, let's impress upon FPL the need to improve it, to bring about appropriate offsetting measures, and make sure that Miami is impacted once because you're already impacted. You cannot undo that train. That train left the station 30 years ago and you have been living with that burden and your citizens and your residents have been living with that burden. So we believe that there is an opportunity with this alternate corridor to help the City ofMiami and help the Miami -Dade community. We're here only on the alternate corridor today and so my comments (UNINTELLIGIBLE) as to those. Andl have Ramon Castella and we want to present this PowerPoint to you which will, I believe, tell you the story in a better fashion. Thank you. Ramon Castella: Thank you, Liz. Good morning. Ramon Castella, C3TS (Corzo Castella Carballo Thompson Salman). I'm here on behalf of Pinecrest and Coral Gables. Mr. Mayor, Commissioners. As Liz said, we have a short PowerPoint presentation which we'd like to show you. Just bear with me for a second. Okay, what we're showing here is the -- in red, if you'll look to the monitor screens, is what the FP&L's proposing as their route. As you can see, it passes by Pinecrest, goes through South Miami, goes through Coral Gables, and then right through the City of Miami. It follows the US 1 Metrorail corridor. And you can see where it impacts the City ofMiami, where it's proposed. As Commissioner Sarnoff was asking about the underground power lines, according to FP&L there is a 138 kV buried line in part of that US 1 corridor from Coconut Grove in the City ofMiami and apparently it's been there for about 60 years. This is -- Commissioner Sarnoff. Do you know where it is? I mean, do you know how long it is? I've been asking this question -- Mr. Castella: No. Commissioner Sarnoff. -- ofFP&L for about two years. Mr. Castella: Right. They sent -- in a correspondence they sent one of your project managers back in 2009, they said that there was one 138 kV transmission line between Coconut Grove and Miami and the Miami substation. The pipe was installed approximately 60 years ago and it's located almost entirely within existing roadways, including US 1 and Southwest 1 stAvenue. It goes on to say that it's not capable of carrying the load that's needed for the new lines, but that's the detail that they gave on it. Commissioner Sarnoff. Okay. Mr. Castella: But it's just a little blow up of -- as it goes through the City ofMiami. We asked -- the City of Coral Gables asked FP&L, you know, show us what this would look like, and they gave them a rendering, kind of like some of the ones you've seen as well. And Liz said, well, that's not good enough. We want to see -- physically touch one of these poles, what do they look like. So they did a little field trip to Boynton Beach in a wide open roadway, and you can see some of those poles that Liz Hernandez took pictures of. You can see on that shot there, that's a full-grown man standing next to -- Commissioner Sarnoff. And he's not thin, either. Mr. Castella: Right. That's a big boy. And -- Commissioner Sarnoff. Can you imagine Dunn up against --? No, I'm just -- Mr. Castella: Well, they're -- these are very large poles, and it has been said some of them are City ofMiami Page 78 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 as large as 105 feet in height and over 4 feet in diameter. So the City of Coral Gables asked us to do simulations of what these poles would look like. That's what's there now. There are some minor transmission lines in certain areas of Ponce De Leon Boulevard where it parallels US 1. Those are the poles that are there now, and that's what FP&L intends to replace it with. It's just another example looking down Ponce De Leon Boulevard, and you can see where they're double circuiting there. The poles would go typically from 60 to 80 -- going up to about 80 feet. And then the worst cases -- for example, here the poles are maybe 50 feet tall. They would go to as high as 100, and that's where you have the really large 4-foot diameter poles. What the City of Coral Gables and the Village of Pinecrest is recommending, as Liz was saying, was an alternate route, and the alternate route is essentially the existing route. That's the way that the power gets to downtown Miami today and it has been for the last at least 40 years. Not sure exactly when those power lines were built, but it probably was at the same time that Turkey Point was built and the lines were brought up from the south. As you can see, there's a -- the green line represents coming up from the south up to where it says Sweetwater. There's a big substation there called Flagami. That's all -- that whole north -south leg occurs within an existing FP&L right-of-way. Now the part where it gets a little trickier is going -from there to downtown Miami. It goes through county streets and city streets, City ofMiami streets. As you can see, approximately two-thirds of it goes through the City ofMiami. Within that corridor today, FP&L has both overhead and underground lines. According to FP&L, there are two 230 kV underground lines there that have existed for at least 40 years. They were put in probably again when Turkey Point was built and they go through city streets, ranging from 5th Street -- Southwest 5th Street, Southwest 5th Terrace, 6th Street, and Northwest -- Southwest 4th Street. So they're in there today. FP&L is not sure who paid for them. At least officially they're not saying who paid for them and why they paid for them if they did. But regardless, they say the rules have changed and the laws have changed and they don't need to pay for it now. But the fact remains that there are buried lines in that corridor today running through the City of Miami, two of them, 230 kV. And again, there's also multiple overhead lines in that corridor. Commissioner Sarnoff. Could you go back for sec? Mr. Castella: Yep, sorry. Commissioner Sarnoff. Is that all right, Mr. Chair? You're saying -from the Sweetwater station all the way to the FP&LMiami substation -- Mr. Castella: Yeah. Commissioner Sarnoff. -- all that power is underground? Mr. Castella: No, some of it is. Commissioner Sarnoff. Some of it is. Mr. Castella: Some of it is overhead, some of it is underground. They have both types. They have probably three overhead major lines and two underground major lines. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. Does the proposed alternate route intersect or cross into either South Miami, Coral Gables or Pinecrest? Mr. Castella: No. It goes through the County, through unincorporated Dade County and it City ofMiami Page 79 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 goes through the City ofMiami, but it -- as you can see, it comes close to Coral Gables at the north end, probably within about a block or two, and then it pulls away because we're basically following the corridor that exists today. The alternate that's proposed, as I said from the beginning, is the existing. So we're -- as Liz Hernandez was saying, why create two corridors, the red and the green, through the City ofMiami. In the case of the City ofMiami, why not keep it to the one existing where the power already goes today and has been for at least the last 40 years. Looking at what this corridor looks like, the north -south leg or the little skinny green line going from north to south, as I said, is a big, wide existing FP&L right-of-way that exists today. You have the big poles. They're all coming up from Turkey Point. Those are the big wooden and concrete trestles coming all the way north. They're very big lines, you know, high voltage transmission lines. And then when you get to the west leg, the east -west leg, which is the part that goes through your streets and the County's streets, you can see sometimes it goes between developments. These are some of the overhead lines that exist there today. Some of them go down streets. You can see very large poles there today. Some of them go over houses. It's kind of a mixed bag. You have wood poles. You have concrete poles. You have double lines. You have single lines. You have, you know, whole rows of very old wooden poles that are there, which is what Liz Hernandez was saying, that there's an opportunity here to fix up some of this, underground some of this, and this is what exists through your streets today, how the power gets from Turkey Point to downtown Miami, down to main -- minor streets, major streets, you know, over highways, over houses, you know. It's been there for a long time and this is where it goes down into a little substation just north of the 836 and Northeast 19th -- Northwest 19th, where it goes into a little substation, and then it disappears. Everything goes underground from there to downtown, and that's it. That's my presentation. If you have any questions, I'll answer what can. Chair Gort: Thank you. Anyone else in the public like to speak? We'll get back to you in a minute. Ms. Hernandez: We have nobody else from any of the three cities to -- Chair Gort: Okay. Ms. Hernandez: -- speak. Thank you very much. We appreciate the opportunity. Chair Gort: Thank you. Eloy. Yes, sir. Commissioner Dunn: I just wanted to raise a question that -- andl may be a little bit off on this, but I noticed in our newer cities, in our newer communities -- just a thought, and correct me if I'm wrong -- mostly all of the power lines -- and this kind of came up -- are underground in most of -- a lot of the unincorporated areas. Is it that we don't have the full capacity to do everything underground or what is that --? 'Cause I noticed -- Mayor Lerner: To the best of my knowledge, Village of Pinecrest, Palmetto Bay has no underground facilities -- Commissioner Dunn: I'm talking about north, like in Miami Lakes. Yes. Okay, there's someone. Chair Gort: New developments, they're required to. Commissioner Dunn: Yeah, new developments. Yeah, like Miami Lakes and different places, they -- Mr. Castella: Right. The County requires new develop -- the County requires that new City ofMiami Page 80 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 developments have their distribution lines underground because of you know, hurricane -- Commissioner Dunn: Precisely. Mr. Castella: -- protection. So they are doing that, and it's much cheaper to do it when -- Commissioner Dunn: Precisely. Mr. Castella: -- it first goes in as opposed to trying to retrofit it later. But yeah, you're right, all the new developments are underground. Commissioner Dunn: Right, because I remember the last few -- couple of hurricanes. You know, those of us who are in the city in older developments -- Mr. Castella: Right. Commissioner Dunn: -- we were complete out of power and it took us longer -- Mr. Castella: Weeks. Commissioner Dunn: -- because lines were down and that kind of thing andl was just -- Mr. Castella: Trees and everything else. Commissioner Dunn: Yeah. Okay. Chair Gort: Thank you. Any other questions? Yes. Commissioner Suarez: Thank you, Mr. Chairman. I'll let Chairman -- or I'll let Commissioner Sarnoff talk about how the proposed corridor -- whether the City is in favor of the proposed corridor or not in favor of the proposed corridor and let him handle that. My concern is with this alternate corridor that was -- and by the way, I want to thank the mayors for coming and making their presentation. We -- just so you know, we were not aware and were not briefed about this alternate corridor. The City somehow filed some sort of a document supporting an alternate corridor without any direction from the City Commission, and without me personally being consulted. The alternate corridor, I can understand why your cities would prefer the alternate corridor logically. Certainly, if there was an alternate corridor that took all the lines out of the City ofMiami, we would be in favor of that alternate corridor as well, so it's perfectly logical that you would want to have a corridor that's going to minimize or eliminate the impact on your city. Unfortunately, that alternate corridor goes right through the heart of my district and you know, while we as a Commission try to avoid parochialism and it -- the way our city's set up is differently from other cities. We don't run at large. I represent a certain area. We have done things to protect specific districts from things that we feel would not benefit the quality of life of those districts. Recently in District 3, we carved out an area for -- to prevent a billboard company from erecting a billboard in that area because we felt that it would be very detrimental to the quality of life. And just as your studies have shown that increasing the size of the poles that already exist would have a detrimental impact on the economic benefit of your cities and the quality of life of your cities, I feel similarly about how those poles would affect the residents of my district. Andl cannot, under any circumstance, support the alternate corridor going through District 4 without having extensive -- without having done extensive due diligence, without having spoken to my residents, which I have not had the opportunity to do, and I'm a little bit concerned that a document was filed without it having come to the Commission for Commission approval and without me having known about it until three days after it was filed. You know, other than that, I mean, I appreciate the time and the energy and City ofMiami Page 81 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 the expense that your cities have gone through to study this issue and the impact that it has on your cities. I think you're right that it's unfortunate that your taxpayers have to bear the additional burden additionally from the -- their electric bills to actually have to study this and propose new ideas. And I'm sympathetic somewhat to your argument that it already -- there is a corridor, an older corridor, but it seems like the size of most of those transmission lines are similar in size to the ones that we see everywhere. And so to increase them to 80 or 100 feet I don't think would be palatable in my district, just like it wouldn't be palatable in your cities. I would encourage the Commission, our body, and the Mayor and the City to find other ways to get this capacity done if it has to be done. Andl think you've made very persuasive arguments that it may not need to be done immediately or anywhere in the new future. Andl know that there's two parallel things going on. There's the reactors and then there's the need for the additional transmission lines or the -- supposedly for the -- you know, for the additional transmission lines. Butl can tell you that on the basis of what I've seen and on the little information that have, that cannot support the alternate corridor going through my district, andl hope you would both understand that. Chair Gort: Thank you. Mayor Lerner: Okay. If I could just respond very briefly. Chair Gort: Yes. Mayor Lerner: Two things. The -- my request to you today is to consider taking action at least in the nature of a resolution to oppose the FPL proposed corridor, which would create a second infrastructure being impacted upon the City ofMiami. That, in my opinion, would weigh heavily to support what we all want, which is no corridor -- Chair Gort: Alternatives. Mayor Lerner: -- whatsoever. The way I see the context of this determination that's going to be made in the administrative hearing and the burden being on us, the silence amounts to acquiescence, in my view. So having at least a resolution that would oppose the corridor even if -- andl understand your concerns about any additional infrastructure being imposed on your residents. Again, what my very first request to Florida Power & Light was two years ago was tell me you will underground it and we won't -- you know, we're okay. We won't go any further. That is not a consideration at this point. The conditions of the corridor are not a part of the administrative hearing officer's capability to say, well, we'll only grant you the corridor along US 1 if it's undergrounded. They give them the preference of one corridor or the other, and then it's up to us to either negotiate or for the Cabinet to then say, well, if it's not underground, then we're not going to approve it. So undergrounding is something that think we all want to push for, which is why I'm asking the Legislature to take a look at it. But my request to you is to consider, at a minimum, to go forward with a resolution to oppose the proposed corridor down US 1. Thank you. Chair Gort: Thank you, Mayor. At the same time, I'd like to thank you all for being here and giving us all information. I think that's very important. As Vice Chairman Carollo stated before, it's very important to receive all the information and hear all the sides. But at the same time, the second suggestion affects four out of the five districts in the City ofMiami. So as you have fear for your residents, those lines will go right through our residential area and we will not want to see it. So I myself -- and I'm sure Vice Chairman Carollo want to speak on this -- will not support a second corridor. Anyone else? Okay. Commissioner Sarnoff.. Well, let me -- City ofMiami Page 82 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Chair Gort: Then we -- Let him finish and -- Commissioner Sarnoff.. Oh, okay. Chair Gort: Yes, sir. Mr. V llasuso: Mr. Chairman, if we could take a couple of minutes. We don't want to address all the issues -- Chair Gort: Right. Mr. V llasuso: -- 'cause we understand, but there was a lot of inaccurate information, especially about the process. Andl want you to rest assure of the opportunities, ifI can have Ms. Dailey please respond. Ms. Dailey: Mr. Chairman, with your permission? Chair Gort: Yes. Ms. Dailey: Thank you. I just want to address a couple of statements made by some of the other speakers this morning and try to answer those where possible and explain some of the procedural ramifications of where we are. First, with respect to a question from Commissioner Sarnoff. Commissioner, you asked about the heat related to above -ground or underground lines, and I've spoken with FPL subject matter expert who is an electrical engineer and he explained two comments. One, with respect to overhead transmission lines, the ones that are in the air, they are air-cooled -- Commissioner Sarnoff.. Right. Ms. Dailey: -- so there is heat on the facilities when they are in operation, but there is no, to our knowledge, change in the ambient temperature around those facilities. That's on overhead facility. With respect to underground facilities -- Commissioner Sarnoff.. Wait a minute. Wait, wait, wait. If they're air-cooled and if the air dissipates off of it, just like the old Porsche engines, the -- if you get within two inches of the engine, your hand starts to burn, so when you're three inches away, a little less, it dissipates away. By definition, almost by principle, you have to have ambient heating. That's exactly what you're having is ambient cooling. Ms. Dailey: Yes, you're right, Commissioner. I suppose I should be more precise in my comments. What I'm talking about is the ambient temperature at areas outside the clear zone of these facilities. These facilities, when they're built overhead, have a clear zone where nothing else is within that zone. So I'm talking about a change in ambient temperature outside the clear zone. Commissioner Sarnoff.. Right. What's the clear zone? What's your distance? Ms. Dailey: To that, I would have to defer to our expert. Commissioner Sarnoff.. You're Daniel, right? Mr. Hronec: Yes, sir. Sir, the conductors on an overhead line are elevated very high off the ground so -- City ofMiami Page 83 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Sarnoff. I understand. Mr. Hronec: -- they are at a minimum 20, 30, 40, 50 feet or higher off the ground so there's not an ability to measure a perceptible change in temperature on the ground in the vicinity of the overhead transmission line conductors. Commissioner Sarnoff. I don't think that's where you should measure. I'm asking you ten feet away from your lines, how do you change the ambient temperature. And by the way, I would then ask you 20, 30, 40, and 50. Mr. Hronec: I don't know specifically what the temperature change is ten feet away -- Commissioner Sarnoff. It would seem to me that FP&L would know that -- Mr. Hronec: -- from an overhead conductor. Commissioner Sarnoff. -- pretty quickly, especially on a 230 k [sic] and especially on a 520, that you would know exactly what the ambient temperature change is. Mr. Hronec: Well, what we know is that the ambient temperature change on the ground is not measurable. Commissioner Sarnoff. So a man that's 6'6'has a different feeling than a man that's, what, 4'2? Mr. Hronec: I can't answer that question, sir. Commissioner Sarnoff. My point is that's not where you would measure from. Common sense dictates, although maybe this isn't for FP&L, that if you have ambient cooling, you have ambient heating. The reverse is the inverse of the other. So what I'm asking you to get to me at 10 feet, at 20, at 50 feet, how much am -- I was told that if a bird flew within 5 feet of one of your power poles, it would be fried. Mr. Hronec: I'm not aware of that. Commissioner Sarnoff. That's what I want to learn. Mr. Hronec: Okay. Commissioner Sarnoff. So that's why I'm asking this question. Mr. Hronec: We understand the question. Commissioner Sarnoff. Okay. Ms. Dailey: Okay. So that -- with respect to the heat question, we'll get back to you with more details from our experts. With respect to Mayor Lerner and Mayor Stoddard's representations about the NRC proceeding, of course FPL disagrees with many of those statements and we're in the middle of litigation with those two cities and other parties with respect to that discussion, that that proceeding is ongoing and we anticipate there'll be an opportunity for the evidence to be aired on both sides in that proceeding. In the state proceeding that we're talking about today that you all are actively involved in, there is the opportunity -- and we have allowed for the inclusion of alternate corridors in the process. That process will go forward and you all will have the opportunity to participate. There'll be opportunities for opinions and evidence to be aired for pros and cons to come out through that process. You all have the opportunity to ask questions about the application for the alternate corridor that Pinecrest and Coral Gables City ofMiami Page 84 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 have proposed, as well as submit an agency report. You will also have the opportunity to participate at the certification hearing before the judge and the governor and cabinet to state your preference among the corridors on the table. That has -- that relates to the arguments by Mayor Stoddard about economic impacts. We believe, of course, he is cherry -picking among the evidence that's available. There are plenty of examples, including downtown West Palm Beach where there has been urban development in the area of transmission lines. With respect to EMF, electric and magnetic field impacts, again we believe he is cherry -picking among the studies and evidence that's available. Of course we care about the safety of our community. Tthis is where our families live and work, and we care about safety. We will and always do comply with the safety standards applicable to our facilities. The Department of Environmental Protection has the jurisdiction to regulate public health and welfare. In doing so, they have regulated and set standards for electric and magnetic fields with transmission lines and this transmission line and all of FPL's transmission line complies with those DEP standards. So we just wanted to reiterate that the process that we're in right now involves an agency report from the City on FPL's corridor coming up in the next several weeks; and then separately moving forward, you'll have the opportunity to do the same thing on all of the alternate corridors that have been proposed. Chair Gort: Okay. Thank you. We'll now close the public hearings. Comments -- Ms. Mendez: Mr. Chairman, couldl ask one question, just to clam something, of Ms. Dailey? Chair Gort: Yes. Ms. Mendez: It is -- it's my understanding, and obviously you're the expert on this when it comes to transmission lines, but there's the NEPA Act, which is the National Environmental Policy Act, that has to do with the environmental licensing and just impact studies that have to do with the nuclear reactors. It's my understanding that there needs to be that -- a process done with respect to that and usually that should happen or -- first before there is licensing or state licensing with regard to transmission lines, and has that happened yet? Ms. Dailey: The answer to your question is yes and no. Yes, there is a NEPA process. That's the National Environmental Policy Act that requires environmental review of all federal actions or other significant actions by federal agencies. Because FPL is seeking a federal government agency approval of the two power plants, there must be, under NEPA, environmental review of that proposed action. That process has already begun. FPL has submitted what's called a COLA, Combined Operating License Application, and that is undergoing review at the federal agency. It is typically -- the no part of the answer is the order in which the review takes place. Typically, the federal agencies seek to have the state processes completed before the federal process gets completed, not the other way around. So it is ongoing, it is proceeding, and it is -- it's not out of order. Chair Gort: Let me ask a question. Maybe I missed it. I'm sorry. Ms. Dailey: Sure. Chair Gort: Go ahead. Ms. Mendez: With regard to the determination of need that was started at the very beginning, unfortunately without the City being involved, but that determination of need basically stated that the -- that FPL needed to have two nuclear reactors at Turkey Point, and then to do the transmission lines that are related to that. So let's say that the nuclear reactors don't come online, that -- wouldn't that change everything having to do with the determination of need and also wouldn't that change things with regard to the policy act that would maybe not necessitate City ofMiami Page 85 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 these transmission lines? Ms. Dailey: Commissioner -- Chair Gort: Yes. Ms. Dailey: -- or Chairman, may I respond? Chair Gort: Yes. Ms. Dailey: The answer is I'm not sure. The answer is that FPL has submitted an application and under the Power Plant Siting Act, you first -- the first step is you seek a determination of need from the Public Service Commission. Then when you have that, you undergo the siting process that says where the facility should be built, and then it all goes again to a hearing before an administrative law judge, and then final approval before the governor and cabinet, so all of that is part of the same project. So if the need for the power plant changes over here, if the power -- the Public Service Commission makes a change in the determination of need, that would necessarily involve some changes in the proposal that we have on the table, I believe. Ms. Mendez: So then that's when a city can seek to either suspend or revoke the certification process based on those changes? Ms. Dailey: Well, I suppose that's hypothetical. I'm not sure what the City's opportunities to participate would be, but if FPL sought a change in its determination of need and opened a proceeding at the Public Service Commission, any party can participate there. And if we sought to amend our certification application, obviously the City is already involved in that. Ms. Mendez: Okay, thank you. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes, Commissioner Suarez. Commissioner Suarez: Thank you. I think -- let me just reiterate the process as you explained it. And again, I may not know the technical terms as well as you stated them, but you said the first step was for there to be a determination of need. The second step seemed to be for you to determine whether the sitings were appropriate. Is that correct? Ms. Dailey: Yes. Commissioner Suarez: Okay. How can you determine where the lines are going to go if you haven't determined whether the site and where the site is appropriate? Ms. Dailey: If I understand -- Sorry, Mr. Chairman. May I respond? Chair Gort: Sure, go ahead. Ms. Dailey: IfI understand your question, Commissioner Suarez, you're asking how can we in the determination of need? Commissioner Suarez: No. You've established a need for additional capacity, okay, and in the form of two additional power -- nuclear power plants. You still have not determined where they're going to go, the siting. City ofMiami Page 86 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Ms. Dailey: We have. Commissioner Suarez: That was step two. Ms. Dailey: We have. We are currently in the middle of step two. We have proposed a location for siting those two power plants at Turkey Point. Commissioner Suarez: Right. You are -- you have proposed a location -- Ms. Dailey: Correct. Commissioner Suarez: -- so you haven't -- you don't have a determination as far as where they're going to go. You said -- I'm pretty sure you said a few seconds ago, a few minutes ago that you were considering alternate sites. Ms. Dailey: No, I'm sorry. That was a statement by one of the other speakers and that is not an accurate statement of the process. Commissioner Suarez: Okay. So you're only considering one site? Ms. Dailey: We are currently proposing one site. As part of the environmental review -- Commissioner Suarez: That's fine. Ms. Dailey: -- of the proposed site, there are -- we have to demonstrate that the site we chose is the best alternate available. Commissioner Suarez: Makes sense. That site has not been approved? Ms. Dailey: No. Commissioner Suarez: Right. Ms. Dailey: It is the same process for the plant location siting as the transmission line siting. They're currently operating on parallel but separate paths and they'll come back together again before the administrative law judge. Commissioner Suarez: But that doesn't make sense to me on two levels. One, you initially said that that was step two, siting was step two, and what if you're denied your siting? Then -- Ms. Dailey: It's all together. It comes back together before the certification hearing before the judge, all together; as the plant and transmission lines, all together. Commissioner Suarez: So you're saying is that you -- the lines cannot be built without the siting approved? Ms. Dailey: The way FPL has submitted its permit application right now, those lines are associated with Turkey Point 6 and 7 -- Commissioner Suarez: Okay. Ms. Dailey: -- so when the governor and cabinet make a decision on this line within the City of Miami and the power plant, it will be all one decision all together. City ofMiami Page 87 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Suarez: That's not really the question that asked. The question that asked is -- what you're saying is that the lines cannot be built if the site is not approved. Ms. Dailey: That's right. Commissioner Suarez: Okay. Chair Gort: In other words, you're stating that if the site is not approved, you will not build the lines, the corridor? Ms. Dailey: No, I'm not saying that FPL would never build -- Chair Gort: Well, that was -- Ms. Dailey: -- a line -- Chair Gort: -- the question. Ms. Dailey: -- in that location. Chair Gort: I mean, that is the question. The question is, if the site is denied, what happens to the corridor? Ms. Dailey: Okay, then let me clam my response. Commissioner Suarez: I said the question twice. Ms. Dailey: The answer is these lines proposed as part of the Turkey Point project would not be built in that location if the Turkey Point project is rejected or denied. If ultimately later, for example, FPL's transmission planning studies demonstrate an independent need for this transmission line from the Davis to Miami substation, then FPL may seek to have that line built again going through a similar process. Commissioner Suarez: But that process hasn't begun and that's not part of this process -- Ms. Dailey: No, hasn't begun -- Commissioner Suarez: -- is that correct? Ms. Dailey: -- not part of this process. Commissioner Suarez: So in other words, just going -- reiterating for the third time. If -- under the current process that we're in, if the -- if there is no determina -- see, that's the thing. I don't understand why -- I guess I kind of understand why from a timing perspective, it has to be done at the same time, but it almost feels like you're trying to put the, you know, chicken before the egg, you know. You don't have the site approved, and yet you already want to approve the way you're going to get to that site, and that to me doesn't -- I mean, I understand you're doing it because you want to save time, in essence, and if you get a site approval, you want to have a way to get there approved already, but when it's creating so much resistance at so many different levels, you know, don't you think you should maybe do it a little differently and get the site approved first, and then come back to that issue or at least take your time on doing -- on dealing with some of these issues. Give the cities the time that they need to propose different alternatives, you know, have the -- allow the city to lobby the state Legislature, to maybe lobby the PSC (Public Service Commission), and you know, as far as different alternatives to pay for City ofMiami Page 88 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 undergrounding. I mean, wouldn't that make logical sense? Ms. Dailey: I can see, Commissioner, the point you're making, but I think the electrical engineers would say why build a power plant if you don't have the ability to turn the power plant on because you don't have lines. Why site a power plant ifyou don't have that done? Now, the reason within the process that the transmission line process goes a little ahead of the plant progress is because FPL has allowed for the inclusion of alternate corridors. So in order to complete the whole review process ofFPL's corridor and then the alternate corridors within the same time that the plant review process is completed, the transmission process has to go at a little faster clip in order to allow for alternate corridors to be in the process. Chair Gort: Okay, thank you. Commissioner Suarez: And that -- If I just may, just kind of -- just finish it up. And that's -- I think that's the problem here. You first started saying that step one is the need, step two is the siting, and then step three is the lines. Then you said step one is the need, step two, which runs parallel with step three, is the siting and the lines, and now you're saying that the lines are actually coming before step two because of the benevolence of FPL in allowing for alternate corridors. So now we've gone from step one is the need, step two is the lines, and step three is the siting. Ms. Dailey: Step two is the siting of the plants and the transmission lines. Commissioner Suarez: But you just said that the transmission lines are coming quicker -- are being done -- that process is being done quicker than step three -- than step two. Ms. Dailey: Within the process, the city's agency report on FPL's proposed corridor has come more quickly than the city's deadline for a report on the plant, and the reason for that sequence of events is because there needs to be time in the process to allow alternate corridors to be proposed in order that all of the local governments and parties participating who have concerns can participate fully. Chair Gort: Thank you. Now we close -- the public hearing is being closed. Comments among board members. Commissioner Sarnoff. Well, can I ask her a question? Chair Gort: Yes. Commissioner Sarnoff. Because it follows -- I thinkl can interpret what he's trying to say andl think can interpret what you're doing. You're saying we're going to run a parallel track of siting the power lines and we're going to run a parallel track of siting a power plant. If we don't get the power plant, we still need to harden our grid, correct? Chair Gort: Yes. Ms. Dailey: What I'm saying is ultimately that may be needed. I can't tell you today what our transmission plans would show. Commissioner Sarnoff. But I think the reason he's getting stuck is because you're intending on going forward. Let's say tomorrow, I don't know, we determine that there are 100, 000-rads of radiation emanating from the Japanese power plant and it becomes untenable to put a nuclear reactor anywhere in the state of Florida. Oh, that's right, that happened. But let's say that does happen and it becomes untenable for political or whatever reasons to go forward with City ofMiami Page 89 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 nuclear power down there or to add to what we already have. You're saying you're still going to go forward with hardening the grid? Ms. Dailey: What I'm saying is that I don't know the answer to that question. I'm not a transmission planning engineer. FPL on an annual basis does -- Commissioner Sarnoff. Okay, let me ask it -- Ms. Dailey: -- planning studies. Commissioner Sarnoff. -- a different way. Won't the result of which the way you're going through this methodology still have a hardening of the grid, which is running alternate corridors? Chair Gort: Yes. Ms. Dailey: FPL -- Commissioner Sarnoff. Here's Daniel. He always gives me good answers. Mr. Hronec: I try my best, sir. I think the term the hardening of the grid'fs an entirely different set of circumstances where Florida Power & Light, under state mandate, has been rebuilding existing infrastructure to strengthen its capacity. And I think we're kind of mixing metaphors here and mixing apples and oranges -- Commissioner Sarnoff. Okay. Mr. Hronec: -- between a systematic reconstruction of the existing system over a long period of time with the development of new generation infrastructure. Commissioner Sarnoff. But -- stay there, Daniel. 'Cause let's say for instance somebody out of wisdom determines that FP&L wants to sell its power to like, let's say Georgia. Oh, that's right. You do that. And let's say for instance it's determined that you want to have a power plant up north, fewer people. And let's say for instance through a process, it's determined that the best place to put a nuclear power plant is somewhere in the north, let's say a little way, say northwest section of just south of Georgia, which puts you in a extremely advantageous position of power line transmission to, oh, that's right, Atlanta. And let's say, for instance, that occurs. Would you still be putting power lines as you're describing here today in and around the Miami area? Mr. Hronec: I'm not sure I can relate your scenario to planning in the Miami area. But the Florida Power & Light transmission system is evaluated for load flow across the entire system and there are improvements made all over the service territory of Florida Power & Light. Chair Gort: Let me see ifI can get this straight. Mr. Hronec: Yes. Chair Gort: My understanding, the question is if you need to do improvement, you need to create new facility or you're going to improve the existing facility. I think that's the question. Commissioner Sarnoff. Right. Chair Gort: You will improve the existing facility or you create a new facility with the addition City ofMiami Page 90 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 of the existing facility? That's the question. Mr. Hronec: There's not a one -size fits -all answer to that question. There's a need to transmit power between sources. Chair Gort: Right. Mr. Hronec: Sometimes that can be done with construction of new lines, sometimes it can be done by incremental increases on existing circuits. Every study is independent. Chair Gort: Okay. Thank you. Mr. V llasuso: Let me try to clear that up. Eventually we'll have to build the line to bring the power that is needed. I mean, whether the plant is built at Turkey Point or at some other facility, there's a need for power -- Chair Gort: (UNINTET,TIGIBT,F) Mr. V llasuso: -- and we need to bring the lines in. Now, is that going to happen in 2014, 2015, or 2017? We don't know. We have a five-year plan that we're looking for transmission -- Commissioner Sarnoff. And Eloy, whether you call it hardening or not hardening, you still want to bring this line in? Mr. V llasuso: You need the line in the City ofMiami to -- Chair Gort: Yeah. Commissioner Sarnoff. Right. Mr. V llasuso: -- provide electric service to the -- Commissioner Sarnoff. IfI used the word hardening and -- Mr. V llasuso: -- residents. Commissioner Sarnoff. -- I shouldn't have used the word hardening, your grid needed to be rehabilitated. Mr. V llasuso: Yeah. Chair Gort: Right. Mr. V llasuso: Right. Chair Gort: Okay, thank you. Any other questions? Thank you. Discussion, board members. Commissioner Sarnoff. Well, let me start because I've been at this for the better part of three years and it's disappointing that -- it was disappointing how the previous Administration dealt with this. It's disappointing that a lot of Commissioners are only learning of this sort of right now. Andl don't think there's a more complicated set of circumstances that could come to us andl mean complicated politically, I mean complicated engineering -wise, andl mean complicated in terms of what the best outcome is. It seems to me that this community -- if you ever walk around -- and Coral Gables is certainly beautiful and so is South Miami -- if we ever City ofMiami Page 91 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 walked around and really were honest with ourselves and said how could we improve the quality of life, all you'd need to do is look at new communities and see that there are no power lines. And I'm from Brooklyn; trust me, I know what power lines are because they ran -- and they were only in wooden poles and nobody would even consider undergrounding in Brooklyn and that's where I was brought up. And we didn't have trees to cover them, which you do in Miami. So this community has always been short-changed. You know, when I looked at your community, Commissioner Suarez, andl saw how it seemed to be acceptable to even have what's existing there even as opposed to what they're intending to do or what could be done as an alternate one. You know, sitting in your shoes, I certainly wouldn't want that. And know you also share what I call the -- whether it's -- I'm not a good Boy Scout -- northern or western part of south -- of US 1. There's a part of your district that will touch that and concern that as well. And to the Vice Chair, you certainly fought like a -- well, you used your diligence to fight a billboard. I would think you'd use your diligence to fight mega power lines which inevitably it goes right through your neighborhood in the Roads, and there's no intention of undergrounding right there. And yet in my heart of hearts, I guess what I really believe is US 1 is an appropriate corridor to bring these power lines up and down, but not above ground. They should be done below ground. Oh, but, Commissioner, the cost. Are you kidding me? FP&L says it's $500 trillion, and that's if they give you a discount, and that's if you also buy the used car they're selling. And you know, I don't know if it's 500 trillion and I don't know if it's really only 200 million 'cause it's very hard to lock them down. And the reason I kept on asking don't you have underground power on US 1, and now I have confirmed there is underground power on US 1, is simply to tell me that there is a right-of-way there, that they have the ability, the land mass necessary to do so. I know FPL's not going to come up to me -- it's not a 230, whatever. What -- is it 230 -- Mr. Stoddard, is it a 230 k [sicg? Is it a 230 DGB, or is it a --? Mayor Stoddard: The existing line right now is a 138 kV. Commissioner Sarnoff. But what's the 230? Mayor Stoddard: (UNINTET,TIGIBT,F). Commissioner Sarnoff. All right, so let's just use 230. And I've also heard they want to do 520, okay. And that was two years ago they were talking 520. Let's just say it's a really big power line that's going to generate a lot of heat. You know, the right thing to do is to bring this down US 1 and to underground it, as they did 60 years ago, with just a tube and a pipe. But the question is how do we get FP&L to do what we want it to do when -- I think the Vice Chair will concede this -- they probably have the ability to change the laws pretty well as much as they choose, and in '07 they made a law change that was significant to them and didn't get any publicity. Where was channel -- you know, who's here today? Well, where was the Miami Herald, Chuck? Where was, you know, Channel 4? Where was Channel 10? I think Channel 10's here. Where were you guys when they were changing this little law that was a great big help to them? The answer was you didn't notice it. We didn't notice it because they knew what they were doing 'cause they had a plan, and they were going to follow that plan. Now, the question we have to ask ourselves up here -- and understand the parochial nature of this argument and there's an old saying in the county. You know, what is it, you can count to -- if you count to seven, you win. On this Commission, if you can count to three, you win. And it's not hard to figure out that we're in danger or certainly I'm in danger of not being able to get three votes because of the parochial nature of the argument, which is NIMBY, Not In My Backyard. And to be quite candid with you, I would never present a set of circumstances to any Commissioner up here that would say I have a proposal for a brand-new state-of-the-art highway system, but it's going to go right through your neighborhood. I don't think any of us would have the audacity do that. But we have to ask ourselves what is the best way to deal with FP&L. And let me use an analogy, the way the Russians fought the Germans in World War II. The way the Russians fought the Germans in World War II is they presented nine lines of City ofMiami Page 92 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 defense. They didn't go after them with laser beam accuracy because they knew the German Army was a better equipped, better trained army. I submit to you FP&L is a better equipped, better trained army than the City ofMiami, probably the City of Coral Gables and probably the City of South Miami combined. So I present to you a scenario, as the Russians did, which is they'll break our first line, they'll break our second line -- and by the way, they got to the sixth line, which was inside of Moscow. What happened is, the other ends of the lines collapsed and surrounded the German Army. Now, that is certainly a valid way of doing things, especially when you're outmanned and you're outgunned. Some of you may want to present a laser beam approach, but I don't think there is a laser beam here. And I think what Mayor Lerner and Mayor Stoddard were saying to us is join with us, fight them every step of the way so that FP&L equally has to expend its energy and its resources in a very complicated process so that inevitably I think the end game here -- andl hope everybody would join me -- is to underground on US 1. And of course, Mayor Lerner is right. Make sure that we can build TODs, transit -oriented development so that the footing of these buildings are not affected by the undergrounding. Now if you've attended any of these FP&L seminars -- andl was with Commissioner - I was with then State Representative Commi -- I keep wanting to call him Commissioner. Maybe he's going to run someday. -- Lopez-Cantera, and we had all the meetings in his office. And they brought us a PowerPoint presentation and a description and photographs of what these underground lines look like. I mean, it's an impressive undergrounding of what looks like an underground city where these actual lines go and exist 'cause they're encased in oil and the oil dissipates the heat. So whatl would ask my fellow Commissioners to do is join with me. Let's adopt what the City of South Miami and the City of Cutler Bay and the City of Pinecrest has done, not with the intention of placing it there, but with the intentions of keeping a line of defense against FP&L so that we can continue to somehow convince them that when they go to sell this power to Georgia, when they go to sell this power north -- because it's like mercury. Once you put mercury in a bottle together, you can't discern the piece of mercury you put in there. Power is like that too. Once you put power in the grid, if there's ample power to the south, you can sell your power to the north and transfer your power from mid Florida to North Florida. And the reason I say that is, there's no way the City ofMiami, the City of Coral Gables, the City of South Miami should bear the cost, the expense, and the burden of undergrounding. That is a cost burden and expense that should be borne certainly in the South Florida region, more impressively and more appropriately in the state of Florida. It's something that, if it's distributed correctly, would be less than $18 a year. And this number that they give us, whether it's 500 trillion -- and of course I'm being facetious, so any newspaper reporter should not write 500 trillion with a used car, but it would have been a Bentley -- that they would have required -- you know, let's get them to that place that they need to be. And the place they need to be is undergrounding. And then I submit to you that for the next ten years, this community should find a way to force FP&L to go wherever and whenever it can undergrounding 'cause there's no better quality of life than to do away with all of these overhead power lines. Take it from a kid from Brooklyn. We didn't even have the trees to cover up the power lines. You know, when you look at these guys cut the trees in a great big V and you think to yourself, that's acceptable practice in Miami. Let me close with one thought as to how we find ourselves in the position that we're in. You andl are forced to have one power company, Florida Power & Light, that is wholly owned by Florida Power Company, that is traded on the New York Stock Exchange. Do you think they expect to make a profit so that their shareholders can continue to trade on the New York Stock Exchange? Thank you, Mr. Chair. Chair Gort: Let me -- Ms. Mendez: Mr. Chair. Chair Gort: -- inform people. It's very important, the four of us in here. I've been here maybe about a year and a half so a lot of this process that the City and Commissioner Sarnoff are City ofMiami Page 93 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 going through, we have not. And one of the questions that I've askedFP&L is this lines, this power, how many people it's going to be serving? How many people are going to be benefitting from this power going out? That -- the cost of all that should be shared by everyone who's going to receive the benefits. That's something that I stated from the --from first. Andl think it's very important andl want to thank all of you for being here. I think we ourselves got a lot of information that we didn't have before, so we are very appreciative. And any further discussion? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. I agree with Commissioner Sarnoff. I think that any further power lines should be underground. I could not support the alternative route especially now not having enough information and studies and so forth. And at the same time, I'll be totally honest, I cannot support it because of the detriment it's going to be -- that it's going to have on our neighborhoods. And yes, and just like I've made strong arguments when it was going to be a detriment to my district, to my neighborhoods, at the same time I understand clearly andl thinkl expressed that if it would be to that same type of detriment to your community, I'd be there with you. So I could not support an alternative corridor. However, I do agree with Commissioner Sarnoff 100 percent. I think the way this needs to be done is underground and we should explore every possibility to make sure that, first, if it has to be done, and second, that if it is -- that if it does have to be done, that it's underground. And you have my support. And you know, that's where I stand. With that said, I'm always welcome to new information, any information that you feel thatl or any Commissioner here needs to see, review and analyze before we make a final determination, but I could tell you, Commissioner Sarnoff, you're right on. The way this needs to go is underground. Chair Gort: Mr. Mayor, you're recognized. Mayor Regalado: Thank you. Mr. Chairman, what I ask from you is that before you end the discussion on this issue, you might want to have either a resolution or a direction to the Administration to withdraw what was filed in terms of the alternate corridor. That way, we are a part of the process. I will say to you that I'm totally in favor of suggesting undergrounding the corridor if there is a need for the corridor. You can also have legislation not only directing the Administration to withdraw that because they need that direction to withdraw what was filed, but you can also have legislation to oppose, as it is, the FPL proposed corridor on US 1 overhead. So -- but we sort of need some direction from you to -- at least to withdraw what the City filed. Vice Chair Carollo: Mr. Chairman. Chair Gort: Thank you, Mr. Mayor. Yes. Vice Chair Carollo: Thank you. And Mr. Chairman, I'd like to add to what the Mayor said. You know, Mr. Mayor, I have always spoken about accountability, andl continue to so much so that even mentioned today when I spoke the accountability of our Administration on two separate occasions, strongly recommending for us to support something that I felt andl think has been seen was a bad deal for the City ofMiami. With that said, at the same time, you know, I want some accountability. How was this somehow filed without any of our Commissioners being given a heads up? I think in all fairness, you know, it's only reasonable and it's fair to ask how can this happen, and more importantly, how can we prevent this from happening in the future so --? City ofMiami Page 94 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Chair Gort: Yeah. Mayor Regalado: Well, if I may, Mr. Vice Chair, I would defer to the Administration and the City Attorney's office to explain. My understanding is that there was a deadline order by court where the City had some timeline that it had to follow and we didn't have a Commission meeting. Now, accountability, yes, you're totally right. The problem that we have is -- and Marc knows this because I was sitting over there -- we tried three years ago, two years ago to do something in terms of resolution of the US [sic] corridor. The Planning Department at that time and the City Manager always asked to defer that, saying that they would be taking care of and then we know what happened after that. And you're right, we need to be on top of the things. Nothing can fell [sic] through the cracks anymore because this is a very, very important issue for the residents of the City ofMiami. Actually, I remember that -- when we discussed that, I presented some mail that I -- that we received in our District 4 office of people that have gotten letters from FPL asking about that opinion and they forward us those letters with their comments that they didn't want, at that time I don't know why, lines through Flagami. So it is important to make a statement in terms of directing the Administration to withdraw that and, of course, directing the Administration to give you an update of the process and whatever process that is, to bring it back to the City Commission for discussion in the sunshine. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Thank you. Yes. Commissioner Suarez: First of all, I'd like to make the motion as stated by the Mayor. Vice Chair Carollo: Second. Commissioner Suarez: Okay. Chair Gort: It's moved by Commissioner Suarez, second -- Commissioner Suarez: Andl think, again -- Chair Gort: -- by Vice Chair. Commissioner Suarez: -- andl don't want to harp on this and I'm not going to call anybody out, andl think -- I appreciate the Vice Chairman for not doing that either, specifically calling anybody out. But I think the concern is that in the future no documents are filed without the expressed authority of the City Commission or without us being consulted. Andl think that's the -- that was the key reinforcing thing. Vice Chair Carollo: Mr. Chair. Chair Gort: Yes, sir. Vice Chair Carollo: And just to add what Commissioner Suarez said. And you're right, Commissioner Suarez. As you noticed, I didn't call anybody out, but at the same time, there needs to be accountability. And my intent was so this doesn't continue, you know, we have to mention it because if we're going to fix a problem, we got to make sure that we mention, hey, there is a problem. And again, my intention was that this does not happen in the future. Thank you. Chair Gort: We all want the same. City ofMiami Page 95 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Ms. Mendez: Mr. Chair. Chair Gort: Commissioner -- wait a minute. Commissioner Sarnoff. Commissioner Suarez: Yeah. Let me just explain why I'm not going to join you in this, and it's not because I want the alternate corridor. I want this City to stay engaged in this process. I want this City staying engaged in this process just like Coral Gables, just like South Miami, and just like Cutler -- Old Cutler. Andl think we should oppose FP&L at every juncture that we can until they prove the need, until they prove everything that you brought about, and that's why I'm not going join in this because I want the City engaged. I don't want to hear that we missed a deadline for the development as to, all right, the corridor has been set but now the conditions as to where the corridor's going to go -- oh, City ofMiami, you missed it by 14 days. So that's why I'm not going to join in this. Andl tried to give you the analogy of the Germans with the Russians or the Russians with the Germans by saying think the way to deal with this -- andl give you my pledge. When it comes time to release the alternate corridor, I would vote with you to say it's time that the City ofMiami change its position on the alternate corridor because I don't intend on putting a problem in any one of your neighborhoods when it belongs down US 1 underground. But I want to stay engaged in this process. And that's what the other Administration, when you sat here with me, did not do. And that was I think a huge detriment. The only way I stayed involved was through Carlos Lopez-Cantera, the state rep, in the meetings with that office. And we ended up missing a deadline by the way. We missed the needs deadline. So I want -- that's why I'm not going to join with you. I know for political reasons you may need to do this and it may be something that you want to still bring forth. I want to fight like the Russians fought. I want to oppose them every step of the way. I don't want to give an inch of land andl want FP&L to prove the absolute need, resolve, and necessity for them to come down US 1 and when they do finally come down US 1, I want that undergrounded, andl don't want the City ofMiami bearing the expense of that when it belongs throughout the state of Florida. Mayor Regalado: Mr. Chairman -- Chair Gort: Yes. Mayor Regalado: -- if I may. That is why, Commissioner, I asked first your direction to withdraw the alternate corridor. But second, if you want to add to the motion the fact that we oppose FPL corridor on US 1 as it is now and recommend that this will be underground. And that is symbolical, but it's a message. Commissioner Sarnoff.. Right. I think it would -- Mr. Mayor, I think it would be symbolic andl think it might be premature ifI was reading these documents correctly because -- but do get -- you're right to say symbolically, it is a good place to be. I just want to fight like the Russians. Mayor Regalado: Okay. Chair Gort: Ms. Mendez. Mayor Regalado: But they lost. Chair Gort: Commissioner -- Commissioner Sarnoff.. They -- no, they won. They -- Moscow -- Chair Gort: Commissioner Dunn. City ofMiami Page 96 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Sarnoff. -- they surrounded. Commissioner Dunn: I believe -- and that was my next question I was going to ask from a parliamentarial [sic] procedural way, what way could we --? Because I will go on record, I will be voting with my colleagues to protect the integrity of neighborhoods. That's something we've all been big on, but then how can we stay engaged. Andl don't if there's a way -- I'll yield to my legal -minded colleagues. Chair Gort: Well, I got to let my -- Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: -- I'm going to let our attorney -- yes. Commissioner Suarez: Thank you. I don't really want to get too much into the substance of the resolution in terms of arguments about what we 're doing and what we're not doing because I feel that it -- well, look. I think we should bring this back on a regular basis. This is something that we should discuss more instead of less, andl think part of the reason why we got to this point is because there's been a resistance, for whatever reason, to discuss this, andl think it should be the exact opposite. We should be discussing this more often and we should be engaged in the process, like we're engaged in our finances. We're engaged in a lot of different things for the City and we should be engaged in this. And instead of -- we shouldn't have any fear to talk about this. On the contrary, we should be talking about this on a regular basis, where are we at today, where are we at tomorrow, what can we do, what's the next procedure. What can -- And as you've seen, when we get engaged in a fight, for lack of a better word, we are pretty successful. I mean, we haven't lost one in a while, so -- you know, the fact of the matter is I think the City does have a lot of credibility with its legislative delegation in Tallahassee and a lot of it comes from the unanimity in the way we do things and the collegiality in the way we treat each other. So, you know, it's very hard to divide us. And we represent a lot of different demographics and so that makes us even more powerful in that sense. In any event, I think it's something that we should bring back maybe in two or three months or maybe on a quarterly basis until, you know, we're satisfied with the fact that our efforts are constant and continual 'til we achieve our goal. Chair Gort: I'd like to hear from the Attorney, our attorneys. Ms. Mendez: Basically, there's been a few motions andl just wanted to see ifI can articulate in one motion that the Commission would be happy with so that we can have a little direction moving forward on this. Basically, it's a resolution of the Miami City Commission directing the City Manager and the City Attorney to withdraw the alternate corridor and take any and all action necessary to prevent FPL from placing overhead transmission lines through the City of Miami, unless undergrounded, in the matter of Florida Power & Light Company Turkey Point Units 6 and 7 plant siting application, in addition to looking into any possible revocation or suspension of the certification. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I'd like to respectfully ask my colleague, Commissioner Sarnoff, would he support that motion because like I stated, I am definitely against the alternate corridor, and at the same time, I really pledge my support -- Chair Gort: (UNINTET,T IGIBT ,F) to fight. City ofMiami Page 97 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Vice Chair Carollo: -- to be part of the fight, part of a team and make sure that it does go underground. But at the same time, I would like to see if this Commission, once again, is united in this fight and that's why I respectfully ask you if you could support this because -- see, I don't think that not voting against or continuing with this alternative route necessarily means that, yes, we have a better position as far as underground, and that's where I'm having difficulty with. And at the same time, my goal is for all of us to once again walk out of here united because I do believe that we all have the same intentions, and it's just how we're going about it, so I think if we could, you know, have a little further discussion and make sure that, you know, we stay united in the way to get to the same solution or the same goal, then maybe we'll have even a stronger position. Commissioner Sarnoff.. Here's my -- Chair Gort: I believe the suggestion by the Mayor -- Yes, Commissioner Sarnoff. Commissioner Sarnoff.. Here's my concern. I want to make sure that the City ofMiami is engaged at every process, at every deadline, at every moment. You know, I'd like to give -- there are going to be arguments laid. It's almost like an amicus curiae, which I think Commissioner Suarez would know. That's called a friend of the court, where we would file on -- in support of what South Miami's doing. I'm not supporting, and understand this, the alternate corridor. I am supporting some of the arguments they're making about these power lines because what they're really saying is the above -ground lines -- andl think South Miami knows what it's doing andl don't think they really believe or -- I don't think for a moment -- maybe I shouldn't speak for them -- whether they believe they're really going to get an alternate corridor or not, I don't know. But most of the arguments they're making is about above -ground power lines. And I want us engaged in the argument in front of an AIJ, administrative law judge, the whole time, where sometimes it's not a motion to compel; it's a motion to dismiss, but you're really setting them up for a motion to compel. That's why I want us engaged the whole time. And if our resolution allows and affords our City Attorney and our planning and engineering personnel, as broadly said as I can say it, are allowed to attend and at least sit and hear all the various meetings so that they can have some degree of input, that is what I want. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Well, my question to the attorneys is, if we pass this motion -- Commissioner Suarez: Of course. Chair Gort: -- it doesn't mean we are being disengaged. We'll still continue to be engaged. At the same time, I think we need to know from now on the whole process that's going to be taking place, the dates it's going to be taking place, and we got to make sure we don't miss any of the timelines that we -- Commissioner Suarez: Mr. -- Chair Gort: -- that were imposed on us. Commissioner Suarez: Mr. Chair. Mayor Regalado: Mr. Chairman, we have a June 13 deadline to file. So the resolution could be the direction that they have to file. You have until June 13 now. Ms. Mendez: For instance, the resolution that I just read to you trying to put everything City ofMiami Page 98 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 together, it would allow the City Manager and the City Attorney to take any and all action necessary, so I think that addresses your concern, Commissioner Sarnoff. Commissioner Sarnoff.. But I want to make sure -- what I want to make sure is that this ALJ sees us as having standing. Ms. Mendez: Yes. Commissioner Sarnoff.. Stand -- well, let me just explain it so that if you're wrong, I can at least say there's a problem. I want to make sure that we have standing to be in attendance for the alternate corridor arguments. Ms. Mendez: Correct. So that's why we need to withdraw the alternate corridor and you also need to allow me to make any arguments against it, so that would be probably afriendly amendment by you, if you like. But the point is we would be engaged in every part. The other thing is that on June 13 we have to submit an agency report, so this is going to come back to you on June 9 to discuss the agency report, which is another part of this process. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: Yeah. Initially, when I found out about this alternate corridor, the rationale was that it would strengthen somehow our argument with FP&L. And I, to be honest with you, think it does the exact opposite. I think it weakens our position tremendously because as the Vice Chairman demonstrated when we were first negotiating the billboard agreement, it's very simple to say, oh, this is your proposed alternate? Let's go with it. And then where are you? You know, so -- you know, I think as long as we can stay engaged in the process of understanding what's going on without having to take a position -- well, without having to take an affirmative position on the alternate corridor, I think we're good to go. I cannot support the alternate corridor under any circumstance. Ms. Mendez: Just for us to be able to do a couple of things that are coming up, for instance, if we do nothing on the alternate corridor, that means that on May 31 it'll die because we didn't properly notice, we didn't give any data, and we didn't file anything that needs to be done by May 31. So in that regard, let's say that the Commission decides not to do anything with the alternate corridor, the notice of filing dies. But then there's another process, the same process that has happened with the US 1 corridor which has to do with completeness and whether the application is complete and any recommendations, that is going to happen now with the alternate corridor that was provided by two other cities, so this Commission needs to advise the Manager and the City Attorneys office how we want to address that, which is do we want to oppose it, do we want to make recommendations for it, et cetera, et cetera. So now starts a second prong of -- it's simultaneous to what's happening now, but it's just a second prong of filings that we have to make with regard to the alternate corridor that's filed by two other cities. So that's why we need direction with regard to withdrawing an alternate corridor, which, again, I said it can -- it'll die on the 31 st if we do nothing, or opposition to an alternate corridor . We do need to make a decision as to that, which the opposition to the alternate corridor we don't have to make today. It could be done at the June 9 because our deadlines are a little later, but I just want this Commission to know, if we do nothing else today on the alternate corridor, it'll die on the 31 st for us. Chair Gort: Okay. Ms. Mendez: There's still two other -- City ofMiami Page 99 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Chair Gort: Right. Ms. Mendez: -- cities that -- Chair Gort: My question, once again, is we pass this motion, we can still stay active? Ms. Mendez: Yes. If we pass the proposed motion that I made trying to, you know, put everything together, yes, we're still engaged. Chair Gort: Right. But it's very important that we're aware of the guidelines and the dates that we have coming up, and make sure that you sit down with the Commissioners and you keep us informed of everything that is taking place. Ms. Mendez: Yes. I -- Chair Gort: I don't want you the day before, you got to follow the guidelines. Hey, I had to do it. Ms. Mendez: Correct. Chair Gort: All right? Okay. Any further discussion on the motion? Do you want to change the motion? Okay. All in favor -- Ms. Mendez: Do you want me to read it again just in case or --? Chair Gort: It was his motion. Ms. Mendez: Oh, okay. Chair Gort: Or you want to approve her motion? Ms. Mendez: Which --? Yeah. I just need to know -- Chair Gort: Which motion are we going with? Ms. Mendez: -- for the record which -- Chair Gort: She recommended a motion, and the maker of the motion, I don't know if -- what you want to do. Commissioner Suarez: I think the Mayor had mentioned -- Ms. Mendez: Right. I just -- Commissioner Suarez: -- something and then I think you rephrased what the Mayor had said. I don't have a problem accepting your language, which is essentially that we reject the alternate corridor and we also reject the proposed corridor in essence and will only accept it if it's underground. Is that -- Ms. Mendez: Right. Commissioner Suarez: -- a clear synopsis of --? City ofMiami Page 100 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Ms. Mendez: But ifI could just read it because I want to be -- Commissioner Suarez: Sure. Ms. Mendez: -- perfectly clear that we're -- Commissioner Suarez: Sure. Ms. Mendez: -- on the same page and that it -- Chair Gort: Okay. Ms. Mendez: -- captures everything that we've discussed. A resolution of the Miami City Commission directing the City Manager and the City Attorney to withdraw the alternate corridor and take any and all action necessary to prevent FPLfrom placing overhead transmission lines through the City ofMiami, unless undergrounded, in the matter of Florida Power & Light Company Turkey Point Units 6 and 7 power plant siting application, in addition to looking into any possible revocation or suspension of certification. Commissioner Sarnoff. Wait. What does the Ih addition'fnean? Ms. Mendez: The Ih addition'fs basically if we -- based on all the things that we've discussed today with NEPA or the determination of need, it's basically to look at any possible revocation or suspension of the certification. So basically, suspending the application and no power lines come through the City, period, or at least suspend it until we figure out what's happening with the nuclear reactors or just postponing everything in some way or fashion. Commissioner Sarnoff. You're using that as a catchall. Ms. Mendez: Yes. Commissioner Sarnoff. Okay. Chair Gort: Okay, thank you. Commissioner Suarez: I will accept that version of the motion. Vice Chair Carollo: I also accept as the seconder. Chair Gort: Okay. There's a motion and a second. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Thank you all for being here. By the way, I don't look at this as fighting. I'm looking at this all coming together and come up with some solutions, what's best for the City. Sometimes we try to use the easiest way out. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS PZ.1 ORDINANCE 11-00022zt Second Reading City ofMiami Page 101 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, ENTITLED "DEFINITIONS," ARTICLE 3, ENTITLED "GENERAL TO ZONES," AND ARTICLE 7, ENTITLED "PROCEDURES AND NONCONFORMITIES", TO FACILITATE DEVELOPMENT OF AFFORDABLE HOUSING BY PROVIDING INCENTIVES INCLUDING MODIFICATIONS OF ARCHITECTURAL AND DESIGN STANDARDS AND PARKING REDUCTIONS IN CERTAIN TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00022zt CC SR 05-12-11 Fact Sheet.pdf 11-00022zt PZAB Reso.pdf 11-00022zt CC Legislation (Version 4).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 with modifications* to City Commission on January 19, 2011 by a vote of 8-1. *See supporting documentation. PURPOSE: This will facilitate development of affordable housing by providing incentives including modifications of architectural and design standards and parking reductions in certain transect zones. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Noes: 1 - Commissioner(s) Sarnoff 13265 Chair Gort: PZ (Planning & Zoning) items. We're ready. Francisco Garcia: Commissioner Gort and Commissioners, for the record, Francisco Garcia, Planning director. Item PZ.1 Priscilla A. Thompson (City Clerk): I'm sorry. I am so sorry. Chair, are we going through the PZ order of the day so that can swear in anyone who's going to testify? Chair Gort: Yes. Julie O. Bru (City Attorney): I don't think anyone has to be sworn in today. I think all the maters before the Commission are legislative in nature. Chair Gort: Discussion. Mr. Garcia: Thank you. Once again, as pertains to item PZ.1, I believe Commissioner Suarez had wanted to be here since he has been actively involved in the -- City ofMiami Page 102 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Chair Gort: He's here. Mr. Garcia: Oh, very well. So I will simply say a couple of words to introduce the item and then yield to Commissioner Suarez. PZ.1 is before you as the second reading of an amendment to Miami 21 zoning ordinance to provide for certain incentives for the construction and development of affordable housing in the City ofMiami. Commissioner Suarez: Thank you, Mr. Chairman. We were fortunate enough to pass this unanimously on first reading with some concerns that were expressed from my colleagues. One of them had to do with making sure that there were mixed -income projects that were being contemplated by the City, and I've assured Commissioner Sarnoff that I'm actively working on those issues as well. Andl think he had also brought up some additional items. I don't know if he has resolved those questions or if he has any additional questions or, you know, any of the other colleagues do. Chair Gort: IfI may, my understanding is at this time Planning Department's not ready to make any recommendations or -- and mainly this is going to be a discussion items with the -- it'll be open to the public and the public can speak on behalf of -- Mr. Garcia: As pertains to -- Chair Gort: -- different issues. Mr. Garcia: I'm sorry. As pertains to PZ.1 -- from PZ.2 on, that will be the case, Chairman Gort. For PZ.1, since this is second reading and you've considered this item before, we would recommend that the Commission take action today. Chair Gort: Okay. Commissioner Suarez: I mean, I move the item like I did before. I don't know anyone has any Chair Gort: Motion -- Vice Chair Carollo: I'll second. Chair Gort: -- by Commissioner Suarez, second by Vice Chairman Carollo. Vice Chair Carollo: Second. Chair Gort: Discussion. Commissioner Sarnoff.. Yes, sir. I know we try to do everything in unison and we try to do everything by consensus and -- well, I'm moved to some degree by some of the things you've done. I have tried to verify some statements that were made up here. For instance -- and you turn out to be right, 50 percent of the City ofMiami is susceptible to affordable housing. As it turns out, that's a formula. Everybody sitting to my left here is a City employee and would probably be susceptible to affordable housing. You take a percentage of your gross income and if it's above 33 percent in the City ofMiami, you are considered eligible for affordable housing. That means a person making $120, 000 a year that has three children can be subject to affordable housing in the City ofMiami. I don't know about most people, but think if you're making $120, 000, you should feel pretty fortunate and three children aside. I just question especially the 50 percent number that was registered, which really piqued my interest in this whole thing. Whether -- City ofMiami Page 103 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Suarez: Can I --? Commissioner Sarnoff.. -- in fact post 2008 -- 'cause our housing crises have come down, I believe the number's 36 percent, and don't think anybody's ever factored in the 36 percent reduction, so what was a thousand a month is now 740 a month, you know, and on and on. Or I should say 648 a month. One of you should have jumped on me real fast for that. Commissioner Suarez: Can I jump in real quick? Commissioner Sarnoff.. Yes. Chair Gort: Yes. Commissioner Suarez: I just want to -- I think the way I understand it -- and maybe I under -- maybe I don't understand it right -- is that the formula is based on area median income and it -- if you have somebody that's 60 percent of area median income, they would qualin, for affordable housing under some of these type of programs. And median income is the average income in essence, but there -- but the -- in this case -- we're getting into kind of mathematical technicalities, but the median is different from the mean. The mean is how many people are above the me -- you know, the median income, and that number is very, very small because wealthy people, even -- they push up the average, but there's not that many of them. There's an aggregation and accumulation of wealth. So there's an enormous amount of people that would be 60 percent area median income because they -- because less peo -- more people that make less money, essentially. So the more people make -- the less people that make more money drive up the median income, but there's more people that make less money and that's why that number is so high. It's not something that you think -- mathematically you would think why would 50 percent of the people qualin, for affordable housing? And the reason why is because we have a lot of poor people in this County, in this City. Commissioner Sarnoff.. Well -- andl -- to use your numbers, and instead of arguing that we have a very liberal use of what is affordable housing simply because if you go above 33 percent, the first criteria of you being eligible for affordable housing you're now susceptible to that. And if you have three children and then your AMI (Area Median Income) is 120 above that or within 120, you can then theoretically become eligible for affordable housing. My only point, use the math how you want, I think that considers a great number of people that don't really need affordable housing. Now let me comment on a more 20, 000 feet -above issue and that is the way your statute is written or the way your ordinance is written, you're going to have 80 percent of your building filled with 60 percent ofAMl. That means you really are, in my opinion, and think the opinion of most planners, you're warehousing the poor because you are putting buildings that are extensively filled with low-income people. It really should be called low-income housing because it's really not affordable housing. Sixty percent ofAMl in the City ofMiami, in the County -- Miami -Dade County can be as low as $18, 000 a year for a single person, and 60 percent of your building could be filled with people making 18,000 a year and -- I'm sorry; 80 percent of your building could be filled with that. Until those formulas change, your housing practice is that of the 1950s and -- you may be shaking your head no, but it really is. That practice no longer exists in Atlanta, Georgia. That practice no longer exists in Montgomery County, in Maryland. It's practices that I think are no longer in existence in some of the quicker thinking and maybe far-ranging cities. I'm not going to make a popular statement here because, you know, saying you're against affordable housing is like saying you're against Santa Claus. Everybody has just decided affordable housing is the word they want to use and gosh, gee, that's great. And how could you be against affordable housing, you know. How could you not want to feed the homeless, you know. It's all those kind of words. But when you really drill down into this, what you're really doing is you're creating incentives City ofMiami Page 104 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 to put 80 percent of very low-income people in one unit versus mixed income. Andl know I said to this -- you to this before -- or I said this to you before. I apologize. I think the proper planning of tomorrow is to create mixed -income opportunities. Now I know you said the way the state of Florida does things, it doesn't allow for that type of product. You know, I would suggest that we would be better suited to change the means that we create the affordable housing versus creating the low-income housing that is proposed and living with that for the next 30 to 40 years because that's what we'll be doing. And you know, ifI was a different Commissioner and my skin wasn't so light, it wouldn't sound so harsh, what I'm saying. I know this has been said by Mayor Gibson and it comes out different from her when she says it. But this is something thatl think is something we really need to look at. I'll probably be the only one vote against it and only history will tell us in the future how it plays out. But I don't think you can load a building up with 80 percent of the people making 60 percent of what the average person makes in the City ofMiami. I think that's really the warehousing of the poor. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I don't think the two kinds of housing are mutually exclusive. I don't think you either have to build one or have to build another one. I think we need to create incentives to build both. I think we need to create incentives for people who are in low-income circumstances so that they can live in places that they can feel proud of. When you go to the buildings, you'll see that people can live in a building that looks like it should be in Brickell for 2 or $300 per unit, and think that's kind of the point. When you go there, you see little kids who wouldn't otherwise have access to computers playing in a computer room or wouldn't have access to a beautiful, you know, self-contained swing set -- playing in a self-contained swing set. And when I compare those projects to projects that were built in the '60s and '70s, like Smathers, for example, which is a public housing project, you can't compare the two projects. I mean, one of them looks like an insane asylum. The other one looks like a building that should be on Brickell. And so for me -- I understand where you're coming from, andl think you aspirational goals are true and good. Andl think that's why, you know, I sat with the Planning Department and started focusing on -- I got the message, which was we need to focus also on workforce and medium -income housing, and we're trying to do a project like that with everyone's support that hopefully we'll be able to introduce soon. Andl think you're right; we need to bring in wealth into certain areas so that it can support commercial -- big -box commercial industries in that area and it completely uplifts the area, andl would just argue that they're not mutually exclusive. You can still do both at the same time. And to support these kinds of projects, which is what the state of Florida has -- you are tremendously benefiting people who wouldn't otherwise be able to afford to live in the way that they do in these buildings. And you can see -- you can ask any of the people who own any of these buildings that their occupancy rate is like 99 percent and their waiting lists are tremendously long. And it's one of the calls that we receive the most of. I mean, we're constantly being pushed to do more for affordable housing because our family members and members of this community just can't afford to pay what they're paying right now. Commissioner Sarnoff.. Can I just respond? Chair Gort: Sure. Commissioner Sarnoff.. Two responses to that. I think if you look carefully at your ordinance that you prepared, I think once you take away the wrap around of the garage and you just put screening on there, I think that is exactly what Brickell has. Brickell has this livability, this screening -- I use the word screening and that's what yours uses, just screening, but it completely shields the parking pedestal, and you take that away and you allow just for screens City ofMiami Page 105 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 to be put up there, and I've seen what the screen looks like, and that completely takes it away from this modernistic Brickell-looking building wherever you might put it. The second response I'd say to you is most of these will be built in DI (District 1) and D2 (District 2) simply because that's where the land exists. Most of the DI and D2 probably exists most likely District 2 and secondarily District 5. As we absorb all of our DI and D2 land, which -- let's call it what it is, industrial, where are the jobs? Where are these places going to be left for industrial uses for any kind of jobs that we come up with? You know, I still kind of marvel at the way things happen in Miami, you know. I suspect most of you started out, you had a paper route and then you got a bicycle and then you got a car and then you got your job and next thing, you got your home. In the City ofMiami, the first thing you do is you get an affordable house; then only if you need to do you get a job. I just think we kind of have it backwards. Commissioner Dunn: Mr. Chair. Chair Gort: I don't know. I had my paper route and -- Commissioner Sarnoff.. You still have it? Chair Gort: -- I sold papers. Yes, Commissioner Dunn. Commissioner Dunn: Certainly, I -- you know, this is a tremendously engaging debate and there are a lot of philosophies. And I know -- to both of my colleagues, Commissioner Suarez as well as Commissioner Sarnoff -- this has been one of your positions even prior to my coming up here in terms of affordable housing versus economic development. I remember that question you posed some 15 months ago when I was sitting out there. You remember that. And it's kind of does -the -chicken -come -before -the -egg issue, andl guess it depends on how you look at it, what vantage point you're looking at it, what lenses you're looking at it from. I will say this much in District 5. This was during the days of Mayor Regalado when he was a Commissioner. The former Commissioner, the late Arthur E. Teele, Jr. There was a absentee landlord on -- I can't remember the guy's name. It's probably goodl don't remember -- who had a plethora of monstrous, ugly apartment buildings on 60th Street, around -- I guess between 15th Avenue to 13th Avenue. You remember that, don't you? I remember -- well, I remember the guy's name, andl -- maybe I shouldn't do that. Martinez was his last name, and I'll leave that alone. And he had a whole lot. I mean, it was just horrific. And the late Commissioner Arthur Teele championed to get those buildings knocked down. You remember that? I'm sure you remember that, Mr. Mayor. And many people were displaced because the community pretty much said in unison we want to rid ourselves of this blight and povish -- impoverished type of construction, which lend -- or loaned itself to drug havens. People would -- it was conducive for criminal activity. It was almost like a New Jack City type of atmosphere. You were here too, Commissioner Gort. You remember that, I'm sure. And then just to the northwest of that area, just slightly out of City limits, you had the James E. Scott housing projects. Hope 6, if you will. Similar kind of thing, but James E. Scott was a little bit more better contained than on 60th Street, far much better, but it was time for a makeover, if you will. I wish that we could have a tour just to see what they're doing. Have any of you seen what they're doing right now? You've seen it? You see -- on 22ndAvenue -- it's outside of the city limits. And we have yet to do anything we were supposed to do, andl want to get back into all of that. But at the time the Model City Trust was supposed to replace a lot of that blight and plight and poverty with quality affordable housing that did not look like your normal concept of housing projects, if you will. This was to give a higher standard. Andl think the -- we have several models now in the City that reflect that. If you did not know that you were in a certain area of town, you would almost swear that you might be on Brickell Avenue. And so I think the challenge is for us is how do we balance that. But certainly, when those buildings were knocked down, it left a void for affordable housing. So you wanted to try -- the challenge is to try to provide quality housing, but also many people who lived in James E. Scott and lived in Orange Heights, in my City ofMiami Page 106 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 area -- unfortunately, the name of the area used to be called Germ City. That's just how bad it was and -- you remember that, don't you? And thanks to T. Willard Fair, he changed the concept and called it by its actual name that's on the plats and it's Orange Heights. And many residents were forced to move all the way down to Homestead, and some of them never -- I don't -- if I'm not mistaken, some of them never came back. And so it is a need. And so how do we balance those two? I would venture to say that affordable housing -- it probably needs to be done simultaneously. It's just like what we're broaching the idea now with Overtown in the CRA with the school. And you know, one of the things I didn't get a chance to say the other day, which has been said by representatives from the School Board, when people look at a neighborhood, they look at housing, they look at schools, and you're right, they look at businesses, but they sort of all go hand-to-hand. And if -- I got a prime example. If you look at Broward County, if you look at Miramar, which is the fastest growing metropolis areas -- metropolitan areas in the country, you look at Pembroke Pines -- if -- andl can remember it vividly -- they built the housing first, then came the schools, then came the strip malls and the economic. So I agree; you need a job so I'm not disputing that. But there's a criteria now that says you have to show that you have employment, but it's at an affordable level. So I think what we need to do is try to find a balance. But I can say this for District 5, the need is still great. And I'm all for improving the area because many people will not move. You got -- you have African Americans who are saying it's no way that I'm going to move back in Liberty City because there's nowhere decent for me to live, so that's the challenge. And Overtown and we can go on and so forth. Chair Gort: There's a difference between public housing and affordable housing, andl have them both in my districts [sic]. And the difference is affordable housing, they're very strict, they have rules that you have to follow, and if you don't follow those rules, you're out. Unfortunately, public housing you don't have that. So that's the difference between that. And one of the bigger example I gave you -- and within my districts [sic] I have vacant lots that have been vacant for 20 years and nothing has taken place, so something needs to be done. Now you look at the affordable housing was built on Northwest 17th Avenue and 26th Street, the combination of the affordable housing, YMCA (YoungMen's Christian Association), child care, gym, and that's a beautiful facility. The whole neighborhood, the businesses, the (UNINTELLIGIBLE) in that area have improved because of the buying power of the people who live there and they consume. So affordable housing not only can afford and give someone that is working and cannot pay -- because let me tell you, they're still charging for two -bedroom about $1, 200, and there's a lot of people that cannot afford. I mean, my understanding is -- and somebody stand [sic] me if I'm incorrect -- the average salary within the City ofMiami, the whole City, I believe it's about $25,000. Commissioner Dunn: Twenty five nine. Chair Gort: Twenty five nine. This is the whole City. Commissioner Dunn: Oh, you talking about (UNINTET,TIGIBT,F). Oh, I'm sorry. Commissioner Sarnoff.. I believe it's 38,000. Chair Gort: Thirty-eight thousand. I can tell you, within my District 1, it probably comes down to about 20,000 and -- I don't have any problem with affordable housing. Andl think we're seeing the mixed -use within affordable housing, especially with the new development. The restrictions and the people have to comply with and they keep it very well. Any further discussion? Commissioner. Vice Chair Carollo: Mr. Chairman, thank you. First of all, thank you that we deferred last Commission meeting for the additional two weeks, andl was able to review a lot of the City ofMiami Page 107 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 substance due to this issue. I'm going to be looking at this from an optimistic point of view because I still have some reservations. First of all, I also do get a lot of calls for affordable housing in my office. However, if the large majority of those calls, I let them know that the affordable housing will be 60 percent ofAMI, they're still priced out. They can't afford it. So I guess what I'm saying, I don't know if this ordinance would necessarily bring in additional affordable housing. And even if possibly it would, would it actually remedy the problem that I have in my district, which I don't think it would. I looked at the parking issue. Although I would agree that there needs to be some incentive with regards to the parking, I don't know if these percentages are the adequate ones or exact. However, with that said, I am looking at it from an optimistic point of view. I'm willing to go along and support it. I know the hard work that you've done, Commissioner Suarez. But at the same time, I would like to possibly -- andl don't know ifI need to do it in the form of an amendment. I'm just going to, you know, throw out there what I'm thinking. Possibly after the first or second building that has been built with these requirements, a year after that building's been built and then two years after that building's been built and then three years after that building's been built, if someone from the Planning Department can come back to this Commission to give us some type of report as far as how's it, you know, coming along, whether it's working or not. Just in case there are issues, we can, you know, address it right away so we don't cause another problem with regards to parking and so forth. So I don't know if to make that as part of an amendment or how to, but -- and, you know, we could definitely ask the City Attorney and the City Clerk. But I think that will give me a lot more comfort where by trying to fix a problem, we don't create another problem. And if it's not exactly what we need, then maybe, you know, we're within time to fix the problem right then and there and, you know, before it becomes something that -- you know, it's a domino effect. Commissioner Suarez: Yeah, no. I'm open to that suggestion, andl think that makes absolute perfect sense. I appreciate the fact that you took the time in that two -week period to do more due diligence on the legislation and -- so I think that's absolutely correct. And I think what we wanted to do was continue to monitor the impact of the legislation. I think -- you know, I think it's a complicated -- to a certain extent, complicated piece of legislation because it involves a lot of moving parts and -- for example, there is a presumption that the building -- a building that is -- will be built with -- 80 percent of the building will be 60 percentAMl. That's not necessarily the case. That just means that that's the ceiling. In other words, you have to build at least 80 percent of the building 60 percentAMl. You can build 100 percent of the building 30 percentAMl, which is where I think you're -- what you're talking about in terms of the people who would really qualify under -- Vice Chair Carollo: Exactly. Commissioner Suarez: -- that live in District 3. Vice Chair Carollo: And actually call my office and call my your office and so forth. Commissioner Suarez: Exactly. You can build a building 100 percent, 30 percent AMI. You can build it, you know, elderly affordable housing, et cetera. So you know, there are things that will address the specific needs in our district. I think this is just to make sure that we don't have a situation where people are not building affordable housing and taking advantage of the bonuses, and so I think that's why we wanted to have some of those protections in place. And then maybe look at mixed -income housing, which is like between 60 and 120 percent, a little bit differently, and maybe try to do something that's a little different and more comprehensive in that sense. But I understand that this is very complicated. I very much appreciate your due diligence and support and your trust in this legislative piece. We have worked very hard on it. We've reached out to the neighborhood groups, Miami Neighborhood [sic] United and our City ofMiami Page 108 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 homeowners associations. We've collaborated. We've bent. We've -- you know, this has not been drafted by one person. This has been drafted by everybody. And this is not something that's going to benefit one district. This is something that should be beneficial to everyone. And that's why I'm proud of it andl think it will address a very critical need in our City. Andl hope and pray that in a year or two years and three years that we're talking about all the different successful projects that have been built and that have taken advantage of this legislation. Chair Gort: Okay, this is a public hearings [sic] open to the public. Anyone would like to discuss it? PZ.1. Grace Solares: Grace Solares, Miami Neighborhoods United. Chair Gort: Excuse me. Before I start, my understanding is, in this one we're going to make a decision, so you're going to have to swear people in. Ms. Thompson: That's what I was trying to make sure with the -- Ms. Bru: This is a legislative act. Nobody is testifying for purposes of preparing a record for an appeal. Chair Gort: All right. Ms. Solares: Grace Solares, Miami Neighborhoods United. Yes, indeed. We sat down with Commissioner Suarez. He invited us several times, and we thank you for that. That was not the norm before. However, I do think -- Commissioner Carollo, right now for the amendment he just made, which I would ask, Commissioner Suarez, that you adopt it, that it come back to you one year, two years, three years with respect to the parking -- Commissioner Suarez: I accept that. Ms. Solares: -- because you know full well that -- Commissioner Suarez: I accept it. Ms. Solares: -- Miami Neighborhoods United's concern with regards to the reductions of the parking was very great and that it was at the beginning 65 percent. And you, working with the developers, came back to 35 percent, although you have the ability to come back however with a warrant, which means we will know, and we'll be here. It will not be an automatic thing. But Commissioner Carollo, I really thank you for this amendment, andl ask you please to adopt it. Commissioner Suarez: I do. Ms. Solares: Thank you, Commissioner. Chair Gort: Thank you. Next. Vice Chair Carollo: And -- I'm sorry. Give me one second, Mr. Cruz. And l just want to make certain. Once a building is built with these requirements, then a year after, you come before this Commission, explain, you know, what's going on, is it working or not; then two years after that building has been built, then you come back to this Commission and, once again, give us an update; and then three years after that building has been built, you come once again back to this Commission and give us an update just to make sure if we need to tweak our ordinance or not to make sure that we're not causing a bigger problem or that we actually, you know, did City ofMiami Page 109 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 something the correct way and solve it or we may just have to tweak it, so -- Commissioner Suarez: Andl completely agree. I remember mentioning in the last meeting that the transit -oriented development part of the ordinance, which we self -regulated down from 65 to 50, was something that really doesn't have precedent. So, you know, I think it's absolutely prudent to do exactly what you're saying; is come back here after a year, after a second year, and after a third year, if necessary, to tweak and make changes. Absolutely, absolutely. Chair Gort: Thank you. Yes, sir. Elvis Cruz: Thank you, gentlemen. Elvis Cruz, 631 Northeast 57th Street. Also, Commissioner, add my voice to those thanking you for allowingMNU (Miami Neighborhoods United) to participate on this. One of the issues specifically towards parking that came up was of course spillover parking. Since those meetings -- and I'm sure you remember that showed you photographs of a number of buildings, one in particular that had a lot of spillover parking. I spoke to some of the residents of that building. Why would they not park in the parking garage if there were vacancies? It turns out that that building will allow you to have one parking space but then charges for additional parking spaces. This is a problem that is not simply endemic to affordable housing. This happens throughout the City in any sort of residential high-rise structure. The result of course being that instead of having to pay extra for another space, they park in the neighborhood. I would strongly urge you to amend this to require all the parking spaces in that garage to be free to the residents. How they would decide which resident gets the secondary parking space, maybe by lottery, whatever, but the idea that they're charging for those extra spaces is only hurting your constituents in the neighborhoods behind the buildings. Thank you. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Thank you. Yes. Commissioner Suarez: I just want to address that 'cause I think there's two important points that he made there, one of which was there had been a representation in the last Commission meeting that there is no charge for the parking spaces, so I think a representative of the owner of that building is here and can address that. The second issue is -- andl think we talked -- I've talked about it very briefly before is -- my understanding of that buiding is that it abuts a single-family residential neighborhood. Mr. Cruz: It's duplex, I believe. Mostly duplexes. Commissioner Suarez: So what's the T zone on that? Mr. Cruz: I think now it may be T4? T3? Yeah. Whatever the zone is, it's mostly duplexes behind it. Commissioner Suarez: But it's important because if it's a T3 zone, it's not eligible. If a building abuts a T3 zone -- and that's again, sometimes this gets confusing and it's -- it has -- got a lot of moving parts. But it says here an affordable housing development that abuts a T3 zone are not eligible for the provisions in this section. And if they abut a T4 zone, they shall require a warrant for consideration -- Mr. Cruz: Right. Commissioner Suarez: -- so -- but that was also put in at the suggestion of -- City ofMiami Page 110 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Mr. Cruz: Right. Commissioner Suarez: -- I think both of you and I think it was a very prudent suggestion -- Mr. Cruz: Yes. Commissioner Suarez: -- that that protects -- Mr. Cruz: I thank you for accepting it. Commissioner Suarez: -- the neighborhoods to make sure that a building with parking restrictions is not going to be built or may not be built next to potentially a single-family residence because we've seen the impact of that -- Mr. Cruz: Sure. Commissioner Suarez: -- you know, historically. Mr. Cruz: Thank you. Yes. Very good point, Commissioner. This particular building was built before Miami 21. But having said that, regardless of whether the neighborhood behind it is single family, duplex, or even multifamily apartments, they still -- any building likes to have whatever parking is available on its streets available for the abutting residents and by charging for parking -- and again, that information came from people who live in the building, so there you have it. Thank you. Chair Gort: Thank you, Mr. Cruz. Yes, ma'am. Eileen Bottari: Eileen Bottari, 505 Northeast 76th Street. Commissioner Suarez, I'm sure you remember me. I was the first one to speak out at the MNU meeting about the parking issue. And I'm going to state right now that don't believe that 35 percent is enough of a reduction. I think something like 20 percent would be a lot better. If you're building an affordable housing unit that's going to be hundred units, that means 35 cars are going to be out on the street. I've seen it, just like Elvis said, the spillover, andl'm very concerned about it. Second of all, Commissioner Sarnoff, what you said about warehousing the poor, even though it doesn't sound very nice, it's absolutely true. Commissioner Dunn, you have two high-rises on 79th Street and Northeast 2ndAvenue that were built over the last couple of years. And since those buildings have been opened, the crime in my neighborhood has increased unbelievable. We have had gunfire every weekend, so where is that coming from. All of these people have moved into the neighborhood -- andl'm not saying that every person that has moved into those buildings is responsible for the crime, but there is an element there. When you create high density in poor neighborhoods, this is the outcome. These buildings are 20 stories tall. This is a single-family home neighborhood that was built. Not only that, but when they were built, they were built with the reduction in the parking. So now all these cars are parked out on the street, and you what the City did. Mr. Noriega came in and he put parking meters all around, so you have poor people that this affordable housing is for having to park out on the street and the City put parking meters in so now they have to pay for parking out on the street. Not only did you put them in front of the affordable housing, but you also put them in front of the public library, which is right next door. Commissioner Dunn: May I just --? Chair Gort: Thank you, ma'am. Commissioner Dunn: --friendly -- no. I wanted to just -- City ofMiami Page 111 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Chair Gort: Yes. Commissioner Dunn: --friendly respond. I don't know if we could say for sure that all of the crime is directly related. I don't know. I can't dispute you. Ms. Bottari: I don't know either, but -- Commissioner Dunn: Okay. But I just wanted to -- Ms. Bottari: -- I can just tell you that since they opened, we have had an increase in crime. Commissioner Dunn: Yeah, but -- now that area was tough anyway, historically speaking. I do know of one case where it was a lover's quarrel type of thing. Now that could happen anywhere. But I don't -- we'll check it out. I mean, you might very well -- but I don't want it to go on record without at least acknowledging that I don't know. Ms. Bottari: Okay. Commissioner Dunn: If you're right, guess what? You're right, and I won't dispute it. But I do know the area has always been a tough area, regardless. Ms. Bottari: Are you aware that they put the parking meters in? Commissioner Dunn: I'm not aware of that. Ms. Bottari: Okay. Well, I find that to be an issue. If we're going to support the poor and the affordable -- Commissioner Dunn: Agree. Ms. Bottari: -- why would you put parking meters in? Commissioner Dunn: I agree, I agree. You're so right. Ms. Bottari: Those parking meters need to be taken out not only in front of the affordable housing -- Commissioner Dunn: I agree. Ms. Bottari: -- but also in front of the public library. Commissioner Dunn: I agree. Ms. Bottari: I do tutoring there and I think it is outrageous that I have to pay to park to go into a public library. Commissioner Dunn: I agree. Ms. Bottari: Thank you. Chair Gort: Thank you, ma'am. Anyone else? Peter Ehrlich: Thank you very much, Mr. Chairman, Commissioners. I would also add -- like City ofMiami Page 112 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 to add a few comments. I'd like to thank Commissioner Suarez very, very much as the sponsor of the item a few weeks after the first reading. Chair Gort: And you are? Mr. Ehrlich: Sorry, Mr. Chairman. Peter Ehrlich. My address is 770 Northeast 69th Street. My comments are that we -- a group of us from Little River and Lemon City came to see Commissioner Suarez. He was very open-minded and took notes and listened to all our suggestions and it was very, very refreshing and beneficial. I would like to make a few comments on Commissioner Sarnoffs comments as it relates to warehousing the poor and the categories of the residents that will be in these projects and the economics. I'm very familiar in the Upper East Side, where I live, and the condos are now selling for 50, 60, $70, 000 a piece. When you look at the affordable housing projects and you analyze them based on the cost -- the acquisition cost of the land and the construction cost for the units, they're not affordable to the taxpayers. The taxpayers are 275,000 to $300, 000 per unit, and this is in an environment throughout the City. Any buyer with cash or with ability to get financing can buy a condo for 50, 60 70, $80, 000. You can buy condos for $100, 000 on Brickell Avenue. But affordable housing projects, which are strongly advocated by the affordable housing community and the land -use attorneys for the affordable housing developers, they are costing the taxpayers up to $300, 000 per unit so they're very, very, very, very costly in an environment where it's possible to buy a very nice, well -located condos for $50, 000. So thank you all very much for the discussion. Chair Gort: Thank you. Next. Nathan Kurland: Good afternoon. Nathan Kurland 3132 Day Avenue. I would like again to also thank Commissioner Carollo for his amendment to Commissioner Suarez proposal for affordable housing. I would just like to ask for extreme specificity in that amendment because if we wait for one, two, three years down the line before we take a look and review what the first building is doing, there could be several buildings throughout the permitting and construction process by the time we realize that we didn't go the right route. It might be more than just liveaking'that is necessary. So I would like to see and request that that specific language regarding the review of the project that you build be absolutely specific. Thank you. Chair Gort: Thank you. Anyone else? Close the public hearing. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Mr. Kurland, could you elaborate as far as specific? And the reason why I said a year after it's built is because until it's built, we really don't know, you know, what affects it could have. That's why I said one year after it's built, we could start seeing what are the affects. I understand within that time frame, you know, maybe some other units, you know, applied for permits and so forth, but it's not like everyone's knocking down the door to build affordable housing, so I think there is that window. But unless it's built and then we check it -- you know, we give at least a year to see -- you know, for an update, see how it's going, you know. So when you say a specific, could you elaborate a little bit more? Commissioner Suarez: No. I was going to say is maybe we can start the analysis a little sooner, andl think that may be what you're worried about. Maybe we can do it six months after the building opens so that we're -- we know if there's a problem, if there's an immediate problem and there needs to be an immediate solution, maybe we could start at six months or three months. That doesn't -- I mean -- City ofMiami Page 113 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Mr. Kurland: I agree. Commissioner Sarnoff has voiced some very, very valid concerns. Mr. Ehrlich voiced some very, very valid concerns. IfI were -- think back to the building boom back in two, three and four -- one, two, three, and four -- by the time many of us realized what was happening in terms of the demand upon our natural resources and water and solid waste and sanitation, it was almost as if there was a runaway train because three years down the line was just too late because during that three years, all of those permits and all of those cranes and all of that construction was in the process. And so the comment by Commissioner Carollo and you, Commissioner Suarez, to ifveak, 'ft's too late to tweak three years down. So that what I'm asking for -- yes, you're exactly correct -- is a very specific as -we -go -along review of what exactly it is that we're doing. Commissioner Suarez: I have no problem mod4ing and doing the review process earlier and continuing it. In other words, we can still -- we can do the first review after three months, second review after six months, a year, and so on and so forth, you know. Mr. Kurland: I think that would add more protection for all of us. Commissioner Suarez: Sure. Mr. Kurland: And address -- Commissioner Suarez: Yes. Mr. Kurland: -- Commissioner Sarnoffs concerns as well. Commissioner Suarez: That's reasonable. Mr. Kurland: Thank you. Chair Gort: Thank you. Okay. Vice Chair Carollo: And Mr. Chairman, I just want to verify. You want a first review after three months the building has been built, the second review after six months the building has been built, then the year? Unidentified Speaker: Two. Vice Chair Carollo: Then two and then three. Okay, yeah. Andl accept. Mr. Garcia: IfI may? Chair Gort: Any further discussion? Vice Chair Carollo: As amended. Mr. Garcia: I would like to suggest perhaps using a slightly different benchmark in measuring the time frames from the issuance of the certificate of occupancy as opposed to the actual building permit since -- or when it is actually built so that we allow the building to first be occupied and then measure the performance of the building over time after that happens. Commissioner Suarez: Yes. Chair Gort: So there's an amendment. Would you read it? City ofMiami Page 114 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Thompson: Your roll call. Chair Gort: And you incorporate an amendment. Commissioner Suarez: Yes. Vice Chair Carollo: As amended. Chair Gort: As amended. Ms. Mendez: As amended. Chair Gort: Okay. Ms. Thompson: This is your roll call, second reading, as modified on PZ.1. Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff.. No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Commissioner -- I'm sorry. Chair Gort? Chair Gort: Yes. Ms. Thompson: The ordinance has been passed on first -- passed on second reading -- I'm sorry -- adopted on seconding, as modified, 4-1. Chair Gort: Commissioner Suarez. Commissioner Suarez: I just want to thank all my colleagues for the diligence that they put into it. I even want to thank Commissioner Sarnoff for voting no because I know that he did it for the -- what he thought were the right reasons. Andl think the beauty of the Commission that we have here is that we believe in each other. We understand that we're all acting in good faith in trying to do what's best for this community. And you know, really appreciate the Vice Chairman's extra due diligence and extra comments and the community's because I think it made it a better ordinance, so I want to thank you for coming and participating and being part of this process. And we welcome you to continue to do that on any other legislation that we proffer. Thank you. City ofMiami Page 115 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Dunn: Mr. Chairman. Chair Gort: Thank you. Yes. Commissioner Dunn: IfI may just add to that. I do want to verify what my colleague, Commissioner Sarnoff, said regarding the Mayor ofMiami Gardens. It is a true and correct statement, so I have heard her say that. So I just wanted to say -- and you're right. It's just like in family, you know. Some things a family member could say about another family member, but if you're outside that family and you make that statement, you'll be in a world of trouble. So I just wanted to say that on the record. But no, you stated your convictions, so I respect that. Commissioner Sarnoff. You know, I come from a unique background. Most of you are from Miami for most of your lives. I was born and raised in Brooklyn and the Bronx. I lived amongst and in the projects. I know what they're like. Commissioner Suarez: And I've read all the books on them too, and tenement housing is, you know, horrible; and it created, you know, like an urban wasteland for people who -- and I've seen those projects. I've seen pictures of them. Andl could tell you that what I've seen is nothing similar to those projects and -- but I can understand the concern, having grown up and seeing that your whole life. Chair Gort: Yeah. I went to school in New York, so I'm aware of it. But at the same time, that's why I brought up the idea, the difference between public housing and affordable housing. There is a difference. Public housing, unfortunate there's no rules, there's no regulations, and no one -- there are, but no one enforces. In affordable housing, there is rules and people have to comply with it. And if they don't, they're out. Okay, PZ.2. Mr. Garcia: I also wanted to make a brief statement to the Commission for your greater sense of comfort that we don't, by any stretch, consider the matter on affordable housing closed. We understand that with this amendment, we've only addressed one segment of the population, and there are other amendments that are necessary and we will continue to pursue those legislative efforts as well with your consultation and cooperation, of course. PZ.2 ORDINANCE Second Reading 10-00289zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO REPLACE THROUGHOUT THE MIAMI 21 CODE, THE TERM "BY RIGHT" WITH THE TERM "PERMITTED", WHERE APPLICABLE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00289zt CC SR 05-12-11 Fact Sheet.pdf 10-00289zt PAB Reso - REVISED.pdf 10-00289zt CC Legislation (Version 5).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission City ofMiami Page 116 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 on March 17, 2010 by a vote of 5-3, to replace the term "By Right" with "Allowable". PURPOSE: This will replace, throughout the Miami 21 Code, the term "by right" with "permitted", where applicable. DISCUSSED Francisco Garcia (Director, Planning): Commissioners, items PZ. 2 through PZ.8 are all part of an initiative originally sponsored by the Miami Neighborhood [sic] United -- Priscilla A. Thompson (City Clerk): Excuse me, Chair, andl do -- I apologize for interrupting, but -- Chair Gort: PZ.2 is second reading. Ms. Thompson: I'm sorry? Chair Gort: PZ.2 is second reading. Ms. Thompson: No, no. I just wanted to make sure our record is clear. At the morning session -- because we had not entered into the PZ (Planning & Zoning) items yet, there -- the statement was made that PZ.4 would be continued at the PZ zoning portion, so I want to make sure that the record shows if you're going to take a vote now to withdraw it so that the discussion will not include PZ.4. Chair Gort: Right. Mr. Garcia: Yes, I believe that that matter still needs to be addressed because you are correct; this morning, since it was prior to 2 p.m., we were not able to address that. IfI may complete my introductory statement, then perhaps we can address that issue? So anyway, by way of introduction, what I'd like to say is that these amendments to the -- proposed amendments to the Miami 21 zoning ordinance are all grouped together because they are part of an initiative set forth originally by Miami Neighborhoods United and they have been deferred a couple of times. And in working with them, we certainly agree with Miami Neighborhoods United and other groups like them that there is a need to reassess some components ofMiami 21 and to address it in particular as pertains to low -density residential neighborhood protection. Having said that and, again, having met with them a number of times, we have, I think, come to an agreement that the amendments, as written presently, are not perhaps optimized or idealized and could benefit from a serious of revisions. So what would suggest to you, and have discussed with them, is the possibility of actually having them -- all of these items before you for consideration today. I have also discussed with them the possibility, if it suits you, to have them all discussed as one single presentation that they will make to you to represent their concerns as captioned in these items and that -- and our recommendation as staff to you is that no action be taken on these items today, but that they all be considered simply for feedback and input, and then we will go back to committee and work on them further. [Later...] Mr. Garcia: And having said that, I will yield then to you, Commissioners, of course, and to anyone else who wants speak on these items. I believe thatMNU (Miami Neighborhoods United) has a presentation they want to make to you. Chair Gort: Well, let me ask you a question. I don't know if everybody's here aware of what's in front of us and maybe you should read all of them, then we'll go ahead and discuss it. City ofMiami Page 117 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Mr. Garcia: I'm happy to do so, sir. Chair Gort: Please. Thank you. Mr. Garcia: Once again, there are six items and I'll read them quickly. Item PZ.2 is an amendment to zoning ordinance Miami 21 and it seeks to replace the term "by right" with a term 'Permitted" Item -- as pertains to uses in the City ofMiami. Item PZ.3 is also an amendment to Miami 21. They will all be, so I will stop saying that. But this amendment in particular is to modify the measurement of stories in zoning designations T4, T5 and T6-8. Item PZ.4 is an amendment that would result in the reduction of the expiration date of special permits and variances citywide. Item PZ.5 is an amendment that proposes to amend Article 7 as pertains to appeals of waiver to City Commission -- providing for an appeals of waiver in the City ofMiami to the City Commission. Item PZ.6 would add a -- the possibility of appealing building permits in T5 and T6. Item PZ.7 would limit the second story lot coverage in T3-O or duplex zoning -from 50 percent to 30 percent it would reduce it. And item PZ.8, the last one of them, is a proposal to modify the zoning regulations in CI to provide that it revert as a result of a rezoning to the most restrictive abutting zoning designation as opposed to the second most restrictive abutting zoning designation. All of these would have citywide affect as proposed presently. Chair Gort: Thank you. It's a public hearings [sic]. Yes, ma'am. Nancy Liebman: For the record, my name is Nancy Liebman. I am here today representing the MiMo (Miami Modern) Biscayne Association. We are the -- you don't have a quorum, so I don't Chair Gort: Yes, we do. You don't need a quorum. Commissioner Sarnoff. You have the most intelligent Commissioners. Elvis Cruz: We need her address, Chairman. Ms. Liebman: The address of the association which I'm representing is 7100 Biscayne Boulevard. The Association is here today to, first of all, support the Planning Department's request to defer these amendments until some of the language has been clarified and straightened out. I would like to express our concerns and why we are opposed to several of these amendments. We would like the historic commercial district, the MiMo historic district, which is 50th to 77th Street on Biscayne Boulevard, to be carved out of two of these amendments, file number 10-00380 and file number 10-0379, for the following reasons. Existing historic buildings should not be limited to artificial floor heights as required by that amendment modifying story heights in T5 and T6. This historic district is made up mostly of those two transects. The result of these amendments may render new historic infill buildings in the historic district unable to adhere to the historic district guidelines that had been approved by this Commission. There are guidelines for that area because they are in a historic district. It would also preclude them from the Secretary of Interior's guidelines for new additions in historic districts. The Secretary of the Interior standards are some -- is the organization that looks at historic districts and gives tax credits to people in those districts, so by amending and allowing these stories to adhere to some artificial requirement as written into this ordinance will preclude possible credits and it precludes your own guidelines for that MiMo district. Number two, the amendment that modifies the measurement of stories should also be carved out of the historic commercial district because it is a contrived story height, contrived with no professional input that we can recognize, and it will create an adverse effect on the ability for people to add to their historic buildings, and it will render great a problem to improve the City ofMiami Page 118 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 historic streetscape pattern. Historic districts are different than other areas of the City and they should be treated differently. There are compatibility issues that will be wiped out with this contrived story height. I think it's time for the City Commission to recognize that it should not allow tampering by way of these contrived amendments and leave it to well -qualified professional historic preservation experts, and you certainly have a staff of two so far in the City; to leave it to them to develop the proper kinds of amendments that will affect the historic district. As you know, we have been saddled by the last Commission with -- at 35-foot height limit. That is a totally regressive way of treating a historic district, to have one flat line, and now there is this urge to sell off all the property rights. This will not do anything for this historic district and other commercial historic districts that will come along because I believe that the 35 feet will be attached to all of the historic. It is contrived -- Chair Gort: You need to conclude. Ms. Liebman: -- and it is tampered with historic regulations. I appreciate the time to talk to you about this because I know that you will probably defer the item, and we would like to have input with the Planning Department as these issues go forward. But I wanted to put it on the record today since you are discussing it. And -- Chair Gort: Thank you. Ms. Liebman: -- thank you for your time. Chair Gort: Thank you. Mr. Cruz. Mr. Cruz. Thank you, Mr. Chairman. Elvis Cruz, home address 631 Northeast 57 Street. Gentlemen, thank you for the opportunity. As you know, Miami 21 began about six year ago. MNU was very heavily involved with the whole process. We came up with about 33 amendments to a five pound document. We narrowed those down to about seven. We finally got before the Commission 13 months ago. They were continued. We've been waiting patiently or for a long time. It's been disappointing to say the least. Nevertheless, we're very glad we're finally here before you again. We did meet with Francisco recently and I'm happy to say that the Planning director agrees with MNU's purpose and philosophy of neighborhood protection. He had some very good ideas on how we can make that happen. He suggested a number of modifications and a number of them do seem very good to us as well, so we are in agreement to postpone final judgment on these amendments, pending a little more tweaking, modification. Nevertheless, he urged that we do make some presentations today so you understand where we're coming from; won't be too long. I'm not going to speak to all of the items. I did want to mention, by the way, regarding the building heights -- excuse me, the floor heights and the 35-foot height limit. On several occasions I have told the MiMo people that I'd be very happy to show them exactly where that came from and make a presentation. They have never agreed or -- agreed to have me make that presentation. If I'm wrong, I'm happy to make that request again. Let me know any time -- Chair Gort: Mr. Cruz. Mr. Cruz: -- any place; be happy -- Chair Gort: You're addressing -- Mr. Cruz: -- to show you. Chair Gort: -- us, please. City ofMiami Page 119 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Mr. Cruz: No problem, sir. Okay. Anyway, so let me go ahead and get started very briefly on a few of the items. One of them is, as you can see on your monitors, regarding by rights and we have asked that "by right" be changed. Instead of the word 'Permitted" -- "by right" and `permitted" both convey a false sense of entitlements to the general public who reads the zoning code. As you know, from Miami 21 the code is a set of maximum limitations and minimum requirements, so really nothing is by right even though they use that term. We request the term "allowable" or "may be allowed" instead of `permitted. " Permitted implies that a permit has already been granted, past tense. And here's the definition of allowable: that may be allowed. And here it is, as I mentioned, permitted falsely implies permission is already granted. So we feel `permissible" or "may be permitted" would be more appropriate. "Permissible" that which can be permitted. Remember, we're all here to serve the public, and the public doesn't really speak legalese. They speak plain English. I've had this slide here because one of the issues we've had with procedures in Miami 21 is that of notice and notice has been a big issue. Sadly, starting in about January, the City started sending out an e-mail (electronic) -- and if you can look at the column toward the right -- every day at 4: 30 a computer in the City ofMiami automatically sends an e-mail to those on the list notifying us of a final decision of special permits. Whether it's Saturday or Sunday, every day they send an e-mail, and it's always the same e-mail. And here it is saying in compliance with the comp plan, Ordinance 11000 and Miami 21, notice is hereby provided. That's somewhat cynical at best. Simply sending us an e-mail each and every day telling us go look at these ten Web sites because one of them may have an approval that has been granted. Let me go back just so you can see. There it is. Each and every day, you go down the calendar. At 4:30 today -- unless my words have some sort of effect -- an e-mail will be sent again telling us to go look at ten Web sites. Please, gentlemen, have the City send specific notice on a specific project instead ofjust telling us go look at a Web site each and every day. Thank you. Okay, let me go on to the next item. Okay, here we go. Regarding appeals, appeals of projects that were permitted. A system of checks and balances is an essential part of any transpareeny and healthy democracy. Now under 11000 we had a lot of transparency. And 11000 -- here's a very brief excerpt from it -- talks about the magnitude of projects, the substantial effect that they have, and it required consideration and authorization by the City Commission for MUSPs (Major Use Special Permits) so the public had input to our elected officials under 11000 for MUSPs. And with Class II Permits, the same thing, in the sense that we could appeal a Class II Permit. But now under Miami 21 -- here's the flowchart. If you look on the left, they call it by right, and it goes straight down and they get a building permit and the public is shut out of being able to appeal to our elected officials if there is a building that has been permitted that we feel is harmful to the neighborhood. Miami 21 essentially granted a gigantic citywide Class II or MUSP without the possibility of appeal. It appeared that that was an attempt to prevent the public from being able to speak to our elected officials, a right that we had under 11000. For example, you know Miami 21 will now allow an eight -story building next to a single -story single-family home without any possibility of appeal if it's zoned T6-8. And here is an example of where you have that, R-1 right next door to T6-8. This is your district Commissioner Suarez, and I've shown you this before. Those neighbors, like most neighbors in the City, they don't really go down to City Hall. They're not crazy like us at MNU and put in the time. But one day one of them may suddenly find out what, they're going to put up an eight -story building, which currently under Miami 21 could be 123 feet tall next to their house. And this slide is a computer -generated example. One of those buildings already exists. It was duplicated to show you what could conceivably happen with T6-8. Now this building is only seven stories, so it's actually lower than what would be allowed under Miami 21 with T6-8, and that could conceivably happen right in front of a single-family home. So again, please allow us to make the appeals. And that ends that one. I think have one last one, and then I'll be out of your hair. This is regarding the extensions, andl thank you for continuing that to some other time. But it's important to know that there's two separate issues here. The first one was the length of the extensions and the second issue is who decides whether an extension should be allowed. MNU has agreed on a compromise. We say go ahead and keep the extension times as they were in 11000. One of the City ofMiami Page 120 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 objectors from, I believe it was the DDA (Downtown Development Authority), said that it's not fair to change the rules halfway through the game. After they already have their MUSP, it's not really fair for MNU to come along and say we need to change that rule. And we think he has a point. We're open-minded people, and we agree that it's not fair to change the rule during the game. So we say go ahead, fair enough, keep the extensions as they were in 11000, but we should have the City Commission decide whether or not the extension should be granted because under 11000 and under Miami 21, it was the Planning director who unilaterally would decide whether an extension would happen without any objective criteria whatsoever. Again, you need a system of checks and balances. What was to prevent any sort of impropriety, nothing. One of the reasons given for these greater extensions is because of economic conditions, but there's nothing in our zoning code that talks about allowing or not allowing any sort of project because of economic conditions. Besides, what caused our current economic conditions? Was it overdevelopment? Of course it was. Is more development the cure for excessive overdevelopment? Probably not. And if the City starts making allowances for economic conditions, where will it end? So again, let yourselves, our elected officials, decide on whether or not extensions should be granted. I thank you for listening. Chair Gort: Thank you. Next? Grace Solares: Grace Solares, Miami Neighborhoods United. Thank you, Mr. Mayor, for putting these issues on the agenda today. Greatly appreciated. There are other -- about two or three others that are not before you today; one, the one that was withdrawn or actually not heard, not voted on. It'll be back. We'll be discussing that issue with Mr. Garcia. We've already preliminarily discussed it andl think we're going to reach some kind of a consensus on those. Another one that is also have -- we did not bring only because he was instructed -- the Administration was instructed to come up with a T -- new T4 for development on 27th Avenue, so we requested not to have a change on the T6-8 in the area to T4-O because maybe the T4 that he's going to be coming up with will be even better for the strip on Coral Way, so that also we did not bring before you either. But we're here to present to you -- we presented to you the issues that we have issues with. We do recognize that they maybe need some tweaking possibly, and we want to actually sit down with the Planning Department and come back to all of you with a consensus, the people, the Planning Department, the Administration, all together to present it to you. You will make the last decision, but at least we will all come as a unit with the presentations to you. So thank you so very much for taking your time to listen to us. Thank you. Chair Gort: Thank you. Next? Barbara Gimenez: Good afternoon, Commissioners. My name is Barbara Gimenez, andl am proudly one of those MiMo people that Elvis describes. I live in the MiMo District. I work there. I own property on Biscayne Boulevard. I walk to work. I walk back home. I frequent all the businesses. I know all the property owners. Andl would urge this Commission to carve out an exception regarding further restriction of new construction as it pertains to the floors. We have enough to work with as it stands. And it would be a great idea if everything would be deferred, and we would ask that we be made part of the discussion, particularly with those ordinances that impact the MiMo District directly. Thank you. Chair Gort: Thank you. Anyone else? Cesar Garcia -Pons: Good afternoon. Cesar Garcia -Pons, representing the Miami Downtown Development Authority, 200 South Biscayne Boulevard. We'd like to agree with the Planning Department's recommendation to defer the items so we could have some more time to continue to discuss with them the language. As per the proposed amendments, we would like to read into the record the DDA board's strong opposition to three of the items which are in today's City ofMiami Page 121 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 (UNINTELLIGIBLE) PZ.4, PZ.5 and PZ. 6, and that we have been talking to the Planning Department and would like to continue to do so in order to come up with an acceptable resolution. Chair Gort: Thank you. Mr. Garcia -Pons: Thank you. Chair Gort: Anyone else? Anyone else? Okay, we close the public hearing. Commissioners. Discussion? That's it? Commissioner Suarez: Mr. Chairman, I just want to say -- Chair Gort: Yes. Commissioner Suarez: -- I want to thank the Planning Department and the members of Miami Neighborhoods United who have worked in good faith to try to resolve these issues. Andl think one of the things that has been demonstrated by this Commission is that we will listen and we are open to -- we don't feel like we have all the answers. I think it's a collaborative process, and I think we have a very, very good Planning director, and he is someone who I wanted to thank when my issue came up, andl thinkl was so caught up in the heat of the moment thatl failed to acknowledge his participation in the process of being a constructive person and finding solutions and just someone with an incredible amount of knowledge and that people respect him. I think all the communities respect him, so I think it's a credit to our City. Commissioner Sarnoff. Mr. Chairman. Chair Gort: Yes, sir. Commissioner Sarnoff. I think we should -- I also echo the comments of Commissioner Suarez, and I think we should give our Planning director the Zerry Award, which is the new award for the City ofMiami, for a great Planning director. I think you've done a great job, Francisco, andl think you continue to do a great job, so thankyou. Chair Gort: I'll second that motion. Commissioner Sarnoff. We have to come up with a Zerry award, though. Chair Gort: Anyone else? Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman. I just want to thank you, Commissioners, for hearing the arguments that Miami Neighborhoods United had presented to you. I like to say also that the fact that these amendments are in the agenda, and they will come back in the agenda, is because I believe that the City should right the wrong. During the Miami 21 process the neighborhoods association would not heard or nobody pay attention to them, and here we -- in this hall, there are only two elected officials that were here and so it's -- this is a new Commission, so it is important that we listen to the residents. That was actually at least the PR (Public Relations) purpose ofMiami 21, to have a friendly -- a resident friendly code. Andl think that it's important that they have input. It's important that this be heard. Andl agree with all of you; Francisco is working with them, and it would be, I think, a great compromise to come back to this board for this amendment, and hopefully this will be done soon. I know that, you know, we have many, many, many things to do and you have many things on the agenda, but hopefully, it will be soon because it's been too long for the residents to have a voice. So I want to thankyou. Andl would like to ask the Administration to move forward in this City ofMiami Page 122 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 PZ.3 10-00379zt conversation with the residents so we can bring it back. Thank you. Chair Gort: Thankyou. Andl also would like to thank Francisco and the people for being here today. I think it's very important. A communities [sic] involve everyone. A lot of times we make decisions or we come with ideas without knowing what the impact is going to be. Now when we present these ideas to other people and they come up with the different impacts, the causes, I think it's good that we get together and we discuss it because I think we all want the same thing. We want a better Miami. I think we have a beautiful and a great city and this is time to work as a team, and that's what we have here. And that's why I'm so proud to be part of this Commission. I think this is the best Commission the City ofMiami has ever had. So thank you all for being here andl appreciate it. Thankyou. Commissioner Suarez: Mr. Chairman, I just -- Chair Gort: Yes. Commissioner Suarez: -- want to say one thing, andl probably should have said it earlier and, you know, I thought about whether or not I should say it. But I just want to clarify for the record, since something was put up there that had to do with my district, thatMNU requested two atlas changes in my district, andl did my due diligence andl agreed with them and those two atlas changes were granted. And so I just wanted to -- lowering the density on certain corridors. So I just wanted to put that on the record because it gave almost the impression that something was up there in my district that is incoherent with what the neighbors want, and so I just wanted to put that out there because what was requested and what was asked for of District 4 was given. Chair Gort: Thank you. Anyone else? Okay, thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY MEASUREMENT OF STORIES, LIMITING HEIGHT OF STRUCTURES IN CERTAIN TRANSECTS TO A MAXIMUM BUILDING HEIGHT MEASURED IN FEET, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00379zt CC FR 05-12-11 Fact Sheet.pdf 10-00379zt PAB Reso.pdf 10-00379zt CC Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 5-3. PURPOSE: This will amend the Miami 21 Code to modify measurement of City ofMiami Page 123 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 stories in the T4, T5, and T6-8 Transect Zones, limiting the height of structures up to a maximum building height, measured in feet. DISCUSSED PZ.4 ORDINANCE First Reading 10-00391 zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, SECTION 7.1.3.5 ENTITLED "MODIFICATIONS TO APPLICATIONS REQUIRING PUBLIC HEARING" REDUCING THE EXPIRATION DATE OF SPECIAL PERMITS AND VARIANCES APPROVED UNDER A PREVIOUS CODE, AND REQUIRING CITY COMMISSION APPROVAL FOR ANY EXTENSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00391zt CC FR 05-12-11 Fact Sheet.pdf 10-00391zt PAB Reso.pdf 10-00391zt CC Legislation (Version 4).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval with modifications to City Commission on April 7, 2010 by a vote of 8-0, as follows: In the legislation, 4(b) shall be modified to two (2) years for original permit approval with one (1) time extension for twelve (12) months to be given administratively and one (1) time extension for twelve (12) months to be approved by the City Commission following a public hearing. PURPOSE: This will modify the Miami 21 Code by reducing the expiration date of special permits and variances approved under a previous code, and require City Commission approval for any extension. WITHDRAWN Note for the record: Item PZ.4 was withdrawn from the agenda by the Administration. Francisco Garcia (Director, Planning): Now, having said that and to address the matter appropriately brought up by the City Clerk, there was this morning mention of the fact that item PZ.4 in particular should be removed and that no action should be taken. Again, our recommendation is that no action be taken today on all of the items, but in particular I believe it is in order for a motion to be made to withdraw PZ.4 from consideration today. Chair Gort: Doesn't have to be by motion. An announcement by you is sufficient. Priscilla A. Thompson (City Clerk): No. Actually -- andl apologize. City ofMiami Page 124 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Chair Gort: Do you want a motion? Ms. Thompson: And if I'm wrong, I will be corrected. PZ -- if you're saying you're withdrawing PZ.4 and it is on your agenda, okay -- you're withdrawing it. It's not coming back. Is that correct? Because I heard you just say today. So I just want the record to be clear because once we enter the action, I just want to make sure it's correct. So is PZ.4 going away completely or it's just being withdrawn from today? Clarification. Mr. Garcia: So I will say two things. The first thingl will say is that from PZ.2 through PZ.8 our recommendation is that no action be taken on any of these today. However, because there was a desire expressed earlier today that PZ.4 be removed altogether, the effect, I believe -- andl stand to be corrected by the City Attorney. I'll defer to her certainly. But PZ -- there was an express -- an intent expressed earlier today that PZ.4 be withdrawn altogether. And if that's the case, now would be the time to actually withdraw it officially. Otherwise, if no action taken on any of these, the effect be essentially the same. And what we are hoping for in the end what we would recommend is that you give us, staff specific instruction to go back, meet with community, address these issues, and bring back to you at some later time specific items to address these concerns. Chair Gort: Okay. The question in front of us, my understanding is, the City Clerk believes that she needs a motion and we're saying -- the City Attorney says we do not need a motion for withdrawing PZ.4. Victoria Mendez (Assistant City Attorney): In essence, what Mr. Garcia has said is fine. If this is only going to be talked about as a package and discussed and fleshed out and no action is taken, it's effectively the same thing so we could do that, which is fine. Chair Gort: OK, so PZ.4 is withdrawn. We're not at -- okay. Ms. Thompson: Thank you. Chair Gort: Thank you. PZ.5 ORDINANCE 10-00363zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, ENTITLED "PROCEDURES AND NONCONFORMITIES", ADDING A PROCESS FOR APPEALS TO THE CITY COMMISSION FOR WAIVER PERMITS, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00363zt CC FR 05-12-11 Fact Sheet.pdf 10-00363zt PAB Reso.pdf 10-00363zt CC Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): City ofMiami Page 125 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will add to the Miami 21 Code a process for appeals to the City Commission for Waiver permits. DISCUSSED PZ.6 ORDINANCE First Reading 10-00380zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, ENTITLED "PROCEDURES AND NONCONFORMITIES", ADDING A PROCESS FOR BUILDING PERMIT APPEALS IN CERTAIN TRANSECTS, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00380zt CC FR 05-12-11 Fact Sheet.pdf 10-00380zt PAB Reso.pdf 10-00380zt CC Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 6-2. PURPOSE: This will amend the Miami 21 Code to add a process for appeals of building permits to the City Commission in the T5 and T6 Transect Zones. DISCUSSED PZ.7 ORDINANCE First Reading 10-00377zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE IV, TABLE 2 ENTITLED "MIAMI 21 SUMMARY" AND ARTICLE V, SECTION 5.3 ENTITLED "SUB -URBAN TRANSECT ZONES (T3)" LIMITING SECOND STORY LOT COVERAGE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00377zt CC FR 05-12-11 Fact Sheet.pdf 10-00377zt PAB Reso.pdf 10-00377zt CC Legislation (Version 3).pdf LOCATION: Citywide City ofMiami Page 126 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will amend the Miami 21 Code to limit second story lot coverage in T3 Transect to include a 30% second story lot coverage maximum for the T3-O category. DISCUSSED PZ.8 ORDINANCE First Reading 10-00376zt M.1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE V, SECTION 5.7.2.6, ENTITLED "CIVIC INSTITUTION ZONES (CI)", AND ARTICLE VII, SECTION 7.1.2.8 ENTITLED "AMENDMENT TO THE MIAMI 21 CODE", MODIFYING THE REZONING REGULATIONS FOR CIVIC INSTITUTION (CI) PROPERTIES, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00376zt CC FR 05-12-11 Fact Sheet.pdf 10-00376zt PAB Reso.pdf 10-00376zt CC Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will amend the Miami 21 Code to modify the rezoning regulations for Civic Institution (CI) properties. DISCUSSED END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO ORDINANCE First Reading City ofMiami Page 127 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 11-00245 D1.1 11-00406 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 Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT DISCUSSION ITEM IT IS RECOMMENDED THAT THE ADMINISTRATION REVIEW THE POSSIBILITY OF ANNEXING THE MELROSE AREA. THIS AREA IS BEING DEFINED IN THE NORTH BY 112 EXPRESSWAY, 42ND AVENUE ON THE WEST AND THE CITY BOUNDARIES ON THE EAST AND SOUTH. THIS ANNEXATION HAS BEEN STUDIED IN THE PAST SINCE THERE IS AN ARM OF THE CITY THAT GOES ON NW 36TH STREET ALL THE WAY AND INCLUSIVE OF JAI ALAI. THE ANNEXATION OF THIS AREA WOULD SIMPLIFY POLICE ENFORCEMENT AND THE DEVELOPMENT OF THE AREA SINCE ALL PROPERTIES ON 36TH STREET ARE ONLY IN THE CITY FIRST 100 FEET, AND EVEN THOUGH JAI ALAI IS IN THE CITY THE SURROUNDING PROPERTIES ARE NOT. JAI ALAI IS PRESENTLY GETTING READY TO BE REDEVELOPED AND THIS ANNEXATION WOULD ASSIST IN THE FURTHER DEVELOPMENT OF THE AREA. 11-00406 Email - Melrose Area Annexation.pdf NO ACTION TAKEN D1.2 DISCUSSION ITEM City ofMiami Page 128 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 11-00407 IN AN EFFORT TO ADDRESS THE CURRENT FISCAL DEFICIT WHILE ALSO ADDRESSING THE MAYORS INITIATIVE TO MOVE THE CITY FORWARD IT IS PROPOSED THAT DEPARTMENTS AND BOARDS THAT DO NOT PRESENTLY HAVE A COMMISSIONER ASSIGNED TO IT BE DIVIDED AMONG THE COMMISSION FOR REVIEW IN ORDER TO MAKE RECOMMENDATIONS CONCERNING WAYS TO INCREASE EFFICIENCY, MAKE RECOMMENDATION CONCERNING ELIMINATION OF FUNCTIONS AND CONSOLIDATION OF DEPARTMENTS IF WARRANTED. THIS RECOMMENDATIONS WORKING WITH THE MANAGER WOULD BE MADE TO THE MAYOR AND COMMISSION. 11-00407 Email - Departmental Review.pdf 11-00406-Submittal-District 1 Office -Email -Departmental Review by Commissioners.pdf DISCUSSED Chair Gort: Does -- any other pocket item or blue page? I do have one. And this is mainly in discussion among ourselves. And in an effort to address the current fiscal deficit while addressing the Mayor's initiative to move the City, it is proposed that departments and boards that did not presently have Commission assigned to it be divided among the Commission for review in order to make recommendation concerning ways to increase efficiencies, make recommendation concerning elimination of function and consolidation of department if warrant. This recommendation, working with the Manager, will be made to the Mayor, the Commissioner, and to staff. Now, as you can see, the grouping that was put together, the way the grouping was selected was the size of the budget per departments, the extent to which some of the departments worked together, the possibility of similar efforts being performed, the need for communication among the group departments, the responsibility, the possibility and consolidation of efforts, the task performing parallel on directed effect timely completion of task, the review of the criteria used in in the grouping of this department we put together. In addition, it will not be overwhelmed by any individual office with a global task. The intent is to provide the Manager with information and finding in an effort to give him more flexibilities and ideas from any information the Commissioners provided. This by no means will indicate a mandate, merely constructive analysis and feedback to the Manager. The process going in and out will be -- flow through the Managers [sic] and his staff. And mainly, as you can see, this is -- I brought this as discussion to you all. I read some of the task that was performed by Blue Ribbon Committee a long time ago, and a lot of the recommendation by the Blue Ribbon Committee, I think we all agreed with it and we all talked about it but unfortunate, did not implement it. We have a lot of studies. We have a lot of ordinance that exist that can make this City a lot better, but unfortunately, they're not being implemented. So this is just food for thought for you guys to look at it, let me know what you think, and get back to me . And in the mean time, I would like to work with the Administration and try to come up with some ideas. If you all have any additional idea, suggestions - Commissioner Dunn: Mr. Chair. Chair Gort: -- please -- Yes. Commissioner Dunn: So in essence, we'll be like subcommitting [sic] it or -- I know it's departmentalizing it, but it's like a subcommittee. I mean, I'm in favor of the concept. Sort of how -- well, I don't mind saying it -- how the County appoints -- the Chair usually appoints certain Commissioners to oversee sub -- but except, we'll be dealing with but budget. Is that --? City ofMiami Page 129 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 I just want to get the concept. Chair Gort: Well, the idea is that Commissioners will select which grouping -- of the grouping can be changed that you and your staff would like to work with. Commissioner Dunn: Okay. Chair Gort: And let me tell you what the basis is. Back in 1997 or '96 we had a similar problem. I got together with a group of directors at the Orange Bowl. We had meetings for three days and we were able to reduce the budget by $20 million without really -- Commissioner Dunn: IfI may? Chair Gort: Yes. Commissioner Dunn: It's (UNINTET,T IGIBT,F) -- it's kind of what Commissioner Sarnoff did with Commissioners Carollo and Suarez last year, tried to -- it's a little different when they were signed to look at certain department directors, sort of kind of? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: No. It's very different because what Commissioner Suarez and myself did was review and evaluate -- Commissioner Dunn: Okay. Chair Gort: A person. Vice Chair Carollo: -- the -- yes -- two out of the three positions that are -- what is the correct terminology? -- directly are -- Chair Gort: Appointed by the Commissioners. Vice Chair Carollo: Yeah, they're appointed by the Commissioners, but -- Commissioner Sarnoff. Direct reports. Vice Chair Carollo: Yeah, they -- Commissioner Suarez: Report to us. Vice Chair Carollo: -- are -- Commissioner Sarnoff. Direct employees, direct reports. Vice Chair Carollo: -- directly report to us. It's different. This is all the departments. What I'm seeing -- andl definitely welcome any of my colleagues reviewing and going through any departments' budget and so forth, but I, for one, do not want to be limited to just these three or four departments. I want to be able to as time -- come budget time, you will see that I will be going through many of these departments. As a matter of fact, some of these that are here, like Miami Parking Authority and some of the other ones -- we actually, for the first time -- I don't know ifI want to say ever, but for the first time, everybody, I think, saw a big difference in the City ofMiami Page 130 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 budget process as far as we were actually going through their budget. We -- it wasn't just a rubberstamping. So I, for once, do not want to be limited to any grouping of departments or to any department. Commissioner Dunn: IfI may one more chance? Chair Gort: Yes. Commissioner Dunn: Let me -- I don't believe the concept or principle that you're trying to implement would preclude us from -- because, as Commissioners, we got to bring it back to everybody in the first place -- Chair Gort: Of course. Commissioner Dunn: -- for approval. But what it does, it helps to streamline, if I'm not mis -- sort of kind of. I'm just trying to -- I know they did it before years ago in a -- no? This wasn't done be --? I'm sure it was. Chair Gort: I don't recall what I'm recommending -- in reality -- Commissioner Dunn: Okay, help me out. Let me shut up and let me hear what you got to say. Chair Gort: Well, if we look at it, a lot of times we have different departments here and somehow we find that departments are not talking to each other. Commissioner Dunn: Okay. Chair Gort: In other words, they're not -- lack communications. We have problems, and then one department will -- it's not my problem; it's somebody else's problem, and this is something that we need to work on. I think we need to -- for example, we asked, I think it was about four meetings ago, the -- expedite the permit, and they were going to come back to us with some plan, how they were going to do two things, one for the demolition of the properties. I'm still waiting for that report. What is being done to go through the process? How we going to demolish the different properties that we looked add. I mean, we've talked about it. And this is -- gives you an idea -- and doesn't mean it limits you to anyone. What it's asking is we get together and -- to our staff and we will sit down with the Administrations [sic] and talk to them, analyze them, look at them, and come up with suggestions. Look, I think maybe you can improve if we do the following, if we adopt this. That doesn't mean we mandate it. We bring it back to the Manager and the Manager will have to bring it back to us. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. You know, two comments on this, maybe three. But first one, is there any issue or problem with the Charter with the Commissioners getting involved at this level and asking direction? I thought there might have been. So the second thingl came up with --I'm not saying -- well, let me just say it. PFM (Public Financial Management), when we got the PFM reports last year, I had a better understanding than I ever had how this government operates. So I thought to myself, maybe what we should do is ask the Manager to retain PFM and give us an analysis of how the City ofMiami operates, any efficiencies it deems or finds that it can create. I know it's done it with the City of Cleveland. Everything from efficiencies that could be created and inefficiencies it observes. And I'm only picking PFM because I've never seen -- well, we spent a long time with them; we got to know these guys, we got to see City ofMiami Page 131 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 their work. And understood their work and so I was comfortable with them. So the thing that came to mind with me is is there going to be a charter violation by us doing this? And then is there a better mechanism to do this than having me sit down with like, say, Fire, MPA (Miami Parking Authority), Purchasing, Public Facilities? Also learning whether I'd live through that process would be another issue too. But is that maybe an issue that we would want to do? Chair Gort: Well, my understanding is -- and I'm not an attorney, but the Charter says we cannot direct or give orders to any employee, but we can ask questions and we can make recommendations as long as we don't order them. That's my understanding. I'm not an attorney, so I'll let the attorneys address that. Ms. Bru: Okay. You know, your Charter envisions a form of government that sets out duties distributed amongst -- Chair Gort: Sure. Ms. Bru: -- the executive, which is the Manager, and that he has the control and supervision of all the departments and all the employees in the cities [sic], except for the City Clerk, the City Attorney, the independent auditor. The Mayor has certain duties with respect to preparing a budget, presenting the budget, appointing a City Manager, so forth and so on. And the Commission is the policymaker, the legislative body. Now in the Charter you do have -- the City Commission does have the authority to create new departments or discontinue departments. You have that authority. So one can ask, well, in order to exercise that authority, you have to understand what the departments do and you have to be assessed as to why you should create a new one or discontinue or consolidate. So I think that one can say that in carrying out the authority that you have with respect to the creation and discontinuing departments, you would necessarily have to somehow understand, observe. The problem comes because you are strictly prohibited from giving directions to any subordinate of the City Manager. And what I fear is is that you would have to construct your mission in a very, very, very, very tight way so that you don't cross that line, andl don't know logistically how efficient you will be able to perform that mission with the criteria that you can't cross the line. Chair Gort: Well, my statement was whatever we -- research that we do, that we looked at it. Whatever recommendation we can come up with, we sit down with the Manager and the Mayor and we talk to them and tell them, look, this is what we think could be done so it's not us directly making the changes. It's just suggestions to Administration, then the Administration comes back and says yes or no. Ms. Bru: Right, but what question is -- and perhaps the Manager should be the one really asking the questions 'cause it's -- it affects, you know, his role and responsibility in the City. But what I question is how are you going to go about carrying out that task? Chair Gort: Well, like right now we request from any Administrations [sic] or any department, we request questions. I mean, we've had questions here from the different departments, from Code Enforcement, from the Building, and ask them questions. They got to come back and answer it. And if we see some deficiencies, we can ask how can we fix this. I mean, we're not telling them fix this, give us some suggestions, tell us what you believe. Commissioner Sarnoff. But I -- the difference, I think, is that when we sit as a Commission and when we sit as five people, we're allowed to do that, but when -- you know, it's just like somebody say would you sign this letter for me, and you always wonder to yourself what does that mean; it's one Commissioner. It has no force and effect. You know, it's obviously a non -significant issue, but when we -- when we're out there individually, we're sort of powerless, and therein lies the Charter provisions. When we act as three, 'cause most times three pretty City ofMiami Page 132 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 much governs the day, you are the three in charge of the City ofMiami. Chair Gort: Well, this is -- mainly, I brought it up for discussion. And once again, we go to the bottom line. Do we want to do it or we don't want to do it? And this is what I ask all the time. If we want to do it, we'll find a thousand ways how to do it and how to structure it so we comply with the status and everything else. Commissioner Sarnoff. That's true. Chair Gort: If we don't want to do it, just let's say it and that's it. Ms. Bru: I think that if it's -- if the Commission is interested in pursuing such an inquiry, I can sit down with the City Manager and try to -- and with your staff and see what you have in mind and see if there's a protocol, if there are -- if there's some guidelines that can be adopted by this Commission and tasks identified and the manner in which the tasks are going to be performed described that would be compliant with the Charter restriction. So if you would like to do that, we can do that. We could sit with the Manager, myself your staff yourself. Chair Gort: I would love to do that, if my Commissioners agree with it. Vice Chair Carollo: Mr. Chairman, let me ask you something, you know, and I just throw it out there. Do we even need something like this to be able to request information on certain departments? I mean, I know for a fact I did it during the budget process. I reviewed. I requested information from certain departments. As a matter of fact, you know, I'm looking at this list right away. The first one I'm seeing is the City Manager. How come the City Manager's office isn't here, you know? So again, you know -- and then one of the things that I saw that we're going to be recommending to the City Manager and the Mayor and so forth, but right off the bat I'm saying, okay, I don't know who did this list, but don't see the City Manager's here, andl know for a fact I went through the City Manager's, and there's room to cut there. I know for a fact there is because I -- as you all know, I went through this budget process pretty good and, you know -- so I just don't see why we would need a structure like this in place to actually do what you want to do. Chair Gort: In reality, it's not only the budget but the efficiency of departments. I believe there's a lot of changes that can be made in some departments, suggestions that can come up that can improve the performance of the department. Commissioner Sarnoff. But -- and that brings up the PFM and I'm -- let me use them euphemistically because I don't know another firm. What are the best practices? Who -- what city in the United States is employing the best practices and what are those best practices? And then why won't those best practices work here? And there may be some very good reasons why they won't and there may be some reasons why they should, but I don't -- I truly don't know the best practices right now in 2011 and 2012. I sort of knew the best practices in 2008 'cause we went through an exercise. Trust me, things have changed as to what the best practices were in 2008. So could we do this, could we bring this back for a discussion and -- Chair Gort: Sure. Commissioner Sarnoff. -- maybe have the Administration drill down this? Bring it as -- not as a blue page item but as an item with some background from the City Attorney telling us what we could do, how we could do it, and maybe some element from maybe PFM and maybe two others that do the same kind of work to say how they've helped other cities in the past and what is the cost? And then, inevitably, what's the return on that investment for that cost? City ofMiami Page 133 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 D2.1 11-00381 Chair Gort: Is that all right? Okay, we'll follow your advice. Okay. Thank you. Is there any other business? Do I have a motion to adjourn? Vice Chair Carollo: So move. Commissioner Sarnoff. So move. Commissioner Dunn: So move. Chair Gort: Thank you. Have a good one, guys. END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ABOUT THE DREDGING AND MANGROVE TRIMMING AT THE ROCKERMAN CANAL. 11-00381 Email - Dredging and Mangrove Trimming Rockerman Canal.pdf DISCUSSED Chair Gort: We go into blue page. Commissioner Sarnoff. I think have a blue page, right? Chair Gort: Yeah. Commissioner Sarnoff. I'm first, all right. Andl apologize for the quantity, but I'll be very brief. The first discussion item, gentlemen, is the dredging and mangrove trimming at the Rockerman Canal. Mr. Manager, to the extent that I can rely upon Lynn Westall's May 11, 2011 e-mail (electronic) to me, I would be more than satisfied with that response, but I just want to bring to your attention that the mangroves need to be trimmed together with that entire project; otherwise, you're not going to be able to do the deep dredge that you need to have done. So if somebody could just give me a little acknowledgment, yes, we understand, Commissioner; yes, we completely agree, or something to that effect, I will move on to the next blue page item. Failing in that, I will hold this -- Bravo, always good to see you. Alice Bravo (Director, Capitallmprovements): Good afternoon. Commissioner Sarnoff. You're very close to the Zerry Award. Ms. Bravo: I aspire to that. Commissioner Sarnoff. You understand that we believe there will be an issue with mangrove trimming? Ms. Bravo: Well, we -- Alice Bravo, Capital Improvements director. Just today we signed the application to DERM (Department of Environmental Resources Management) for additional mangrove trimming, and so we'll be submitting that expeditiously. Our dredging project is anticipated to start in about three weeks. City ofMiami Page 134 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Sarnoff. And our concern, so you understand, is that we believe the mangroves will prevent you from getting in with your dredging operation. Ms. Bravo: That is not what we are foreseeing. We've -- Commissioner Sarnoff. Okay. Ms. Bravo: -- procured the dredging project. We're proceeding with the dredging. Commissioner Sarnoff. You're the expert. I'm the amateur. I'm bringing to bear to you what some other people have brought to us. You're telling me it's not an issue, Commissioner; don't worry about it. I accept that. Ms. Bravo: Great. Commissioner Sarnoff. Fair enough? Ms. Bravo: Fair enough. Commissioner Sarnoff. Okay. D2.2 DISCUSSION ITEM 11-00383 DISCUSSION HOW C BAND PULSE IS NOISE. 11-00383 Email - C Band Pulse is Noise.pdf DISCUSSED Commissioner Sarnoff. All right. The second discussion item, Mr. Chairman and fellow Commissioners, is how C band pulse is noise. Now this comes back each time downtown or we have venues that have live music, the Ultra Festival, a number of things, inclusive of as we build buildings -- happens to be Icon -- and one of the actual towers has a bar that's on the 30th floor, how that noise travels to another condo tower, and you could say they chose to live there. They knew what they were getting into. I'm not even talking about the same condo tower. I'm talking about another condo tower just to the side of them. And somebody from this City wrote an e-mail (electronic) that said I'm not sure that -- C band is that low pulse that you hear, that boom, boom, boom -- Vice Chair Carollo: That's called the bass. Commissioner Sarnoff. Bass, there you go. We'll call it bass for this discussion. -- that that is not noise. Now I have seen from our director of Code Enforcement that he considers that to be noise. Am I right? Sergio Guadix (Director): Or it would be considered -- I'm sorry. Sergio Guadix, from Code Enforcement. It would be considered to be noise if it breaks the noise ordinance or it goes above the decibels that's required in the noise ordinance or if it's played at a time that is not allowed in the noise ordinance, but it is not really defined in the noise ordinance specifically. C band is different than any other noise. Commissioner Sarnoff. So long as you are the requisite distance away, so long as you're the requisite time away, so long as you hear the bass, you will treat that as a noise problem? City ofMiami Page 135 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Mr. Guadix: I believe I have to, yes. Commissioner Sarnoff. Okay. Because there are others in this City that don't agree with you, and I'd like the City Attorney or someone's position on what is bass. Vice Chair Carollo: What is bass? George Wysong (Assistant City Attorney): What is bass? Bass is a -- Commissioner Sarnoff. Come on, Warren. First, I want to hear your definition, and then I want to hear how you're going to apply it. Vice Chair Carollo: It sounds like -- Mr. Wysong: Well, unfort -- Commissioner Sarnoff. There you go. Mr. Wysong: -- unfortunately -- Commissioner Sarnoff. He's pretty good at that. Mr. Wysong: That's bass. Chair Gort: He's got it. Mr. Wysong: As -- Commissioner Sarnoff. He was at Ultra, by the way. He was there. Mr. Wysong: -- Mr. Guadix -- Commissioner Sarnoff. They couldn't stop him till 2. No. Mr. Wysong: Yeah. As Mr. Guadix indicated, they -- there are no definitions in our noise ordinance in all references to decibels are what they call the A -weighted band, so what you're really talking about is the C-weighted band. I did a little quick research on cases relating to -- if there's any Florida cases relating to C-band noise or bass noise and there are only really two cases that came up. One case was a Second District opinion and it related to a club that was having a lot of noise and the distance requirement for that particular club or that particular city was 50 feet. Any noise plainly audible within 50 feet of the establishment was unlawful noise. They cited the establishment a couple times. The establishment did some stuff. They put in insulation, they sound -proofed their building. The next complaint that came was from a gentleman who said he could hear the club's music during the operating hours and that he could regularly hear a bass boom beat, which physically vibrated the pillow in his bedroom, so it sounds very similar. Unfortunately, the Second District invalidated the ordinance, saying it was an unreasonable standard, way too subjective, void for vagueness. That's the plainly audible standard. Commissioner, we've had discussions on this item frequently. This is a Second District opinion. There's a Fifth District opinion that finds a 100-foot noise ordinance plainly audible to be constitutional, so the Florida districts are all over the place. So that was the one relating to noise. The other one relating to the bass noise was a local case, D.A. Mortgage versus City ofMiami Beach where it had to do with Club Amnesia on Miami Beach, an open-air club. You could hear noise all over the place. Miami Beach had -- when they were challenged, they repealed their noise ordinance and specifically adopted by reference the City ofMiami Page 136 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 County noise ordinance. So now the case was whether the County ordinance was unconstitutional, and they attacked it from all different stances. One was content -neutral or content -based, and they talked about it was not con -- it was content -neutral because it does not distinguish between excessively loud singing, thunderous classical music recordings, reverberating bass beats, or television broadcasts of the World Cup soccer finals. So there it only related to content -neutral. But there are no reported decisions defining what noise is. I think Sergio Guadix' position is that usually when they go out and they inspect these premises, in addition to the booming of the glass, they can hear the noise coming from the club as well so it's plainly audible from further than 100 feet, which really isn't much of a distance. So he can enforce it without requiring a definition of bass noise or C-weighted noise. Commissioner Sarnoff. Mr. City Attorney, the reason I brought this up, to my surprise, I saw from a police department, a police officer, an e-mail that said is bass noise andl was quite surprised. And all want is the City Manager to -- unless this Commission deems otherwise -- should bass be considered noise and part of the noise ordinance? And think it's pretty clear. I'm even surprised we're talking about this. Mr. Guadix: IfI may, Commissioner -- andl don't mean to sound funny, but you know, most of our inspectors, I think, we're going -- we're not going to be -- we're going to be tone deaf. I mean, we don't know if it's C-band orA-band or whatever band. We know that we can hear it. And part of our ordinance, I feel, the one that does not talk about decibels, talks about if you hear the noise -- and it doesn't differentiate between C, A or D or whatever -- if we hear the noise within 100 feet, you're in violation. I -- maybe once we get into the decibel, which has to do more with machines and, you know, some mechanical machines and stuff, maybe we'll go wrong there if we don't take the C-band or we don't take that definition into consideration. But as I see it right now, if we hear it, it's in violation, within 100 feet. Commissioner Sarnoff. Okay. And Chief Blom, I see you out there. Chief or -- I've had that conversation with Chief Blom so I'd like him to go on the record. Chief oftentimes noise is going to fall in the purview of a uniformed officer. Assistant Fire Chief Richard Blom: Right. Commissioner Sarnoff. And it was a uniformed officer that wrote is bass really noise?" Assistant Fire Chief Blom: Okay. Well, you know -- Commissioner Sarnoff. Is it -- now I'm going to ask you, is bass going to be -- Assistant Fire Chief Blom: If it disturbs somebody, we get a call, we would look at it as noise, but again, we would defer to the, you know, zoning or code to let us know, but we get calls all the time. People say boy, this noise is disturbing me, so you know, we treat it as noise if you can hear it. Commissioner Sarnoff. And that's the policy of our department, right? Assistant Fire Chief Blom: Well, the policy of our department is to take Code's lead and they would let us know if it's a violation, and we'd go ahead and take the enforcement action. You know, once in a while we can't get a hold of them, so we try to take our own action. Commissioner Sarnoff. And the reason I brought you up here is come late at night, more times than not it's going to be the uniformed officer that's going to take care of the noise. Assistant Fire Chief Blom: Right. City ofMiami Page 137 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Commissioner Sarnoff. Andl know the way you ordinarily do it is you give them the opportunity to turn down the noise. Failing in doing that, you could even confiscate their equipment. Assistant Fire Chief Blom: Yeah. We've done that to our own peril at times. I remember I did that years ago, even at Monty's, and kind of got admonished for it. But you know, what -- when you have people that can't sleep at night and you clearly can hear the noise in their apartment, you want to go ahead and at least take care of them for that night. But again, we try to vouch to the Code inspectors, and we did have something worked out where we could call them and have somebody on call come out with their meter, if you will, and then tell us if it was a violation and we'll take the enforcement action then. Commissioner Sarnoff. Okay. I just want to -- I want to make sure the Code and uniform are on the same page and we're -- Assistant Fire Chief Blom: Okay. Commissioner Sarnoff. -- all enforcing it the same. Assistant Fire Chief Blom: Yeah, we enforce it, but we're just -- we don't define it. Commissioner Sarnoff. No. I want to make sure that -- happen to be a police officer from your -- obviously, you're chief or one of the chiefs, andl want to make sure that your position is that bass is noise. Assistant Fire Chief Blom: Noise is noise. Commissioner Sarnoff. Okay. I'm done with this. Assistant Fire Chief Blom: Thank you. D2.3 DISCUSSION ITEM 11-00404 DISCUSSION REGARDING THE STATUS OF THE VIRGINIA KEY MOUNTAIN BIKE MEMORANDUM OF UNDERSTANDING. 11-00404 Email - Virginia Key Mountain Bike.pdf DISCUSSED Commissioner Sarnoff. All right. The other discussion, gentlemen, I think is a good discussion. As you all know, we opened up -- and know that Commissioners Suar -- excuse me -- Commissioner Carollo was there -- the Virginia Key mountain biking trail. Andl think we have a great missed opportunity there. I mean, if you would look at the number of mountain biking magazines that the City ofMiami is presently in as the -- I don't want to say preeminent, but we almost are the preeminent mountain biking trail in a city, and yet, right now there are a couple of issues. One, it's all voluntary, meaning that out there on a Saturday or a Sunday are volunteers out there doing whatever -- that we think needs to be done. Two, there are no waivers, and that's just an accident waiting to happen. Somebody's going to go out there get hurt, there's not going to be a waiver, and you know, it's going to be RE.6, you know, City of Miami settling; and you're going to go well, is this a good settlement, a bad settlement versus wait a minute; did this guy sign a waiver. Three, every place -- I shouldn't say every place. Broward County, Oleta State Park charges $5 to get in there, so what we had done is we actually askedArquitectonica just to give us a draft of what we said was a very quick, City ofMiami Page 138 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 inexpensive gateway, if you will, to get into the park, and that, of course, require people to go through a certain gate, a certain procedure. This would be paid for by and in and of itself with the $5 or whatever you determine the appropriate amount would be. Now this has a picnic area. It's got restrooms, a bicycle rental storage locker, limited bike repair. Just think of the opportunities we have, and this whole thing -- and of course, 'cause it's Arquitectonica, they do it with all, you know, solar panels so no electricity. It's all very green. And what I'd like to get is support from my fellow Commissioners, is to get our Parks Department to get behind this project and to put a person there minimally on the weekends and, if possible, all the time around so that we always have waivers, or at least a sign up there that says proceed at your own risk. This is a high -risk, you know, venture because we have something great out there. Just 'cause it's great doesn't mean it's not dangerous. Andl -- Mr. Burkeen, I know we've had this conversation, but I wanted you to see that there would be support from the other Commissioners. I'd like anybody to say what they think about this. Chair Gort: We agree with you. I mean, at least do. Commissioner Dunn: Beautiful. Commissioner Sarnoff. So can we get moving on this not at the pace we usually move, but can we move on this? Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. We can get started on the planning process. I mean, I don't have money in the budget to do this right now, but certainly the planning process we can start moving on that. Andl imagine it'll be part of the budget process. Commissioner Sarnoff. Well, the point that I want to bring is this will pay for itself with the admission fee, you know. And two months ago I asked for a pro forma on what $5 would bring. I never got that back. I'm not going to wait for the pro forma. Vice Chair Carollo: Welcome to my world. Commissioner Sarnoff. Right. I see what you're saying. And I'm not here to criticize. I simply want to -- I am offering you -- I'll tell you what, work with Arquitectonica; take these plans, see if they'll get design plans going for us. I think they'll do it as a pro bono project. Most of this stuff is so easy, it's incredible. Andl will devote some quality of life money to this, just to get you started so you don't feel like you're left -- but I do -- but I'm going to require that there be an admission fee out here just so that this is a zero -cost item to the City ofMiami at a minimum. All right? Mr. Burkeen: Will do. Commissioner Sarnoff. Okay. Julie O. Bru (City Attorney): Commissioner, we will look at the issue of whether or not he can just unilaterally work with Arquitectonica. We do have a procurement code. I know it's frustrating, but we -- Commissioner Sarnoff. If it's pro bono? Ms. Bru: Well, we have to check. I have to check to make sure because we do have the CCNA (Consultants Competitive Negotiation Act) law, state statute, andl don't know whether there's any waiver just because you're receiving it pro bono. So we'll take a look at that. City ofMiami Page 139 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 D2.4 11-00405 Commissioner Sarnoff. Yeah, that would only be common sense, but why would the City do that? Okay. DISCUSSION ITEM DISCUSSION REGARDING THE STATUS OF PROPERTY LOCATED AT 3883 BISCAYNE BLVD. 11-00405 Email - Status Property Located 3883 Biscayne Blvd.pdf DISCUSSED Commissioner Sarnoff. Mister -- I guess I need Mr. Garcia. I've been getting complaints at 3883 Biscayne Boulevard, and the complaints that I'm getting -- well, you know what they are. And essentially, an Educating Hands school has been operating in a T6-12L. I could read you what they are, butt think you could easily do the -- do you have the e-mail (electronic) up on your screen? Francisco Garcia: I don't have -- my apologies. Francisco Garcia, Planning director. I don't have the e-mail itself, but I certainly have a list of all the issues that have been forwarded to us by your office, and I'm prepared to address them. Commissioner Sarnoff. Would you address it issue by issue? Mr. Garcia: Certainly. And with the assistance of the audiovisual department, I will show you a PowerPoint presentation that I think will address all the issues at hand and then I will answer any questions you have -- you may have additionally. Just to provide the Commissioners a sense of the context, there are two properties that were involved in the referral we received. One -- and once again, to provide context, what you see north to south or top to bottom on the screen, the major corridor there is Biscayne Boulevard and the intersecting street in question is Northeast 39th Street. To the north you see a large parcel which is 3901 Biscayne Boulevard, and to the south of 39th Street, you see a smaller parcel which is 3883 Biscayne Boulevard, and there are some issues pertaining to each of these properties. By way of additional information, I will give you briefly that the two parcels in question abut Biscayne Boulevard as T 6-12L, as you correctly mentioned, Commissioner Sarnoff, but in particular the property to the north, 3901 Biscayne Boulevard, also enters into the T4-R zone that is to the west of Biscayne Boulevard. First, the simpler one perhaps, and that is 3901 Biscayne Boulevard. The issue there was that originally, as approved, the project contained the plans for a container that was located on the southern end of the property, immediately facing single-family residential properties to the south. And as a result of meetings with the applicant, we managed to have that moved to the north of the property where it now more appropriately abuts another commercial property. And just to show you that, in fact, that has been accomplished, this is a photograph of the site as built. There is the enclosure for the container. When the building is ready to be occupied, the dumpsters will be there in that enclosed -- sort of wall enclosure will be closed up by a gate and the dumpsters shall disappear from view. So we mark that as an issue that has been addressed, and we believe that the people who were originally concerned with this matter have expressed that they are satisfied by the resolution achieved. As pertains to 3883 Biscayne Boulevard, there are four issues we are aware of andl know that some others have come up since we were originally approached about these, but I'll cover theses and perhaps then the others. The first issue refers to hand painted signs and whether or not they were appropriately permitted. The second issue pertains to an existing set of propane tanks located adjacent to Northeast 39th Street. The third issue, ingress and egress came before the property involved. And the fourth issue, compliance with the landscape ordinance. Here is a site plan for 3883 Biscayne Boulevard, and some of these issues can best be shown on the site plan. And what we are first indicating in the orange arrows is the fact that one of the City ofMiami Page 140 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 conditions of the warrant that has recently been approved -- but I should emphasize is still within the appeal period -- so that warrant, when it comes into effect, will require the property owner to have ingress to the property or access to the property only from 39th Street. And the condition also indicates that exits from the property or egressfrom the property shall be through a service alley that is located to the south of the property. Now here is a slight difficulty that we've run into. Because that service alley is shared with the commercial building to the south of the property and because some of the service entrances that service that building are along the alley, from time to time there are delivery trucks and other service vehicles that actually obstruct the exit from 3883 onto that alleyway. So although the condition in the warrant, as issued, states that exits should be through there, we are not prohibiting exiting through 39th Street because we understand that from time to time there will be a blockage there and we could not otherwise prohibit proper egressfrom the property. We understand that that may require some monitoring, but we have every assurance from the property owner that they have every intent to comply, and there will be signs on the actual parking that will indicate that that is the preferred means of egress and people tend to follow arrows when they are drawn on the side. So that is frankly the best we can do to address that particular issue. As pertains to the enclosure of the propane tanks that are located, that is the rectangular sort of box that you see there dashed in red on the north end or on the top end of the property. That's the location of that. As pertains to the dumpster for the property -- and will show you images in a moment about that -- as pertains to the dumpster and where it's going to be located for this particular property, right now it sits in the middle of the parking lot. They're not done with construction. When they are done, one of the conditions of the warrant issued is that the container be placed on the bottom right-hand corner of the property, which you see there also in the box. And as pertains to landscaping issues, you see that captioned in the rectangular box top to bottom that is along Biscayne Boulevard. I'll show you images in a second. First, I wanted to address briefly another issue that was brought to our attention, and that is that presently the business known as Educating Hands is operating as a school. We know that to be the case. We should say the following. The applicant originally came in to the City ofMiami wanting to have both a therapeutic massage establishment and also a school that would teach (UNINTET,TIGIBT,F) how to perform these therapeutic massages and both of those uses are allowed. It so happens that therapeutic massage establishment is allowed as of right, so to speak, and the school component is allowed only through a warrant. And what you see there in that list is that in T6-L along the top, which is the zoning for the property, the special training or vocational school use, which is what they have, is allowed through a W'br warrant. They were originally advised that they did not need the warrant and they could operate under the certificate of use for a therapeutic massage parlor. Since then we've understood that that is not the case, given the character of the operation, and subsequently, a violation was issued by the Code Enforcement Department, and by applying for the warrant that they have recently obtained, they are seeking to correct the code violation item that is still open until the warrant is actually finalized. I say this again because as I mentioned earlier, there are still ten days to go for the appeal period of the warrant. If it is appealed, then the conditions cannot be demanded by us. If the appeal period elapses and the warrant takes effect, then we will follow up to make sure that all of those conditions are actually abided by, and we can do that through code enforcement efforts. Now as pertains to signs -- and I'll be quick -- Commissioner Sarnoff.. Did you address the propane tanks? I know I -- I see them right there. Is that allowed? Mr. Garcia: I will address that in a moment. Commissioner Sarnoff.. I'm sorry. Mr. Garcia: Yeah, that's the next item actually down the line, but I'll address this. As pertains to the painted signs, these are them, and you see them there. What happened here was that they City ofMiami Page 141 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 came in with a permit application or a sign permit application to paint the signs, and the signs were checked by the City for compliance with size requirements and so forth, and so these are fully compliant with all the size and location requirements of the zoning ordinance. However, once again, change of code. Painted signs in -- under Miami 21 require a warrant. They were not directed to obtain the warrant. They actually obtained a sign permit, painted the signs, and by the time it was brought to our attention that those signs in particular would have required a warrant, the signs were already painted. We felt, frankly, that the signs were done tastefully. They're very much in, you know, compatible with the district and we would have approved them anyway, so to actually require a warrant after the fact, which would have made them subject to an appeal, et cetera, we thought was too onerous and we have deemed these as approved sites. Here are the propane tanks. And although this is an existing condition, this was not done by the present property owner or by the present occupant of the building. It was brought to our attention that their appearance was perhaps objectionable or unsightly, although they are very well maintained and painted. And so what we've done in condition number two of the warrant is required the following: That the existing propane gas tanks shall be screened from view with landscape hedge behind the existing CBS (Concrete Block Stucco) wall along 39th Street at the north side of the property. So in order to come into compliance with the warrant, they will have to plant some shrubbery that conceals from vision those propane banks and, once again, the occupant of the building has expressed every desire to comply. Should they not do so, we can follow up through Code Enforcement to make sure that they do and we will do that. Here is where the dumpster is presently located, and here you also see that it is blocking egress to that service alley I was describing earlier. Once again, as I showed you on the site plan, when all is said and done, the warrant is in effect, that dumpster will be located on the southwestern corner of the property and out of the way and properly concealed, and here's the condition that requires that. Entrance to the parking lot shall be access only through Northeast 39th Street and exit through the alley at the south boundary of the property. You notice that the word 'hall" is used before be accessed,'but is not used before exit, and that is for the reasons that previously described. Finally, as pertains to the landscaping on the property, there -- what we've required is a new planting scheme, and one of the conditions that addresses it is number four, which says a landscape plan shall be submitted for review and approval and compliance with the landscape ordinance prior to the issuance of a certificate of use showing new street trees on private property along Biscayne Boulevard. And until that new landscape plan is approved and the trees are in place, they will not be issued a certificate of use. They have every intent to comply, and once again, we can always follow up through Code Enforcement efforts to address that. Lastly, this is the warrant that has been issued containing the conditions. Once again, it was issued on the 5th of this month. It will be effective, unless appealed, on the 20th of this month. One last item that was brought to our attention is the fact that their parking may not be sufficient. These are the calculations that have been made for the property showing that they will be required 26 parking spaces to comply with the applicable zoning ordinance, and they are actually providing onsite 27 parking spaces, so they are one over minimum requirements and, thus, they are fully entitled to obtain a certificate of use. That's all I have by way of presentation, sir. Commissioner Sarnoff.. Thank you very much, andl do appreciate you getting -- oh, the last thing was going to be there was a great big mound of debris -- I don't know what you call it -- in the back of the property. Would you have Code Enforcement -- or would Code Enforcement go out there and look at that 'cause that is --? We provided a photograph to you. Mr. Garcia: Yes, sir, we have that photograph, and we will refer it to the Code Enforcement Department. Sergio Guadix (Director, Code Enforcement): And that is already part of our existing Code enforcement case. City ofMiami Page 142 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 NA.1 11-00438 Commissioner Sarnoff. So there's no -- Mr. Guadix: But it's not -- we have -- it's part of our notice of violation. Commissioner Sarnoff. Gotcha. Unidentified Speaker: Yes. Commissioner Sarnoff. Okay. Thank you very much. Mr. Garcia: Thank you. Chair Gort: Is that it? Commissioner Sarnoff. Yes. Chair Gort: Conclude yours? END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM VICE CHAIR CAROLLO THANKED THE COMMISSION, AND EVERYONE INVOLVED WITH THE CITY OF MIAMI'S VICTORY IN DEFEATING FLORIDA HOUSE OF RESPRESENTATIVES BILL 1363; A BILL THAT POSED A DETRIMENTAL EFFECT UPON THE NEGOTIATIONS INVOLVING A BILLBOARDS SETTLEMENT AGREEMENT. DISCUSSED Chair Gort: Mr. Mayor. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 143 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Chair Gort: Yes. Vice Chair Carollo: Could -- would you allow me a point of order? Chair Gort: Sure. Vice Chair Carollo: Thank you. And I'm going to be brief but at the same time, I think it merits, you know, stating what occurred just a few days ago because in the past several weeks, months, we have been consistently -- hope I'm not getting a cold now -- under threats that if we don't settle a lawsuit with a potential or future billboard company, it will be extremely detrimental to the City ofMiami. This is to the tune of two special Commission meetings. And yes, even though one wasn't a special Commission meeting, the bottom line is that we actually met on a separate day just to discuss the settlement and billboard issue. Numerous, numerous amount of misinformation and administration that on two separate occasions strongly pushed for the settlement, and let's not forget; for the first time ever, we had to invoke the five-day rule with regards to an emergency ordinance regarding the settlement. I think that it merits saying that the language that would have been drastic to the City ofMiami did not take effect andl think we can all learn a great deal from this occurrence. Number one, that this City Commission will not be pushed around. Number two, I think it's extremely important that everyone realizes that this Commission does debate, does analyze the issues, and at the end we all come together as a collegiate team. I also think that it merits stating that the five-day rule works and it works very well. And the five-day rule isn't about giving power to any one Commissioner. It's about the Administration giving the information needed for each Commissioner to analyze, have time to think, have time to, again, simply put, analyze the issues so they can understand it. And we clearly saw how just a few days, just a few days meant such a difference. It made such a difference. Andl am very proud of this Commission that, once again, we have proven that we stick together. You know, we do it in a professional manner, and we move the City forward. So I think it's a great victory for the City ofMiami. And now should in the future this Commission choose to settle or not, the bottom line is we don't have a cloud hanging over our heads, that cloud of potential blackmail or so forth. So thank you. I'd also like to thank everyone that was involved in making sure that the City ofMiami could move forward and we will not be detrimentally affected, drastically affected. Thank you. Chair Gort: Thank you, Commissioner Carollo. But at the same time, I'd like to thank all of you that worked on this. Andl know a lot of us made phone calls and talked to a lot of legislative [sic] and that's -- we were able to do it. And we all come united. Sometimes we disagree, but when we make a decision, we carry it on and we work for it. Commissioner Suarez. Commissioner Suarez: Can I just -- I just want to just say one thing. Andl agree with everything the Vice Chairman has said. I think we have demonstrated time and time again our good faith in terms of our desire to want what's best for the residents of the City of Miami and to debate it sometimes in a heated -- I wouldn't say even heated fashion, but in a strong fashion with strong opinions. And yet, many, many, many times or most of the time come to the same conclusion after actually listening. Because I think what happens is a lot of times people don't listen. After actually listening. But I do want to touch upon something that the Chairman said, andl want to thank particularly our legislative delegation, state representatives and state senators. I know State Senator Miguel Diaz de la Portilla, at the critical moment, stepped up and even said, which is not something that a lot of legislators often want to do, you can quote me, you can put it out there, you can say whatever you want, I'm going to do whatever I can on the senate side -- which is, by the way, where this died -- I'm going to do what I can on the senate side to make sure that this doesn't go forward. I also want to thank majority leader Carlos Lopez Cantera, who also assured me privately that this would not go through. And so, you know, I think we need to give credit when our legislative delegation steps up and does the City ofMiami Page 144 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 right thing. We need to give them the credit because just like we give ourselves the credit for making the right decision, we need to give them the credit for helping us have bargaining power. Commissioner Dunn: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Commissioner Dunn: Thank you, Mr. Chairman. I would certainly be remiss ifI did not thank our colleague on the dais, Vice Chairman Carollo, for his staunch position and standing, you know. I know it was a little head butting there, which it's good. Every now and then when you have a position, it proves when you feel strongly about something. Andl guess from my perspective, I have to, in terms of state legislation, rely on your relationships in Tallahassee because, quite frankly, I have some but they don't really amount to a whole lot because of the makeup. But I -- but more importantly than that, I want to thank you for standing firm on your position and it proved -- you know, it was a -- it was -- you know, from where I was looking from -- I guess from every -- it was a risk. But then there's an old adage in business; the greater the risk, the greater the profit. So -- and the profit for us is the respect level. And you stood and we differed some, but then we came together. And so I just -- I would be remiss ifI did not thank you because I was prepared to kind of go with the flow, so kudos. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. Andl appreciate those words. I do want to state though that although, yes, there were some risks, I can assure you they were calculated risks. I will assure you that there were calculated risks. You know -- and sometimes I look at analogies and so forth. For instance, even in the courtroom, you know, hearsay. In the courtroom, hearsay is not really -- right, it's not evidence. It's not valid. Andl heard a lot of hearsay, a lot of misinformation. Yet, when I went straight to sources, I heard something totally different. When I spoke to the Senate president, I heard something totally different. When I spoke to Senator Latvala, the chairman of the transportation committee in the Senate, I heard something totally different. When I spoke to Senator Diaz de la Portilla, I heard something totally different. When I even spoke to some of our legislative team, I heard something totally different. Therefore, you know, you have to say, hey, all this misinformation and hearsay, how valid is it? And in the court -- and in court of law, would it be admissible? Therefore, even though it may have been perceived like maybe, you know, we're taking great chances and so forth -- and if you noticed, I even brought up in the past where this group, individuals, so forth, have had great success in the Legislature. However, that doesn't mean they would this time and again, it was calculated risks. It wasn't just, you know, based on misinformation, based on hearsay. So again, I'd like to thank everyone that was involved. You know, I appreciate the confidence that, you know, once again, everyone has shown when I bring up a subject and we debate it and so forth. You know, it seems like there's a lot of validity when I speak and you all trust my judgment, soI truly appreciate that. And again, I think it's great for the City ofMiami, it's great for the residents of the City ofMiami, and once again, we don't have to worry with regard to losing any amount of money, so thank you. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair. City ofMiami Page 145 Printed on 5/31/2011 City Commission Meeting Minutes May 12, 2011 Chair Gort: Yes, sir. Commissioner Sarnoff.. I was going to not say anything because really it has, to some degree, been said andl certainly have to give credit to the Vice Chair because he obviously stood at a dragon and believed he could slay that dragon. But as long as he brought up the court of law, I do understand a courtroom. I understand there are rules, Florida rules of evidence and federal rules of evidence, andl just want to explain myself a little bit. Unfortunately, I couldn't find that rule book with the Florida Legislature, and unfortunately, I couldn't find that rule book when it came to speaking with these folks. Andl spoke with most of the representatives. I did not speak with many of the senators andl think we owe a great debt of gratitude to Mike Haridopolos andl think we owe a great debt of gratitude to Miguel Diaz de la Portilla and a number of others. Vice Chair Carollo: Senator Latvala. Commissioner Sarnoff.. Senator Latvala. Andl guess part of the reason -- andl think you've also brought something out that is worth looking into as we move forward in this Commission, and that is lobbying efforts. How we lobby, who we lobby with, what is a conflict of interest, what is not a conflict of interest? Do we hire somebody that has 70 issues going before a senator so that he doesn't take one issue and maybe not push it to bear as far as he would because he's concerned the other 69 issues may not get passed? I think what we've done two fold is you've certainly demonstrated a measured validity to the five-day rule that I've never seen, andl certainly was the only one that voted against the five-day rule. So you've certainly demonstrated that it has its place, but I think going forwardfrom this day forward, we should think about our lobbying team, who they are, how they act for us, and who else they represent because we may want to be a little more lasered in our efforts and a little more precise in who we retain because I wonder if in all their lobbying efforts, we were just one issue of 70 and if the other 69 took precedence over ours. Thank you. Chair Gort: Thank you. And I think that you're so right on that. I think we discussed that during our discussions. ADJOURNMENT The meeting adjourned at 6: 14 p.m. City ofMiami Page 146 Printed on 5/31/2011