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HomeMy WebLinkAboutCC 2011-05-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 26, 2011 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Richard P. Dunn 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 26, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR- FIRST READING ORDINANCES RE - RESOLUTIONS BC -BOARDS AND COMMITTEES PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. [Later...J'fefers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00440 PRESENTATION Honoree Overtown Rhythm & Arts Festival Leadership Miami Home Depot Biltmore Motors Presenter Protocol Item Mayor Regalado w/Comm. Dunn Chairman Gort Chairman Gort Certificates of Appreciation Certificate of Appreciation 50-Year Anniversary Salute R. "Ray" Simpson Comm. Samoff Commendation 11-00440 Protocol Item.pdf PRESENTED Chair Gort: Okay, we'll now make the presentation and proclamation. Presentations made. 1. Chair Gort honored the 50th Anniversary of Biltmore Motors, saluting Ramon R. Rodriguez, his family, and Biltmore Motors, for fifty years of outstanding service and leadership in the community; further applauding Biltmore Motors' business savy in the automobile industry in which Biltmore Motors has sold over 50,000 vehicles to a very pleased clientele. 2. Chair Gort presented a Certificate of Appreciation to Home Depot for its commitment and civic responsibility to the elderly through participation in the beautification project for Casa de los Santa Marta de Ortigueira en Miami, Inc. 3. Commissioner Sarnoff presented a Certificate of Appreciation to Ron Nelson, paying tribute to his persistence and leadership in accomplishing critical initiatives in our neighborhoods; further applauding his leadership in the coordination and restoration of Coconut Grove 's Historic Munroe Family Grave Site, and in the completion of the U.S. Route 1 Pink Wall Project. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 26th 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 9:25 a.m., recessed at 11:13 a.m., reconvened at 2:20 p.m., and adjourned at 4: 59 p.m. City ofMiami Page 3 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 MAYORAL VETOES Note for the record: Vice Chair Carollo entered the chambers at 9: 29 a.m. Chair Gort: Welcome to the May 26 meeting of the City of Miami Commission in the historic chambers. The members of the City Commission are Commissioner Richard Dunn, Commissioner Marc Sarnoff, Commissioner Suarez, and at the dais we also have City Manager Tony Crapp, Secretary [sic] Priscilla Thompson, and our City Attorney, Julie Bru. At this time I would like to -- Commissioner Suarez to swear in -- the sworn [sic] in. Will you open the prayer and have the -- Commissioner Sarnoff, the pledge of allegiance. Commissioner Suarez: Thank you, Mr. Chairman. Prayer and pledge of allegiance delivered. NO MAYORAL VETOES Chair Gort: Madam City Clerk, do we have any Mayor's vetoes? Priscilla A. Thompson (City Clerk): No, there are no mayoral vetoes. Chair Gort: Thank you. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: At this time, does any of the Commissioner or --? Priscilla A. Thompson (City Clerk): I'm sorry, Chair. IfI might ask -- Chair Gort: Yes. Ms. Thompson: -- for you to go ahead and vote on the minutes. Chair Gort: Okay. Do I have a motion on the minutes? Commissioner Sarnoff.. So moved. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second Commissioner Dunn. Any discussion? Vice Chair Carollo: Yes, Mr. Chairman, for the May 26, 2011 minutes. Ms. Thompson: I'm sorry. The May -- we're actually approving the Planning & Zoning meeting of April 28. So on the printed agenda, it is shown as the April 28, 2011. What the Vice Chair has pointed out to me is what we call our plasma, which is what you see on the screen there, so that's just a working document, but the official record does show April 28, 2011. Chair Gort: The motion's made and -- Yes. Vice Chair Carollo: To approve the April 28 minutes. City ofMiami Page 4 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 ORDER OF THE DAY Chair Gort: The April 28. That's the motion by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Thompson: Thank you. END OF APPROVING MINUTES Chair Gort: Now we'll begin the regular meeting. The City Attorney state the procedures to be followed during the meeting. Julie O. Bru (City Attorney): Thank you, Mr. Chair, and good morning. Good morning members of the Commission, member of the public, Madam City Clerk, Mr. City Manager. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at 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; please silence them now. Any person making offensive remark or who becomes unruly in the Commission chambers may be barred from further attending 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 is also a Planning & Zoning meeting scheduled for today. There are certain rules that apply to that meeting which will be announced at the time that that meeting commences, which is scheduled to begin after 2 p.m. today. Chair Gort: Thank you, ma'am. [Later..] Chair Gort: Any deferrals from any of the Commissioners? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I need to -- I need a continuance on RE.1. Before I approve any multi year plan, I need to make sure that it's reconciled and it's correct. So I need a continuance on RE.1. Commissioner Suarez: Second. Priscilla A. Thompson (City Clerk): I'm sorry. Just ifI might ask a question. Chair Gort: Yes. Ms. Thompson: You want that to go to the next --? Vice Chair Carollo: Continuance. City ofMiami Page 5 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Commissioner Suarez: Continuance. Ms. Thompson: Yes. So that's the next like meeting -- Vice Chair Carollo: Like meeting. Ms. Thompson: -- which would be P&Z (Planning & Zoning)? Okay. Chair Gort: Okay, it's been moved by Vice -- Ms. Thompson: Do we have -- Chair Gort: -- Chairman Carollo -- Ms. Thompson: -- ifI may ask -- Chair Gort: -- second by Commissioner Suarez. Ms. Thompson: I'm sorry. Chair Gort: Yes. Ms. Thompson: IfI may ask, Chair, instead of having separate motions, can we find out what other items need to be deferred -- Chair Gort: Sure. Ms. Thompson: -- withdrawn, continued, and we can take one blanket motion and vote on that? Chair Gort: Does any other Commissioners like to have any other --? Yes. Commissioner Sarnoff. We're not -- are we talking about Planning & Zoning? You want us to wait till Planning & Zoning? Ms. Thompson: You can -- what we have been doing is letting you make the statement on the record so no one sits here all day, but when you get to your meeting, you make your separate motion at that meeting. Commissioner Sarnoff. All right. Then on PZ.1, I will be moving to continue that for 60 days. Chair Gort: Anyone else? The Administration. Tony E. Crapp, Jr. (City Manager): Yes, sir, Mr. Chairman, members of the Commission. The Administration would like to defer item SR.3 to the June 9 Commission meeting. Chair Gort: SR (Second Reading) -- Mr. Crapp: SR.3, and withdraw RE.6. Chair Gort: Withdraw RE. 6. Mr. Crapp: Yes, sir. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 6 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Chair Gort: Okay. Yes. Vice Chair Carollo: I don't have a problem deferring SR.3. I just would like to ask why. This is with regards to what this Commission as a whole objectively pushed to support the neighborhoods in our cities, so I'm just curious why is the Administration -- Mr. Crapp: It was a request by the Mayor; he's not present today, and he requested that it be deferred. Vice Chair Carollo: Okay. Chair Gort: Thank you. Any other ones? My understanding -from the public we have someone that's -- you got it? Okay. All right, consent agenda. Ms. Thompson: I'm sorry, sir. If -- Chair Gort: Oh, we need a motion for this. Ms. Thompson: Do you want me to review which items -- Chair Gort: Yes, please. Let's go. Ms. Thompson: -- you'll be voting on? According to my notes here, we have RE.1 continued to June 23, PZ.1 will be continued at the PZ (Planning & Zoning) meeting for 60 days, SR.3 is actually being deferred to the June 9 meeting, and RE. 6 is being withdrawn. Chair Gort: Correct. Do you need a -- I need a motion. Do I have a motion? Commissioner Suarez: So move. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. City ofMiami Page 7 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 CONSENT AGENDA CA.1 RESOLUTION 11-00384 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Works AUTHORIZING THE CITY MANAGER TO ACCEPT ONE HUNDRED TWENTY (120) RIGHT-OF-WAY DEEDS OF DEDICATION, FOR FUTURE WIDENING OF STREETS IN THE CITY OF MIAMI; APPROVING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 11-00384 Summary Form.pdf 11-00384 Legislation .pdf 11-00384 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0210 CA.2 RESOLUTION 11-00385 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), and Recreation AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE INTER -AGENCY AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), (THROUGH THE DEPARTMENT OF PARKS AND RECREATION), THE SCHOOL BOARD OF MIAMI-DADE COUNTY, THE MIAMI-DADE AREA VI OFFICE OF THE FLORIDA DEPARTMENT OF EDUCATION, DIVISION OF VOCATIONAL REHABILITATION, AND MACTOWN, FOR THE PURPOSE OF CONTINUING THE NATIONALLY ACCLAIMED PROJECT SEARCH PROGRAM AT THE CITY, WITH SAID PROGRAM DESIGNED TO PROVIDE MARKETABLE JOB TRAINING AND SOCIAL SKILLS FOR YOUTHS WITH DISABILITIES, TO ACHIEVE THE GOAL OF SUSTAINABLE EMPLOYMENT. 11-00385 Summary Form.pdf 11-00385 Legislation.pdf 11-00385 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0211 Adopted the Consent Agenda City ofMiami Page 8 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. Chair Gort: Consent agenda. Do I have a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Gort: Been moved by Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: Consent agenda. Do I have a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Gort: Been moved by Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF CONSENT AGENDA PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 11-00387 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Community AUTHORIZING THE ALLOCATION OF THE FOLLOWING: COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $122,607, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS, IN THE AMOUNT OF $42,773, HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS, IN THE AMOUNT OF $72,558, NEIGHBORHOOD STABILIZATION PROGRAM FUNDS, IN THE AMOUNT OF $40,597, SECTION 8 PROGRAM FUNDS, IN THE AMOUNT OF $33,759, AND OTHER PROGRAM FUNDS IN THE AMOUNT OF $19,191, FORA TOTAL AMOUNT OF $331,485, TO THE RESPECTIVE DEPARTMENT OF COMMUNITY DEVELOPMENT ADMINISTRATION FUNDS FOR INDIRECT COST ALLOCATION, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 9 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 11-00387 Summary Form.pdf 11-00387 Public Notice.pdf 11-00387 Indirect Cost Rate Agreement.pdf 11-00387 Legislation.pdf 11-00387 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0212 Chair Gort: Public Hearing 1. George Mensah: George Mensah, director Community Development. Mr. Chair, PH.1 is a resolution authorizing the allocation of community -- CDBG (Community Development Block Grant) in the amount of 122, 607, HOME Investment Partnership, in the amount of 42, 773; Housing -- HOPWA (Housing Opportunities for Persons with AIDS) funds, in the amount of 72,558; NSP (Neighborhood Stabilization Program), in the amount of 40,597; Section 8 program funds, in the amount of 33, 759; and other program funds, in the amount of 19,191; for a total amount of 331,481 [sic]. And this goes to the Department of Community Development for allocation to the City for indirect cost. Chair Gort: Thank you. This is a public hearing. Anyone would like to speak on PH.1 ? Anyone on PH 1 ? Public hearing is closed. Commissioners? Commissioner Dunn: Mr. Chair? Chair Gort: Yes. Commissioner Dunn: I'd like to move this item. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Dunn, second by Commissioner Suarez. Any discussion? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I have a couple of questions. Chair Gort: Yes, sir. Vice Chair Carollo: First of all, is -- these are new monies into this current year budget, correct? Mr. Mensah: Yes. This will be new monies into this current year's budget. Yes. Vice Chair Carollo: So it's currently not in our budget. This is going to be new monies of 331,485? Mr. Mensah: That is correct. Vice Chair Carollo: And this is -- the intent of this money is to subsidize the salaries using a City ofMiami Page 10 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 PH.2 11-00388 Department of Community Development cost allocation method for the different departments, let's say GSA (General Services Administration), Finance, Budget, Law, so forth, correct? Mr. Mensah: That's correct, yes. Vice Chair Carollo: Okay. I just want to put it on the record to make sure that that's what this money is used for, to subsidize salaries -- payroll in these departments or any department based on the cost allocation method. Tony E. Crapp, Jr. (City Manager): Yes, sir. Vice Chair Carollo: Okay. Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $50,000 TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. AND $50,000 TO SUNSHINE FOR ALL, INC., FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY CDBG PROGRAM ADMINISTRATION FUNDS, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR A PERIOD FROM THE DATE OF EXECUTION, THROUGH MARCH 31, 2012, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL YEARS. 11-00388 Summary Form.pdf 11-00388 Public Notice.pdf 11-00388 Detail by Entity Name.pdf 11-00388 Legislation.pdf 11-00388 Exhibit 1.pdf 11-00388-Submitttal-Grady Muhammad -Map of Rehabilited and Contaminated Sites.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0213 Direction by Chair Gort to the Administration for the Community Development Department to meet with Mr. Simmons to explain the environmental review process associated with this item and see what can be done to expedite it. Chair Gort: PH.2. George Mensah (Director, Community Development): Mr. Chair, PH.2 is a resolution City ofMiami Page 11 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 authorizing the transfer of CDBG (Community Development Block Grant) funds, in the amount of $50, 000, to Allapattah Business Development Authority and another $50, 000 to Sunshine For All. And this is to provide housing quality standard inspection for Section 8 programs. Chair Gort: Thank you. Public hearings [sic]. Grady Muhammad: Good morning, Mr. Chairman -- Chair Gort: Yes, sir. Mr. Muhammad: -- Vice Chairman. Grady Muhammad -- staff. Miami -Dade First, CEO (Chief Executive Officer), 5800 Northwest 7th Avenue, Suite 212. We're here today -- I know you all might have thought Mr. Simmons would have been moved by now. He's still in his home. He has not been moved. They're saying they're waiting on the environmental. We went this morning to DERM (Department of Environmental Resources Management) to get -- to show that there's no contamination -- and I'll enter it into the record -- for his property. That's five months ago. Unfortunately, nothing has happened. He's still there with no lights, with no water, and they still have not moved him. And that's just -- when we have other resources. You all told them and directed staff to move him and nothing has happened. I know you all thought maybe he was already moved. Nothing has happened. And if they're waiting on the environmental in reference to anything that's contaminated or anything, we went to DERM this morning and got it. There is no contamination on his property. It's always been residential. But simultaneously, I'm going to let Mr. Simmons speak. Go ahead, sir. Chair Gort: Okay, thank you. Ted Simmons: Good morning, ladies and gentlemen, City Manager -- Chair Gort: Name and address, please, sir. Mr. Simmons: -- Commissioners. My name is T.R. Simmons; address 1035 Northwest 65th Street. I have been requested to make several things did, andl have followed the rules as asked to do so. Everything has been sealed and signed by me, but nothing have been delivered as of today. So I'm here to find out if someone to give me an answer of why, you know, nothing has been delivered to me. See, from my standpoint of view, put yourself in my position. This thing is really getting old to me, you know, going to my neighbors for a shower, to my friends across town to get a shower and all this stuff. It's getting old. And if anyone have an answer for me, I would like to hear it, please. Chair Gort: Yes, sir. Mr. Simmons: Thank you very much. Chair Gort: Thank you. You want to answer that. Mr. Mensah: Well, we have an environmental process and as he correctly stated, without the environmental process, you can't go. And the environmental process -- we have an environmental process which is required by HUD (Department of Housing and Urban Development). I think the environmental process that relate to DERM is just one of those environmental process. And we don't usually -- it's a form that DERM gives to us. It's not -- you know, we don't go to them and ask them what is it. The standard form, which is a requirement. It's not just DERM. We have historical -- we have other federal agencies that are involved in this environmental process. This is different from environmental, which is just looking at whether there's a contamination. HUD (UNINTELLIGIBLE) environmental is City ofMiami Page 12 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 entirely different. This is a process. It takes time. This is a new construction. It takes time and that's what we are doing. This -- (UNINTET,TIGIBLE) other grant is the -- Chair Gort: Okay. I'd like for somebody on your staff to please sit down with the gentleman so they can explain to him the process. Because I'm having the same problem and later on in the pocket item, I'm going to be addressing the -- Mr. Mensah: Yes. Chair Gort: -- some of these questions that comes up. I have the same problems, sir. Mr. Simmons: Excuse me, sir. Chair Gort: I have a -- excuse me, sir. Mr. Simmons: But I dare you to say that I -- Chair Gort: Sir. Excuse me, sir Mr. Simmons: -- live on a dump. Chair Gort: Sir, I have the floor at this time, please. Mr. Simmons: I'm sorry, sir. Chair Gort: Thank you. Appreciate it. You need to understand, I'm going through the same problem myself. I have a demolished -- want to demolish some property that have been there for ten years. We've not been able to do it because of the procedure we have going through. What I'm asking the gentleman is to have somebody from staff to sit down with you -- Mr. Simmons: Yes, sir. Chair Gort: -- and explain what the procedure is and see what they can do to expedite it. Mr. Simmons: Thank you. Chair Gort: Okay. Mr. Simmons: Thank you, Commissioner. Chair Gort: Yes, sir. Thank you. You got many other pocket items you can talk to. It's a lot of public hearings, okay. Mr. Muhammad: No. Chair Gort: This is a different issue we're addressing. Mr. Muhammad: No. I want to finish speaking -- Chair Gort: Okay. Go ahead. Mr. Muhammad: -- ifI could, Mr. Chair. For the record, this is what we've gotten from DERM this morning. City ofMiami Page 13 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Chair Gort: This is -- you're not addressing 1. Mr. Muhammad: Yes, I am, Mr. Chairman. Chair Gort: Okay. All right. Mr. Muhammad: This here is housing quality inspections. Housing quality inspections currently there is no entity within District 5 -- a couple Commission meetings ago, the LHAP, the local housing assistance plan was approved. East Little Havana, Allapattah Business Development Neighborhood Housing, Little Haiti. There has not been for the last ten years no agency contracted in the black community to assist black people to be able to get their homes like Mr. Simmons either renovated or replaced. There is no agency contracted in the black community to be able to help black folks become first-time home buyers so they have no idea none of these programs that the City has that they can be able to take advantage of. They have no record of it and we got the stop that. And again, I'm going to submit this because this is from DERM This shows there is no contamination. And this was given this morning. Otherwise, I could have gotten it -- paid $800 for what he's speaking about. Andl can get that done and it won't take (UNINTELLIGIBLE), but I'm going to enter this for the record. Chair Gort: Thank you, sir. Mr. Muhammad: Thank you. Chair Gort: Thank you. Next. Mike Suarez: Hi. Mike Suarez, 5201 Northwest 7th Street. I'm basically here to speak against the money being allocated to ABDA (Allapattah Business Development Authority). My issue with ABDA is, as we know, there's a former Commissioner who was arrested on corruption charges as a vice president. How is it that we can give over $50, 000 to ABDA today? We're putting that money in danger. I'm just here as a taxpayer to say that's not a good idea. I would like for you to discuss that. I think it's definitely -- you know, you're basically working against the public trust here. I wouldn't see why we would let an organization like that have $50, 000 of our taxpayer money. Obviously, as we heard the speaker, you know, services aren't being provided. You know, it's just -- it makes no -- absolutely no sense to me, but I would like this Commission to discuss whether that is a prudent idea as far as, you know, public policy to fork over 50 grand to someone like that or to an organization like that. Thank you very much. Chair Gort: Thank you, sir. Next. Richard Tapia: Good morning. Richard Tapia, 5077 Northwest 7th Street, Apartment 706, Miami, Florida 33126. Through the Chair, respectfully, I'm here to speak on PH.2, which is the matter at hand. The issue I have with this item, even though it's a good idea to provide these services, is I feel a lack of transparency in the way that the money is being allocated, especially concerning organizations that have had controversial pasts, and the feeling is that these organizations have not reformed themselves. In the case of ABDA, we've had the issue of Ralph Plaza where we had issues on how the money was allocated and the building of that project, and even one of the contractors coming under fire. So these are issues that I feel haven't been addressed properly. I want to know if they've had audited statements, if the City looks at their audited statements. I want to see what their balanced scorecard is and to their internal processes. I don't think any of that has been checked into. and to compound the situation even worse is we're in one of the worse recessions in our country's history, in this City's history and we're cutting back on essential life services and where money that could be allocated from Community Development Block Grants and for life services or life safety services are being used into an organization that I feel has some answers. There's no doubt that ABDA has done City ofMiami Page 14 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 some good things in the community in the past. I don't believe they're a total evil. There's been other organizations that have had trouble in the past as well, but these organizations have made an effort to win back the public trust. JESCA (James E. Scott Community Association) is one of these organizations that had some issues, and yet, they've done a lot to try to win over the public trust. I feel that in the case ofABDA, we haven't had that. We haven't had statements that had shown that they've reformed their books, that they're not hiring shadowy figures that have had past not only legal problems and criminal problems, but through the use of public money. And the fact that we would just allocate $50, 000 to an organization that has this type of history without any questions, without any audited statements, without any signs of reform -- Chair Gort: Okay. Mr. Tapia: -- if you look at the amount of money that ABDA has been allocated -- Chair Gort: Thank you, sir. You need to conclude. Mr. Tapia: I'll wrap it up. One of the things that, you know, got me in front of this Commission -- and you know I don't come here a lot -- Chair Gort: Right. Mr. Tapia: -- is the fact that this is for housing inspections, quality inspections services. One of the things that ABDA was investigated for is because they didn't inspect the properties correctly in Ralph Plaza. They basically built three walls and didn't complete the project till years and years and years later, and it took state and federal intervention in order to do it. That is my issue with this today. Thankyou. Chair Gort: Thank you. Mr. Mensah: Can I -- Mr. Tapia: And if the City would like -- Chair Gort: Thank you. Mr. Tapia: -- to meet with me, I'll be more than happy to. Chair Gort: Thank you. Mr. Tapia: Thankyou. Chair Gort: Yes, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street, chairman and founder ofABDA, Allapattah Business -- which is (UNINTELLIGIBLE) because we take care of everything in District 1 property and also in District 5 because that part of District 5 used to be in Allapattah before, okay, that 12 Avenue and 38 Street, so that's it. And this is our money. This is taxpayers' money. And Allapattah is the second giving district in the City ofMiami 'cause all those businesses that they don't have homestead exemption. Andl don't pay taxes to the City, but like today, it cost me money to be here 'cause I could be taking my computer classes and the whole thing, being paid by the Department of Labor (UNINTELLIGIBLE) right here. Andl resent the lies that people say that Mr. Gonzalez -- name names. Angel Gonzalez was arrested in corruption charge when he resigned the position to save his daughter of the problem that she got, he was acting like a father, like I act like a father. You got three daughters. You -- I City ofMiami Page 15 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 (UNINTELLIGIBLE). You would act like a father like me. Something bother -- somebody bothers my family, I take care of (UNINTELLIGIBLE). And ABDA have a track record. You go there to Allapattah. These people, they never go to Allapattah. They live on 70th Street there, close to Antonio Maceo Park, looking at the Blue Lagoon. They never go to Allapattah. Come to the street there. Come there to Allapattah, okay. And we have -- we stating on record and everything being done properly because I've been in Community Development since 1976 andl read the papers. I am a lawyer too, like Sarnoff there and Mr. Suarez here. I don't -- andl got in case law, anything you ask. Jurisprudence, everything. Whatever you want to. Thank you very much. Chair Gort: Thank you, sir. Mr. Cruz: And we stand our record. Chair Gort: Thank you. Anyone else? Victor Seijas: Good morning, Commissioners. My name is Victor Seijas. I'm deputy director with the Allapattah Business Development. I'd like to clam a statement that Mr. Richard Tapia has just mentioned about funds being stopped for Ralph Plaza I. Back in '97 there was a mistake from the Miami -Dade Housing Agency that they had been approved -- I mean, ABDA had been approved by the mistake of a reading of a document, they stopped the funding, not because of malfunction. And those 21 units were finished in 2003. I moved 21 low-income families. One of those families have foreclosed on the property and everybody else is living there. Ralph Plaza I was completely sold out in 2004. Ralph Plaza II was completely sold out in the beginning in 2008. I -- the only gentleman that is present at this Commission now that was a witness to all the requests that ABDA made is Commissioner Sarnoff. You might remember the Royal Ralph Plaza II. But just as a matter of correction from what Mr. Tapia mentioned, the truth of the matter is that it was a mistake from Miami Dade Housing Agency that stopped the funding. Andl want to thank you. I don't know ifMr. Sarnoff remembers all the hassles because he did assist us in that. May God bless you, and thank you. Chair Gort: Thank you. Anyone else? Yes, sir. Mr. Mensah: George Mensah again. I just wanted to correct the record about some of the statements that was made here. First, the Ralph Plazas I and II were completed. In the case of City ofMiami, there was no federal issue or no state issue that allowed it. The project was completed. Two, these fundings was provided as a result of a request for proposals. We had request for proposals and these two agencies were the ones that scored the two highest and that's why they were selected. And in our review of (UNINTELLIGIBLE) proposal we ask a lot of questions, including financials. And ABDA has been providing the audited financial statements every year and they are not delinquent on any issue with the City. So I just wanted to correct the record on that. Chair Gort: Thank you. Let me ask you a question 'cause statements were made here about the certain community not receiving the benefits that there are. Any time we have an RFP (Request for Proposals), from my understanding, it's open to all the residents within the City ofMiami -- Mr. Mensah: Yes. Chair Gort: -- all businesses within the City ofMiami. Mr. Mensah: Yes. Chair Gort: Let's make sure that we can get that information out to everyone so everyone has City ofMiami Page 16 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 an opportunity to apply for it, okay. Mr. Mensah: Yes, I will. Chair Gort: Close the public hearings [sic]. Discussion. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Dunn: I have a pretty good history ofAllapattah Business Development Authority. A gentleman who sort of mentoned me -- I think it's necessary for me to put this on the record just in case -- and I'm sure there's no conflicts -- the late Mr. Ralph Packingham. I think the name Ralph Plaza was mentioned. It's very dear to me because he sort of took me under my -- under his wings. He was an African American who was in fact on the board of the Allapattah Business Development Authority. And just to give a brief historical overview of the property that was aforementioned in terms of Ralph Plaza I and II, that property in fact -- correct me if I'm wrong, Mr. Chair, or those who may be privy to this -- was in fact Mr. Ralph Packingham's property. And he ran into some problems and they got it legislatively moved at the time by the old Commission of -- Commissioner -- the late Commissioner Miller Dawkins in that land, and that's why they named it Ralph Plaza. I have been very knowledgeable and very keen in terms of knowing the history ofAllapattah Business Development Authority, and one of the things I think that -- I hope that we would set a decorum -- sometimes because a person who may or may not be affiliated with an organization may or may not have problems, it is somewhat unfair to impugn the entire organization, and it may not even be connected to what the discussion matter is. I don't think anyone could dispute the fact that Allapattah Business Development Authority has done good work in Allapattah. If you look at -- and I'll cease 'cause that's your district, Mr. Chair. But 20th Street probably was developed greatly because of the vision and leadership of the Allapattah. So with that being said, I would like to move this item. Chair Gort: Okay, there's a motion. Is there a second? Second by Commissioner Suarez. Motion by Commissioner Suarez, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. PH.3 RESOLUTION 11-00389 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO TAMPA ELECTRIC COMPANY, A FLORIDA CORPORATION (D/B/A/ PEOPLES GAS SYSTEM), FORA PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OF AN APPROXIMATELY NINE (9) FOOT WIDE BY TWENTY ONE (21) FOOT LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT NORTHWEST 3RD STREET AND NORTHWEST 16TH AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS THE ORANGE BOWL COMPLEX), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE INSTALLATION, MAINTENANCE AND REPAIR OF NATURAL GAS FACILITIES OVER, UNDER AND UPON SAID FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. City ofMiami Page 17 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 11-00389 Summary Form.pdf 11-00389 Notice to the Public.pdf 11-00389 Legislation.pdf 11-00389 Exhibit 1.pdf 11-00389-Submittal-Grady Muhammad.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0214 Chair Gort: PH.3. Madeline Valdes (Director): Good morning. Madeline Valdes, Department of Public Facilities. This resolution authorizes the City Manager to execute a grant of easement to Tampa Electric Company, also known as -- or doing business as People's Gas System, for a 9-foot by 21-foot easement along Northwest 3rd Street and 16th Avenue. This is for natural gas. Are there any questions? Chair Gort: This is a public hearing. Anyone in the public would like to address this? Oh, okay. Grady Muhammad: Good morning, again, Mr. Chairman, Vice Chairman. Grady Muhammad, CEO (Chief Executive Officer) ofMiami-Dade First. Public facilities. What have in my hands is a public facility, city -owned building called Miami Dream Homes. As of yesterday, it was five years since the City Commission voted to change it from a single -story house to a three-story building. This is a public facility that the Community Development would own. Chair Gort: Are you addressing PH.3? Mr. Muhammad: Yes, sir. This is public facilities. Chair Gort: The gas and the easement. Mr. Muhammad: Public facilities, correct, Mr. Chairman? Chair Gort: You're talking about the easement. Are we talking about the easement we're talking about today? Mr. Muhammad: The easement should be definitely without question granted for the Orange Bowl and TECO (Tampa Electric Company) Energy without question -- Chair Gort: All right, good. Mr. Muhammad: -- Mr. Chairman. The easement must be granted because -- Chair Gort: All right. Mr. Muhammad: -- we have to be able to ensure the Marlins -- the new Marlins Stadium -- Chair Gort: That's the issue. Yes. Mr. Muhammad: -- be completed. So without question, we must grant the easement expeditiously, Mr. Chairman. And again, I'll submit this for the record. Thank you all. City ofMiami Page 18 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Chair Gort: Thank you. Anyone else in the public would like --? Okay, being none, we close the public hearings [sic]. Do I have a motion? Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Gort: Been moved by Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Commissioner Dunn: Just for the record, I, at the correct time -- not related to this -- would like to address some of the issues that Mr. Muhammad mentioned because I have -- I do have some concerns. Where's Mr. Manessa [sic]? I mean, George. He stepped out. Okay, I would like to address it, but at the appropriate time, so I do favor this item. Chair Gort: Thank you. No further discussion. All in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Valdes: Thank you. PH.4 RESOLUTION 11-00390 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A)(1) 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 PROCUREMENT OF TWO (2) AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM REVIEW STATIONS AND ONE (1) YEAR OF MAINTENANCE FROM MORPHOTRAK, INC., FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $42,740; ALLOCATING FUNDS FROM THE FISCAL YEAR 2010 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM, AWARD NO. 1726, PROJECT NO. 19-193004 AND ACCOUNT NO. 12500.191602.664000. 11-00390 Summary Form.pdf 11-00390 Sole Source Findings.pdf 11-00390 Notice of the Public.pdf 11-00390 Sole Source Request Information.pdf 11-00390 Letter of Department of Justice.pdf 11-00390 Pre-Legislation.pdf 11-00390 MorphoTrak Quote.pdf 11-00390 Certificate of Liability Insurance.pdf 11-00390 Letter of Sole -Source Justification.pdf 11-00390 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 19 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 R-11-0215 Chair Gort: PH.4. Kenneth Robertson (Director): Good morning, Commissioners. Kenneth Robertson, Purchasing Department. PH.4 is a resolution, by a four fifths affirmative vote, approving and confirming the City Manager's finding of a sole source, waiving the requirements for a competitive sealed bidding, and approving the procurement of two automated fingerprint identification system review systems and one year of maintenance from Morphotrak, in an amount not to exceed $42, 740. Chair Gort: Okay. This is a public hearing. Is anyone to address PH.4? Is anyone to address PH.4? Close the public hearings [sic]. Commissioners. Commissioner Suarez: Move it. Commissioner Dunn: Second. Vice Chair Carollo: Second for discussion. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Sarnofffor discussion. You're recognized, Vice Chairman. Vice Chair Carollo: Thankyou, Mr. Chairman. My question is why waive competitive bidding. If you could give me some insight on why should we waive competitive bidding? Mr. Robertson: The City ofMiami has maintained a sole source maintenance and service agreement of the AFIS (Automated Fingerprint Identification System) and Omnitrak systems at Police from Printrak, now known as MorphoTrak, since the purchase of the original equipment in 1996, pursuant to resolutions 96-627 and 09-0166. MorphoTrak is the manufacturer of the existing AFIS substation, software applications, and the latent search system units, and therefore is the only provider for this agreement. Vice Chair Carollo: Thankyou. Chair Gort: Okay. Any further questions? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Robertson: Thankyou. PH.5 RESOLUTION 11-00340 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS General Services (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 (A)(1) AND Administration (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 City ofMiami Page 20 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 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 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-11-0216 Kenneth Robertson (Director, Purchasing): PH.5 is a resolution, by a four fifths affirmative vote, ratifying, approving, and confirming the City Manager's finding of a sole source, waiving the requirements for competitive bidding, and approving the procurement of services and replacement parts equipment for the automated computerized fuel facility system called FuelOmat for the Departments of General Services Administration and Fire -Rescue from AHA (Alex Hernandez andAlina) Electronic and Fuel Systems, sole source provider, on an as -needed contractual basis for one year, with two additional one-year options. Commissioner Suarez: Move it. Vice Chair Carollo: Second for discussion. Chair Gort: Moved by Commissioner Suarez, second by Vice Chairman Carollo. Priscilla A. Thompson (City Clerk): Mr. Chair, would you --? Chair Gort: This is a public -- yes, ma'am. Ms. Thompson: I was just going to ask if you wanted your public hearing before your discussion. Chair Gort: It is a public hearings [sic]. Anyone would like to address this issue? Being none, close the public hearing. Vice Chairman. Vice Chair Carollo: Thank you. Same question, why should we bid -- why should we waive competitive bidding? Mr. Robertson: The FuelOmat fuel management system is proprietary, and the sole authorized distributor to South Florida is AHA Electronic and Fuel Systems. The estimated contract City ofMiami Page 21 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 amount is $28, 000. Vice Chair Carollo: Thank you. Chair Gort: Okay, any further questions? I have a -- since we are talking about the gas and we can see the prices going up and down, but I believe they're going to continue to go up. You know, I see a lot of the City vehicles stop in places with the engine running, andl can understand it's very comfort [sic] to come back and have the air conditioner on. I -- when I stop anywhere, I shut my car off. And let's see if we can do something about that. Tony E. Crapp, Jr. (City Manager): We'll do that, Mr. Chairman. We're also going to do another comprehensive review of all the cars to make sure that everyone who has a eight -hour car and a twenty -four-hour car is justified, so we'll make sure we do that at the same time. Chair Gort: Thank you. Okay, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Robertson: Thank you. Julie O. Bru (City Attorney): And just to keep the record clear, this is -- oh, that wasn't an ordinance. I'm sorry. Chair Gort: Yeah. Okay. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 ORDINANCE Second 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 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 13266 Chair Gort: SR.1. City ofMiami Page 22 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Nzeribe Ihekwaba (Director): Good morning. Zerry Ihekwaba, Public Works. SR.1 is an amendment of Chapter 54-191, entitled Temporary Encroachments, to permit previously permitted accessory structures within the dedicated public right-of-way. Currently, the City code provides a procedure for long-standing encroachments to be permitted. However, it only applies to a fence, wall, and landscape hedges. This amendment would allow previously permitted accessory structures, such as awnings, any swimming pool, or sheds that were permitted by the City ofMiami prior to March 24, 1983. Any question? Chair Gort: Thank you. Is there a motion? Commissioner Sarnoff. So moved. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Vice Chair Carollo: Discussion. Chair Gort: Question. Discussion. Vice Chair Carollo: Thank you, Mr. Chairman. Is there any current issue that you know of that this will apply? Mr. Ihekwaba: Yes. Vice Chair Carollo: Could you elaborate and tell me about the issue? I'm just -- you know, when I read this over the last few days, I was wondering, there has to have an issue why this is coming up because I don't think someone would just out of blue say, hey, you know what; we need to change this, so I want to know what's the issue that's coming up and so forth. Because, you know, you're mentioning pools, awnings -- I don't have a problem with awnings -- swimming pools, sheds, and so forth, and l just want to know how much right-of-way we could possibly lose or what or -- if you could elaborate a little bit. Mr. Ihekwaba: Okay. In March -- Sometime in March 2011, the City's Department of Public Works received correspondence from the law firm of Weiss Serota Hellman Pastoriza Cole and Boniske inquiring about the status of a swimming pool at the address of 3909 La Playa Boulevard. Vice Chair Carollo: I'm sorry, 39 -- Mr. Ihekwaba: -- 09 La Playa Boulevard. Chair Gort: Where's that? Mr. Ihekwaba: What happened is that -- Vice Chair Carollo: I'm sorry. Chair Gort: Where's La Playa Boulevard? Mr. Ihekwaba: I think it's in the Grove area in District 2. Chair Gort: La Playa Boulevard? City ofMiami Page 23 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Mr. Ihekwaba: Yeah. Commissioner Sarnoff. Yeah. It's right by the Golden Triangle. Mr. Ihekwaba: It's by -- hang on a sec -- intersection of Ventura Avenue and Sonata Avenue and La Playa, which is in the Grove. Commissioner Sarnoff. You know where the Plymouth church is? Chair Gort: Right, right, right. Commissioner Sarnoff. If you guys would just go a little bit west, slightly south; right there. Chair Gort: Okay. Mr. Ihekwaba: And this particular swimming pool had a building permit dated 1955 and also has a certificate of use and occupancy, dated December 29, 1955. And due to what you have currently in the City code, there would not be granted any permits for any type of upgrades, remodeling, or even any change of ownership would not be permitted, unless the encroachment is removed. So what this ordinance does is to enlarge the current regulation to accommodate those previously permitted structures that are in dedicated section of the public right-of-way. However, if you read through the amendment, it also requires that if the City Commission so desires that those encroachments should be removed, the owner has 30 days to remove them, at no cost to the City. Vice Chair Carollo: I'm sorry; restate that again. I'm sorry, Zerry. Restate that again. Mr. Ihekwaba: The current ordinance requires that any temporary encroachments that the City Commission determines to be removed and the director of Public Works notifies the owner, they have 30 days to remove the encroachments. Vice Chair Carollo: How would the City Commission know, though? Mr. Ihekwaba: Usually, what triggers is when there is an application for building permits and a determination is made. Vice Chair Carollo: I don't know this property, 3909 La Playa Boulevard, and you know, I would definitely yield to the district Commissioner on this. You know, I just -- we're changing it for everybody, City -- Mr. Ihekwaba: Yes. Vice Chair Carollo: -- wide. That's where I'm, you know, a little bit of concerns. I don't mind doing a waiver for this property or so forth, again yielding to the district Commissioner. I just don't know if we should do it citywide for -- now this is the way it should be. And you know, I'd like to listen to my colleagues, see what they think. Actually, from the district Commissioner since it's actually -- this is affecting his district. Commissioner Sarnoff. This was brought to me by Public Works. It was brought to me equally by the law firm. This is what you proposed would work. On a citywide basis, if somebody had taken a -- was given a permit and got a CU (Certificate of Use) many, many years ago and now our code, in one way or another, tries to make it an illegal or something of an unauthorized use, it seems like -- and I'm going to use a word that -- equitable estoppel or some equity that City ofMiami Page 24 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 somebody got a permit 1955, some City ofMiami person theoretically went through the code and said this is an appropriate place to put a pool, an awning, even a structure of a house, if you think about it, and now that person is about to sell that property. You know, the parents owned it, mom and dad or whatever, and the new folks come in and say, wait a minute. You got a -- part of your property, a pool, awning, driveway awning, even an addition to the house that appears to be illegal. You say, no, I don't, because I got a City ofMiami permit, I got a CU, and then I have a CO (Certificate of Occupancy). They've looked at this and they've studied it and they've given me these documents. The rationale behind it is that you go back that far -- I wonder if it's not good policy, actually. I understand your concern andl certainly actually applaud you for bringing it up, which is isn't there a more discrete way to deal with this particular piece of property? I asked that question equally and there was not a more discrete way, as I understood it, and then I thought from a policy standpoint, it was your district or if it was Commissioner Suarez's district -- somebody came to us and said, my folks own this house and was born in it for five, ten years after they purchased it. In 1956 they got a building permit to put a awning for a garage or, you know, an awning for a carport, and it -- in the years it's become attached to the house and, you know, I'd like to be able to sell this without having a bank or a person come to me and try to negotiate with me saying it's worth less money because under the laws existing today, you wouldn't be allowed to have this structure. So it is a form of grandfathering of some mechanism and it's done on a policy basis because some official in the City ofMiami many years ago theoretically did his due diligence, went out there, looked at what was being built, constructed and -- Vice Chair Carollo: Approved it. Commissioner Sarnoff.. Yeah, exactly. Vice Chair Carollo: Approved it. Commissioner Sarnoff.. So it's sort of an estoppel argument. Chair Gort: Let me give you an example. My house was built in 1936. Commissioner Sarnoff.. Do you have a 40-year cer -- no, I'm just kidding. Chair Gort: Their barbeque -- the barbeque that was created at that time, the roof goes into next yard, so when the people behind me bought the house and they had a title search, they had a problem because my roof is going into their yard. But the (UNINTELLIGIBLE), it was grandfathered in, so there's nothing they can do because they have the permit, the whole works. So this affects a lot of our old neighborhood also because a lot of the structures that been done in our neighborhoods, especially our oldest neighborhood, they were in compliance with the ordinance at that time. In some places they don't even have ordinance when they were built. So I don't see any problem, especially when you can remove it. If we have a problem with it, we can remove it within 30 days at their expense. Vice Chair Carollo: And one more question, Mr. Chairman, if you allow me? Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. Why this date of March 24, 1983? Any -- you know, any structure or accessory structure built prior to March 24, 1983. Why is this date the chosen date? Mr. Ihekwaba: This date is actually what you have in the current code. That was the date the City Commission adopted Ordinance 9583 that codified the entire base building lines as well as City ofMiami Page 25 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 the subdivision improvement process and transferred the process from the zoning ordinance to Chapter 55-55. Vice Chair Carollo: Okay. I don't have any further questions. Thank you. Chair Gort: Okay. Mariano, public hearing was closed. Mariano Cruz: Well -- Priscilla A. Thompson (City Clerk): No. I'm sorry, Chair. Mr. Cruz: PH.1? Vice Chair Carollo: SR.1. Tony E. Crapp, Jr. (City Manager): SR.1. Chair Gort: SR.1. Mr. Cruz: FR.1. Ms. Thompson: SR.1. Mr. Cruz: Let me see. Chair Gort: Second reading. Commissioner Sarnoff. Page 10. Mr. Cruz: Second reading. No, no. SR.1. Well, I talk in SR.2 whenever it come; it's the same. Chair Gort: No, no, no. This is SR.1. Mr. Cruz: Okay. But I go on SR.2. SR.1 is -- I would say it will apply to both of them. Mariano Cruz, 1227 26th Street. I'm chairman of Allapattah Business Development Authority. We are having some problems with Public Works of the County and the DOT (Department of Transportation) and all that because, see, 17 Avenue is a major arterial. That's County Public Works. And you know what they have done now? After spending months fixing 17th Avenue, they coming back breaking everything and started making the sidewalks ADA (Americans with Disabilities Act). What's that? Solution come. They didn't -- they couldn't do it before. Now 36th Street is a state road and a federal highway, Highway 27. And you know what happened with the problem. Not with the City ofMiami Public Works; they do good. When I call there, David Hernandez come and solve the problems or whatever because they are public servant. They respond to the public, and Nzeribe too. And you know what they have done the -- of the Miami Parking Authority, put a parking meter. They removed some -- they going to remove all of them without consulting or asking permission to Public Works of the City or Public Works of the County. Or they come and they put the parking meters there because they want. And remember, Allapattah is a big taxpayer to the City, the County, or to (UNINTET,TIGIBT,F). Not only that, you supposed to ask Public Works, can we put the parking meter there or something (UNINTELLIGIBLE), and then Public Works authorize the Parking Authority to put the parking meters. No. With the situation that we got, economically, they go there to the (UNINTELLIGIBLE). If you get a ticket, $18 ticket in a business to drink a $0.50 coffee, you never come back to Allapattah. City ofMiami Page 26 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Chair Gort: Mariano. Mr. Cruz: You go back to a mall. Chair Gort: Mariano, SR.1 doesn't deal with that. Mr. Cruz: No. I agree with it. Chair Gort: Okay. Mr. Cruz: Put some teeth -- Chair Gort: Fine. Mr. Cruz: -- in that ordinance -- Chair Gort: Thank you. Mr. Cruz: -- that could be enforced. Chair Gort: We have discussed with Public Works the -- that people have to ask for permission Mr. Cruz: I know. I spoke before. Chair Gort: -- and they got to talk to us before doing that. That's why some -- Mr. Cruz: But this happening in between. Chair Gort: -- so that's why some are being removed, okay. Mr. Cruz: Okay. And we are -- Chair Gort: Thank you. Mr. Cruz: -- I am for Public Works getting some teeth. And people have to go to Public Works because we don't -- not only pay the tax; we pay for the front. On the front of the property, so many feet for the clean out over there on the street. Chair Gort: Thank you, Mariano. Mr. Cruz: Thank you. Chair Gort: Okay, SR.2 [sic]. Well, we -- this is an ordinance, too. So we had a motion? Ms. Thompson: I'm sorry, Chair. Would you like to close your public meeting [sic]? Chair Gort: It's closed. Ms. Thompson: You have your -- you have a mover and a seconder already. And yes, this is a second reading ordinance. Chair Gort: Okay, second reading. City ofMiami Page 27 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Julie O. Bru (City Attorney): Mr. Chair. The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Roll call. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. Chair Gort: Thank you. SR.2 ORDINANCE Second 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 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 13267 Chair Gort: SR. 2. Nzeribe Ihekwaba (Director, Public Works): SR.2 is an ordinance to provide a waiver of permit fees procedure for construction, reconstruction and maintenance of certain Miami -Dade County Public Works roadway improvement projects within the City ofMiami limits. These highway improvement projects are typically done by the County, at no cost to the City of Miami, and beneficially serve City residents and businesses. The amendment would complement existing Miami -Dade County code procedure as outlined in Chapter 2 of the Miami -Dade County code that provides for a procedure for waiver of permit fees. The direct benefit to City ofMiami is that it creates the mechanism for us to receive reciprocal waivers for CIP (Capital Improvement Programs) projects and perhaps for public facilities, so far as they are related to Public Works. Public Works has -- will be tracking all the permit fee waivers and will provide a summary at the end of every fiscal year in order to track the fiscal impacts of this measure. Any questions? Chair Gort: Well, I'd like to make sure that the -- our inspectors, when they finish -- supposedly they finish, they make sure that it was done according to our City codes -- City ofMiami Page 28 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 S R.3 11-00328 Department of Building and Zoning Mr. Ihekwaba: Okay. Chair Gort: -- and they're in compliance with our City requirements. Okay, SR.2 is a public hearing. Anyone would like to address SR.2? It was addressed already, okay. We close the public hearings [sic]. Do I have a motion? Vice Chair Carollo: So moved. Commissioner Dunn: Second. Chair Gort: It's been moved by Chairman Carollo, second by Commissioner Dunn. 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 by adopted on second reading, 4-0. Chair Gort: SR. 3. Ms. Thompson: That has been con -- Vice Chair Carollo: That's been deferred. Chair Gort: Deferred, okay. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", BY AMENDING DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00328 Summary Form.pdf 11-00328 Legislation .pdf 11-00328 Summary Form 04-21-11.pdf 11-00328 Email -Billboards 04-21-11.pdf 11-00328 Legislation (Version 3) 04-21-11.pdf 11-00328-Submittal-Grace Solares-Map Of Area To Be Affected By Proposed Legislation.pdf 11-00328-Submittal-Administration-Update By Intergovernmental Affairs Liaison On HB 1363.pdf 11-00328 Summary Form SR 06-09-11.pdf 11-00328 Legislation SR (Version 5) 06-09-11.pdf 11-00328 Exhibit 1 SR 06-09-11.pdf 11-00328-Submittal-Ashley Chase -Official Statement By The Miami River Commission.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. City ofMiami Page 29 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 FR.1 11-00422 District 5 - Commissioner Richard Dunn II Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item SR.3 was deferred to the Commission Meeting scheduled for June 9, 2011. END OF ORDINANCES - SECOND READING ORDINANCE - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS/OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD," MORE PARTICULARLY BY AMENDING SECTION 2-1052(2)(F), ENTITLED "MEMBERSHIP", TO ALLOW FOR AN ALTERNATIVE METHOD TO FILL BOARD VACANCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 11-00422 Summary Memo FR/SR.pdf 11-00422 Legislation FR/SR.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, 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 Chair Gort: FR.1. Tony A. Crapp (City Manager): FR.1 amends the legislation for the Overtown Advisory Board. Previously, there was a requirement for the City Clerk to give notice, correct, Madam Clerk? Priscilla A. Thompson (City Clerk): That is correct. The process requires that we actually advertise -- pay for an advertisement in the paper, collect applications, and then the process is to post those applications online and make them available to the public for review. You're absolutely correct, sir. Mr. Crapp: Right. And this would allow the district Commissioner to make the appointments without the notice, which is a cost to the City. Commissioner Dunn: Mr. Chair. Chair Gort: Yes. Commissioner Dunn: Move it. Chair Gort: It's been moved by Commissioner Dunn -- Vice Chair Carollo: Second. Chair Gort: -- second by Commissioner -- by Vice Chairman Carollo. Public hearing. Anyone would like to address this item? Public hearing's closed. Discussion? Read it. Julie O. Bru (City Attorney): Mr. Chair. City ofMiami Page 30 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 RE.1 11-00203 Department of Capital Improvements Program The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Gort: Thank you. RE.1 has been withdrawn. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") AMENDED 2010-2011 MULTI -YEAR CAPITAL PLAN ("PLAN"), WHICH INCLUDES THE PROJECTS IN DISTRICT 3, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2010), AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 11-00203 Summary Form.pdf 11-00203 Legislation.pdf 11-00203 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.2 11-00269 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED FEBRUARY 1, 2011, PURSUANT TO INVITATION FOR BID NO. 260254, FROM COMMERCIAL ENERGY SPECIALIST, INC. FOR GROUP 1, AND FROM PRO STAR POOL SUPPLIES FOR GROUP 2, AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON A GROUP -BY -GROUP BASIS, FOR THE PROVISION OF SWIMMING POOL CHEMICALS AND SUPPLIES AND BULK LIQUID CHLORINE AND STORAGE TANK RENTAL, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 31 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 11-00269 Summary Form.pdf 11-00269 Award Recommendation Form.pdf 11-00269 Tabulation of Bids.pdf 11-00269 Invitation for Bids.pdf 11-00269 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez R-11-0217 Chair Gort: RE.2. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. RE.2 is a resolution regarding the chemicals for the pools. Chair Gort: Okay. Do I have a motion? Vice Chair Carollo: Mr. Chairman, before any motion, can I ask a question? Chair Gort: Sure. Vice Chair Carollo: And don't know if Mr. Burkeen is the right person to ask or if we need the Budget director. Has this amount been budgeted for the current year? Mr. Burkeen: Yes. Vice Chair Carollo: Do you know what's the actual amount that was spent last year, the actual? Mr. Burkeen: No. Vice Chair Carollo: Is it possible to obtain that amount before we vote? Tony A. Crapp (City Manager): Yes. We'll get the Budget director out here. One second. Vice Chair Carollo: Thank you. Chair Gort: Okay, so we table it for now. Vice Chair Carollo: Thank you. [Later..] Chair Gort: Okey-doke. We now adjourn and -- Tony A. Crapp (City Manager): Excuse me, Mr. Chairman. Vice Chair Carollo: We have to wait till 2 p.m. Chair Gort: Yes. Mr. Crapp: I'm sorry. We have the number for RE.2, if you all would allow us to bring that City ofMiami Page 32 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 back? It's up to you. Chair Gort: RE.2. Commissioner Dunn: That's -- Mr. Crapp: The swimming pool item. Vice Chair Carollo: Sure. Chair Gort: Sure. Mirtha Dziedzic (Director): Good morning. Mirtha Dziedzic, Budget Department. There were two vendors used for pool supplies in fiscal year '10. The first one was Commercial Energy Specialists, and they spent $227, 000 last year. The second vendor was ProStar Pool Supplies, and they spent 9,400 with that vendor. Chair Gort: My understanding is, one contract, two vendors; one for two hundred and -- Ms. Dziedzic: Two hundred and twenty-seven thousand. Chair Gort: -- two hundred and twenty-seven, and another vendor for fifty thousand. Ms. Dziedzic: Ninety-four hundred is what they -- Chair Gort: Ninety-four hundred. Ms. Dziedzic: -- actually spent last year. Vice Chair Carollo: Okay. Listen, with the information you provided, I mean, although I may be in disagreement andl could probably go into it a little bit more, you know, I don't think at this point it's worth doing, and you know, I'm going to make a motion to approve RE.2. Chair Gort: Moved by Vice Chairman Carollo -- Commissioner Dunn: Second. Chair Gort: -- second by Commissioner Dunn. All in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Dziedzic: Thank you. Chair Gort: Any other items you'd like to bring? You want to discuss the bond? Do you want to wait until 2 o'clock? Vice Chair Carollo: Two? Commissioner Dunn: Two. Yeah, that's fine for me. Chair Gort: Come back at 2. Commissioner Dunn: All right. Chair Gort: Two sharp. City ofMiami Page 33 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 RE.3 11-00284 Department of Information Technology RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACQUISITION OF PROPRIETARY SOFTWARE MAINTENANCE AND SUPPORT SERVICES FOR CITYVIEW SOFTWARE, FROM MS GOVERN, A DIVISION OF N. HARRIS COMPUTER CORPORATION, PURSUANT TO CHAPTER 18, SECTION 18-86(3)(D), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FORA FOUR (4) YEAR PERIOD, AT A PROPOSED ANNUAL AMOUNT NOT TO EXCEED $30,339 PER YEAR; ALLOCATING FUNDS FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY, ACCOUNT CODE NO. 00001.251000.546000.0.0, WITH FUTURE YEARS' FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS FROM THE INFORMATION TECHNOLOGY DEPARTMENT'S OPERATING BUDGET, STRATEGIC REVENUES, OTHER VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, GRANTS, AND THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 11-00284 Summary Form.pdf 11-00284 Letter MS Govern Software .pdf 11-00284 Escrow Agreement - CityView Software. pdf 11-00284 Legislation.pdf 11-00284 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0218 Chair Gort: RE.3. Derrick Arias (Assistant Director, Information Technology): Good morning, Commissioners. This resolution is for approval of a -- Chair Gort: Excuse me. Mr. Arias: Sony. Chair Gort: Who you are. Mr. Arias: Derrick Arias, acting director of IT (Information Technology). The resolution before you is to approve a licensing maintenance and support agreement with MS (Management Solutions) Govern. This is for the application Cityview used by the Code Enforcement Department. This is their primary business application. This amount covers the actual license, which, as of today, expires at the end of July, and maintenance and support on an ongoing basis. This will provide us up to four years. Chair Gort: Okay. I have a questions [sic] -- and -- for ourself, our benefits [sic], and benefits of the people here present and people listening to this. Can you walk us through the process because I'm not knowledgeable about the whole computer system and how we going to City of Miami Page 34 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 improve our communication among our department because it's something that I'm going to bring up later on as a pocket item, how we communicate and speak with each other using our software system. Mr. Arias: So the biggest part of that, I think, has to do with the financial systems integration. As you know, we have Oracle, E-Business for all of our financials. A lot of what we are currently working on involves bringing other departments into the Oracle environment, if you will. On our priority list right now is implementing Hyperion, which is the Oracle components for budget, so we're working with Mirtha and the Budget Department on that. We're also working with Alice Bravo and CIP (Capital Improvement Programs) to implement the project and grants accounting to have CIP utilizing that as well and get them off of what they have been using for years, which is a separate stand-alone system, Trax (phonetic). So in a -- this addresses your specific question, which is how we, you know, improving that communication. Today we have a lot of separate applications that don't necessarily talk to each other, and we're trying to integrate those applications so that we get a better flow of information between these systems and can more quickly produce, for example, in these cases, financial information. Chair Gort: So our goal is to get all the departments to be able to communicate with each other. Mr. Arias: Where it's possible. I mean, there -- I think we have so many applications that it really isn't practical for all of these to talk to each other and they don't necessarily need to talk to each other, but you do have cases clearly where you do want that to happen because it helps efficiency. So departments that work together, such as Building, Planning, Zoning -- Chair Gort: Right. Mr. Arias: -- Code Enforcement, if they are utilizing systems that are integrated, that helps them greatly because they need information as to what each other are doing. Chair Gort: Well, mainly with the grouping of the departments, they have to work with each other. That's mainly the main concern. Mr. Arias: Exactly. Chair Gort: Okay. I don't -- any other questions? Discussion? Do -- we had the motion or --? Commissioner Dunn: So moved. Chair Gort: Commissioner Dunn -- moved by Commissioner Dunn -- Commissioner Sarnoff.. Second. Chair Gort: -- second by Commissioner Sarnoff. Any further discussion? Yes, sir. Commissioner Suarez: I just -- I guess I just want to state for the record that I have had conversation -- I'm not even sure I know your name, sir, 'cause you're new. Mr. Arias: Derrick Arias. Commissioner Suarez: I'm sorry; how do you --? Mr. Arias: Derrick Arias. City ofMiami Page 35 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Commissioner Suarez: Arias, Mr. Arias. I had a conversation with Mr. Arias and expressed to him, you know, some of the concerns that I'd been expressing and I've expressed to the City Manager, even before he was City Manager, regarding the department and some of its expenditures, its capital expenditures and its labor expenditures. And so I look forward to working with you, Mr. Arias. I'm not a technology expert, butt happen to be, I guess, kind of the youngest member of the Commission, so I do kind of appreciate technology. But what we're spending on technology is an incredible amount of money, millions and tens of millions of dollars on systems that we're constantly updating, that are not even up and running. And, you know, if there's one area of the City that I think people identifi, and say, you know, this is an area where, you know, you guys are spending an incredible amount of money and we're not seeing the full benefit here, it's this area. And I think the City Manager's aware of it. Him and I had spoken about it before, andl think that may be part of the reason why you're here. But you know, it's something that I'm going to be continuing to look at to the extent that I can be helpful in that process, not being an expert. I want to closely monitor that. Mr. Arias: I look -- Vice Chair Carollo: Mr. Chairman. Chair Gort: Thank -- Yes, sir. Vice Chair Carollo: I actually agree 100 percent with Commissioner Suarez. You know, during the budget process, I asked quite a bit as far as why so much money was going to technology. And by the way, I do agree that, you know, we need technology and -- I mean, it's the way of the future and so forth, but so much money is growing to technology. As a matter of fact, when -- today -- later on today we're going to have to discuss and then see if we approve the bond offering, and some of that is to go to the sunshine state loans that we need to renegotiate, or however you want to call it. What's the technical term? But the bottom line is when I see the amount for technology, it's outrageous, you know, tens of millions of dollars. So I guess the only question that I want to just ask directly -- and this amount is relatively, you know, small compared to everything else -- is this $30, 000 needed? Mr. Arias: This amount is needed because if we -- Vice Chair Carollo: Okay. Mr. Arias: -- do not renew this contract, they cannot use the application after July. Vice Chair Carollo: That's what I needed to hear then. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I just want to dovetail off something that the Vice Chairman said. You know, it's not only -- I think it's not only frustrating the amount of money, but the lack of return on your investment as well, so it's a -- kind of a double factor. We're spending millions and tens of millions of dollars. If you said, hey, we had all these wonderful systems; you know, we're able to use technology in ways that no one else can; you know, we're a city that's way ahead of the curve; you know, et cetera, et cetera, then I would say well, maybe we could justify, although I'm not sure, given our citizenry and the poverty level of most of the people in the City ofMiami. But you know, we don't even have that. We don't even have a simple program for certificate of use where somebody can go online. I know we're working on it, you know. And something that brought up to the, you know, Commission several times, that we don't have some simple basic programs that you have at the state of Florida to create a corporation to do a certificate of use where you can just go online. So we City ofMiami Page 36 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 RE.4 11-00301 Department of Capital Improvements Program spent tens and tens of millions of dollars. We have an Oracle payroll system that hasn't -- you know, we've identified on many, many occasions -- has not worked properly, and so I think it's a double frustration. It's the amount of monies. When we crunch the numbers at budget time and we're going line by line, we get frustrated on that. And then on the other end, it's not like we can say to our residents well, hey, look, we got these incredible systems that you can benefit from and it's worth, you know, the money that we're spending. Chair Gort: Thank you. Let me ask you a question. Once you do -- since you coming in now, do a comparison of the IT, something very complicated. A lot of us -- a lot of people do not understand it. If you can give us some estimates in other cities, what they've used and what the cost is, and also within the private sector. At the same time, I know we had the Oracle, that they came in and they've had some problem with it. If you can tell us what the problem has been and what are you doing to solve those problems and integrate the -- do the integrations that we want all to accomplish. If you can come back with that some other time and bring it to one -- each one of us, we'll appreciate it. Mr. Arias: Okay. Mr. Crapp: Mr. Chairman. Chair Gort: Yes, sir. Mr. Crapp: Yes, sir, Mr. Chairman, Commissioners. I was going to say that. Mr. Arias just took over the department very recently. He's in the process of setting up meetings with you all to do detailed briefings on all of those issues, and we'll include the information that you all raised today. So we have heard the concerns, and he'll be in front of you very shortly. Chair Gort: Because more or less, we all have an idea what the expenditure will be in Public Works, in CIP, and all those -- the -- but in technology, at least I -- not knowledgeable of how much it needs to really be up-to-date. Mr. Arias: I will certainly -- Chair Gort: We would like to get that information. Mr. Arias: 171 certainly have that -- Chair Gort: Okay. Mr. Arias: -- available by the time we get together. Chair Gort: Thank you. Is there 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, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONTRACT WITH GIANNETTI CONTRACTING CORP., FOR THE NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658, FOR PAYMENT OF THE FINANCIAL INCENTIVE AS PER THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $76,968.26, THEREBY INCREASING THE AWARD VALUE FROM City ofMiami Page 37 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 $1,539,365.24, TO AN AMOUNT NOT TO EXCEED $1,616,333.50; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-50658; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00301 Summary Form.pdf 11-00301 Letter - Drainage Project CIP B#50658.pdf 11-00301 Pre - Legislation.pdf 11-00301 Legislation.pdf 11-00301 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item RE.4 was deferred to the Commission Meeting scheduled for June 9, 2011. Chair Gort: RE.4. Alice Bravo: Good morning. Alice Bravo, director of Capital Improvements. RE.4 is an item to increase the contract capacity for a contract with Giannetti Contracting Corp for the project North Bayshore Drive Drainage Improvements. The contract, as originally awarded, CIP (Capital Improvements Program) had the provision for a 10 percent contingency. And when the project was being advertised, an addendum was issued where the contractor would be eligible for a 5 percent bonus if they completed work by a certain date, which would have helped them complete the work in an area where there were hotels in advance of the Super Bowl. So the contractor fulfilled that requirement for the bonus. However, the contingency that was approved with the project was utilized for various change orders, and so we're here to amend the contract capacity. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I requested a deferral the last time on this item, and I'm going to request another one with the permission of my colleagues. And the reason why is because we've requested some documents that have not yet been delivered to our office. If you look at page 47 of the contract that talks about substantial completion and final completion. Part of the basis for this bonus is that certain documentation be provided, which we have requested copies of and have not yet received. And in defense of the Capital Improvement director who's here before us, we requested them fairly late. And so, you know, I think she has taken all efforts to try to get us those documents, but we have not yet received them. Among them, on page 47, it says the project manager and the contractor shall sign the substantial completion inspection form. I requested that form. No request for substantial completion inspection is to be submitted until the contractors has obtained a certificate of occupancy, certificate of completion, or a temporary certificate of occupancy. And we've requested those forms as well. Then it says the City will prepare a certificate of substantial completion, which again, we have not received. And a final certificate of payment shall be issued by the project manager, which I do not believe we have received either. So those are just three of the documents that, you know, I've requested and have not yet seen prior to making a decision on whether or not it's required of us to make this bonus payment. Vice Chair Carollo: You're making it as a motion for a deferral? City ofMiami Page 38 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Commissioner Suarez: Yes. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Vice Chairman Carollo. Any further discussion? Priscilla A. Thompson (City Clerk): Before you vote on it, please, may I ask, what day -- what meeting date would you like it to come back? Chair Gort: Well, my understanding is this could be here next meeting if the -- we get the information required by the Commissioner. Commissioner Suarez: That's fine with -- Ms. Thompson: So that would be at your June 9 meeting. Commissioner Suarez: That's fine with me. Chair Gort: Yes. Ms. Thompson: Thank you. Chair Gort: We can get it by then, right? Ms. Bravo: Yes. Chair Gort: Okay. Thank you. All in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you. RE.5 RESOLUTION 11-00391 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Fire -Rescue ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 220243, THAT URS CORPORATION SOUTHERN ("URS") IS THE HIGHEST-RANKING FIRM TO PROVIDE DOMESTIC SECURITY AND EMERGENCY PROGRAM MANAGEMENT CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FORA TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS SUBJECT TO BUDGETARY APPROVAL, FROM THE MIAMI URBAN AREAS SECURITY INITIATIVE (UASI) GRANT PROJECT ACCOUNT, ACCOUNT NO. 11000.181000.664000.0000.00000, PTAEO 18-180018-01.02.03-1660-PROFESSIONAL SERVICES-181000, IN AN AMOUNT NOT TO EXCEED $400,000 ANNUALLY, FOR A TOTAL CONTRACT City of Miami Page 39 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 AMOUNT NOT TO EXCEED $2,000,000; SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST -RANKED FIRM, URS, THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, IS AUTHORIZED TO NEGOTIATE A PSA WITH THE SECOND -HIGHEST RANKED FIRM, DAVISLOGIC, INC., D/B/AAS ALL HANDS CONSULTING. 11-00391 Summary Form.pdf 11-00391 Legislation.pdf 11-00391 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0219 Chair Gort: RE.5. Deputy Chief Reginald Duren (Fire -Rescue): Good morning. Reggie Duren, deputy chief Fire -Rescue. RE.5 is a resolution accepting recommendation of the City Manager, approving the findings of the Evaluation Committee, that URS Corporation is the highest-ranking firm to provide domestic security and emergency program management consulting services for the Miami UASI (Urban Areas Security Initiative). This project will -- cost will not exceed $400, 000 annually. All contractor costs will be paid for through UASI grant dollars. Chair Gort: Okay, question. This will not be paid until we get reimbursed by the federal government; am I correct? Deputy Fire Chief Duren: I'm sorry, sir. Can you repeat --? Chair Gort: Payments will not be paid to this contractor until we get the -- our money ourself? Deputy Fire Chief Duren: No, sir. Chair Gort: Contracts will not be paid ahead of us receiving the funds? Deputy Fire Chief Duren: No, sir. For these dollars, since they will be for the City ofMiami, we will front the dollars and ask for reimbursement. Chair Gort: Okay. But the City's not going to upfront those funding? Deputy Fire Chief Duren: No, the City will not have to fund -- Chair Gort: Okay. Deputy Fire Chief Duren: -- anything going -- Chair Gort: Thank you. Deputy Fire Chief Duren: -- to this process. Chair Gort: That's what I wanted to know. Any questions? Commissioner Suarez: Did you say we're going to front the money on this? City ofMiami Page 40 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Chair Gort: No. Commissioner Suarez: Oh, we're not going to front the money on this. Deputy Fire Chief Duren: No. I'm sor -- I said that we will and then we will ask for reimbursement from the State. This entity will be working for the City. They won't be working for others. Commissioner Suarez: Okay. Because I remember that -- Chair Gort: Okay. Commissioner Suarez: -- we had changed the policy on UASI -- Deputy Fire Chief Duren: Correct. Commissioner Suarez: -- to not front in terms -- Deputy Fire Chief Duren: Right. Commissioner Suarez: -- of the -- I guess it's the recipients -- Deputy Fire Chief Duren: You're correct. The grants -- Commissioner Suarez: -- other recipients. Deputy Fire Chief Duren: -- of recipients. We will not front dollars for anyone. Chair Gort: Okay. So -- Commissioner Suarez: Can I ask you why you feel comfortable fronting the dollars on this contract and not on the other ones? Deputy Fire Chief Duren: Okay. Any project that is a Miami project, we front the dollars from through a special revenue account and then we get reimbursed by the State. Commissioner Suarez: I see. So we're not doing this -- fronting it for other cities who may be participating under the UASI program? Deputy Fire Chief Duren: Yes, sir, you're correct. Commissioner Suarez: And these -- this -- Mr. Chairman, may I? Chair Gort: Yes, sir, go ahead. Commissioner Suarez: I'm sorry. These -- this program -- I mean, this vendor, are they going to help us collect the back monies that we're still owed under UASI? Deputy Fire Chief Duren: No. They are basically going to be programmatic. They should not be helping us with the financials; though, however, they may make recommendations to enhance our ability to get more dollars. But directly in terms of developing the packages that go to the State, no, they will not be doing those activities. Commissioner Suarez: Okay. City ofMiami Page 41 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 RE.6 11-00392 Department of Capital Improvements Program RE.7 11-00393 Chair Gort: Any further question? Vice Chair Carollo: Move it. Commissioner Dunn: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Dunn. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Deputy Fire Chief Duren: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT WITH RODRIGUEZ AND QUIROGAARCHITECTS CHARTERED, FOR THE PROVISION OF MISCELLANEOUS ARCHITECTURAL SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $500,000, TO AN AMOUNT NOT TO EXCEED $1,000,000; ALLOCATING FUNDS FOR SAID INCREASE FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00392 Summary Form.pdf 11-00392 Legislation.pdf 11-00392 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE LEGAL NAME CHANGE OF POST BUCKLEY SCHUH & JERNIGAN INC. ("PBS & J"), TO ATKINS NORTH AMERICA, INC., FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT), IN SUBSTANTIALLY THE ATTACHED FORM, TO EFFECTUATE THE CITY OF MIAMI'S APPROVAL OF THE NAME CHANGE FROM PBS & J TO ATKINS NORTH AMERICA, INC. UNDER THE SAME TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT WITH PBS & J. City ofMiami Page 42 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 11-00393 Summary Form.pdf 11-00393 Letter of Company Change of Name.pdf 11-00393 Detail by Entity Name.pdf 11-00393 Name Change Documents.pdf 11-00393 Legislation.pdf 11-00393 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.8 11-00394 Department of Capital Improvements Program R-11-0220 Chair Gort: RE. 6. Vice Chair Carollo: Withdrawn. Priscilla A. Thompson (City Clerk): Withdrawn. Vice Chair Carollo: RE.7, Mr. Chairman. Chair Gort: Sony. RE.7. Alice Bravo (Director): Alice Bravo, Capital Improvements. RE.7 is a resolution accepting the legal name change of Post Buckley Schuh and Jernigan to Atkins North America, for provisions of the capital program support services through the contract that they currently have. Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Dunn. Discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A MATCHING FUNDS GRANT FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, FOR THE MIAMI WOMAN'S CLUB BAYWALK PROJECT, B-30731 AND THE MUSEUM PARK BAYWALK PROJECT, B-30179, IN AN AMOUNT NOT TO EXCEED $46,500 AND $1,143,000, RESPECTIVELY; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00394 Summary Form.pdf 11-00394 Legislation.pdf 11-00394 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 43 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 RE.9 11-00395 Department of Capital Improvements Program R-11-0221 Chair Gort: RE.7. Vice Chair Carollo: RE.8. Chair Gort: Just finished. RE.8. Alice Bravo (Director, Capital Improvement Program): RE.8 is a resolution accepting a matching funds grant from the Omni Redevelopment District Community Redevelopment Agency for the Miami Women's Club Baywalkproject, B-30731, and the Museum Park Baywalk project, B-301 79. The Miami Women's Club Baywalkproject, we have been here previously accepting a FIND (Florida Inland Navigation District) grant, and the CRA (Community Redevelopment Agency) has agreed to match that FIND grant in the amount of 46,500, and the allocation for the Museum ParkBaywalkproject is an anticipation of a FIND grant we applied for last month -- two months ago. Chair Gort: Okay. Questions? Commissioner Sarnoff.. Move RE.8. Commissioner Dunn: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Dunn. Discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE MIAMI RIVER GREENWAY FROM MIAMI CIRCLE GREENWAY TO SOUTH MIAMI AVENUE PROJECT, B-30631; FURTHER ACCEPTING A GRANT AWARD FROM FDOT, IN THE AMOUNT NOT TO EXCEED $1,000,000, FOR THE IMPLEMENTATION OF SAID PROJECT, TO BE APPROPRIATED BY SEPARATE RESOLUTION. 11-00395 Summary Form.pdf 11-00395 Legislation.pdf 11-00395 Exhibit 1.pdf Motion by Commissioner Sarnoff, 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-11-0222 Chair Gort: RE.9. Alice Bravo (Director, Capital Improvements Program): RE.9 is a resolution accepting funds and authorizing the City Manager to execute a local agency program agreement with the City ofMiami Page 44 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 RE.10 11-00299 Department of Capital Improvements Program Florida Department of Transportation for the Miami River Greenway, which provides greenway improvements between Miami Circle greenway to the South Miami Avenue project, and the grant is in the amount of $1 million. Chair Gort: Thank you. Commissioners. Commissioner Sarnoff.. Move RE.9. Vice Chair Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Vice Mayor -- Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0223 Direction by Chair Gort to the Administration for the Capital Improvements Department to get quotes from service providers that work with Miami -Dade County before the next Request for Proposal (RFP) goes out regarding the provision of services associated with this item. Chair Gort: RE.10. Alice Bravo (Director, Capital Improvement Program): RE.10 is a resolution to authorize execution of a third interlocal agreement with Miami -Dade County. This is an interlocal agreement that governs the regional transportation system surtax funds, and the amendment is to incorporate changes that the County recently passed in their ordinance which allows for funding of special transportation services for low-income senior citizens. City ofMiami Page 45 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Chair Gort: Okay. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Sarnoff. Discussion. Vice Chair Carollo: Yes, sir, Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you, sir. I agree with this resolution. I definitely -- from the first minute that I stepped into City Hall, I said it; you know, transportation, especially for the elderly, is an issue. It's definitely an issue in my district. Question, 'cause I had -- I asked this question during briefing and they said that you were going to get back to us, andl haven't heard anything. Will this -- approving this now trigger $350, 000 to go to an agency? Ms. Bravo: Well, previously we had been here with the agreement for Accion Transportation Group that had a certain amount authorized for that. And when that contract was approved, it was approved pending the change in ordinance at the County. And then that contract also said that we had to do a procurement and have a new operator on board as a result of that procurement by September 30. So the Accion contract was already executed once the County ordinance was changed and they've submitted funds already for reimbursement, so that has transpired. And this is just coding what the County changing the ordinance into our agreement with the County. Vice Chair Carollo: But my question is would this trigger three hundred -- I have here $347,102 to go to them. Ms. Bravo: That has already started. Chair Gort: Yes. Ms. Bravo: That started when the County changed the ordinance. Vice Chair Carollo: And ifI remember correctly, we approved that -- stipulating that for the previous year -- for the next year, we were going to have a procurement. Ms. Bravo: Correct. Vice Chair Carollo: Okay. Ms. Bravo: And we've started action on that procurement. Chair Gort: Now, my understanding, this will apply to any agency that will come -- that will try to get the same funding being a different agency. Vice Chair Carollo: Well -- Ms. Bravo: And -- Chair Gort: It doesn't mean it's -- City ofMiami Page 46 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Vice Chair Carollo: -- I don't know about -- Chair Gort: -- going to be for the same agency. Vice Chair Carollo: Is that true, Ms. Bravo? Ms. Bravo: Yes. Vice Chair Carollo: Is that for any agency that applies for the funding? Ms. Bravo: Correct. We're going to do a procurement to select a provider and we 're budgeting $350, 000 for each year to that provider to provide these services. Vice Chair Carollo: Now -- and at the same time, just to let -- make sure everybody knows where we're at with this. This is going to be from the 20 percent of the transportation, which we are also dedicating for the trolley system. Ms. Bravo: Correct. Chair Gort: Right. Vice Chair Carollo: Correct? Okay. And we are going to do an RFP (Request for Proposals) for, you know, any other companies, so forth. Ms. Bravo: So that we -- there will be a provider selected as part of that RFP that'll start providing services October 1, 2011. Vice Chair Carollo: Do you think they'll end up paying our rent also? Ms. Bravo: I guess. Vice Chair Carollo: I'm saying it, you know, kidding, but at the same time, I'm not, you know. There's rent owed to us at our City building that it's in arrear for I don't know how many months, maybe over a year or so. I just want to make sure that, you know -- Ms. Bravo: That should be rectified since we've been providing reimbursements. Vice Chair Carollo: Okay. Chair Gort: My understanding, that's part of the budget. And if that's part of the budget, the rent should be paid to the building. At the same time, if you all recall, at one time we had a -- that agency was providing services to certain element that in great need of it because they use it for transportation and there's -- a lot more efficient, my understanding, andl would like to get that back and -- when we get the RFP, the next RFP. My understanding is some of the County's providers were talking about that they can do it for less funds. I'd like to get those quotes when we do the RFP for the next time. And at the same time, my understanding is the motion that we made is to allocate X'amount of money to provide transportation for senior citizens as needed. Vice Chair Carollo: Yeah. And what happens is, Commissioner, that a lot of -- like through our CDBG (Community Development Block Grant) and so forth -- I know Little Havana Activity Centers has their own transportation, so transportation is involved -- and again, as I mentioned before, as soon as I stepped in here -- and I'll have -- I could have many witnesses -- the first City ofMiami Page 47 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 thing said, transportation is an issue in my district. You know, I definitely need to see how the funds are being allocated because, you know, it's a need that I want to address. At the same time, I want to make sure that it is being addressed, especially if we're putting money out there. And a lot of whatl do is to make sure we do have efficiency so we can use even more of that funding. In other words, so our dollar goes a lot further. Andl could show you many, many proof of how funding that was going to go somewhere; after we discussed it again or renegotiated, went a lot further and we were able to now fund other needs in my district and in the City ofMiami. So I just want to make sure that it is efficient. That's why I want to go to RFP process in this -- and again, it's not just picking on any one agency. You've seen consistently we ask whenever it's a no -bid contract, why is it a no -bid contract because I do. I want to get the most bang for our buck so we can service as many people as possible. Chair Gort: I think we all agree with you, an RFP is very important. And we got to pick the -- select the most efficient agencies. Yes, sir. Commissioner Suarez. No. I just wanted to add that we also did something that -- we kind of set a precedent of really getting into our contract providers' audited financial statements and making sure that they're providing the financial information that makes us feel comfortable that the -- whatever -- agency is being operated correctly and appropriately. So you know, that's another aspect to making sure that we're being fiscally responsible with the monies that we're giving to our agencies. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff.. While this is symbolic, since this is not solely aboutAccion -- Vice Chair Carollo: Right, exactly. Commissioner Sarnoff.. -- I think -- but I think you brought up a good point. And before I vote on this, I want to know have they brought their rent from arrears, have they paid. Now, it is symbolic 'cause it's not about them. However, you bring up a very valid point, which is -- I know it's the -- you know, the chicken or the egg because you have to allocate the money, but when we allocated that money, as I sit here right now, I don't know; did they pay their rent? And that's a good point. Because I think anybody -- any issue that comes before us -- andl agree; this is symbolic 'cause it is not about them. It is about their category. Any time something's put on the City ofMiami agenda, I'd have trouble understanding why it comes on the agenda if they are in arrears with the City ofMiami for something. But if they are in arrears with the City ofMiami for something, it should be brought to our attention, and that is the place to address why the arrearage exists. Then we can make a policy statement which is, you perform such a glorious function that we're not going to require you to pay, or pay up. But that is what this board is about. It's about transparency in saying -- bring up a good point, which is we've made a payment. Does anybody -- City Manager, we made a payment. Are they in arrears? Johnny Martinez (Assistant City Manager/Chief of Infrastructure): They're scheduled to pay tomorrow. Check's in the mail. Ms. Bravo: They recently received payment from us. Mr. Martinez: Yeah, they got our payment and they're paying tomorrow. Vice Chair Carollo: And Mr. Chairman, if -- City ofMiami Page 48 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Chair Gort: Yes. Vice Chair Carollo: You know, Commissioner Sarnoff, you know, I appreciate your comments. And the truth of the matter is I'm not picking on any one agency. I just think we really need to set precedence. I'll tell you what, Bayfront Park Management Trust, we have a policy: If you're in arrear, you do no more business with us until you pay. That's it. There's no, well, this and that. No, you know. And you know -- and I think that's why we have, you know, the only agency that, you know, earns their money and doesn't ask for any funding -from the City of Miami, and we run it as a business. And we do have that policy. You know, if you owe us money, well, you need to pay up. And if you do not pay up, you're not doing business with us anymore. So you know, I bring that just to start setting precedence. I think over the years, I think something we all saw is that, you know -- andl'm not saying this agency is -- I'm just saying in the past there was this perception that it was easy to take advantage of government or City Hall or so forth. And you know, we need to start setting precedence, you know, andl think we -- this Commission has taken some great, you know, steps in doing that and we need to continue, and that's why I bring it up. Chair Gort: Well, I think we're making a lot of changes andl'm all for it. I agree with that. If you're not paying the City, you're not going to do anything with the City, that's for sure. Mr. Martinez: But Mr. Chairman. Chair Gort: Mr. Manager. Mr. Martinez: This is just the interlocal to let us -- let the County allow us to use the money for this purpose. Andl understand about catching up with the rent and all that. But this is just the interlocal between the City and the County to allow us to use the County's money of the surtax for this purpose. Vice Chair Carollo: Mr. Chairman. Chair Gort: Well, let's make sure they pay the rent. Yes, sir. Vice Chair Carollo: Yes, and that's how it started, my discussion, so I know exactly what I'm voting for. But I also said voting for this will trigger the $350, 000 or so forth and that's how we got into the, you know -- Mr. Martinez: Correct. Vice Chair Carollo: -- this company that will receive this funding and so forth. So believe me, I know what I'm voting for. But at the same time, voting for this, even though I could be in agreement with this resolution, as I stated when I first started speaking, will trigger the funding to an organization that still hasn't paid us. Commissioner Sarnoff. Excuse me. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. How did you learn they were going to pay us tomorrow? Lilia Medina (Assistant Transportation Coordinator): Lilia Medina, Office of Transportation. They've invoiced -- Action Community Center has invoiced. There's a line item that says space rental and that is the amount -- approximately $8, 000 that's owed. We will then receive -- it will City ofMiami Page 49 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 go actually directly to the City ofMiami once they pay through a check -- electronic transfer of the amount for the invoice was deposited in their -- in Actions' bank account on Tuesday, so I expect the check to come in tomorrow or Tuesday night. Commissioner Sarnoff. So the answer to the question from this Commission was you know it's coming in tomorrow by speculation? Ms. Medina: Well, I mean, their invoice itemizes that space rental cost. Commissioner Sarnoff. Well -- Ms. Medina: And that invoice has been -- Commissioner Sarnoff. -- I mean, I'm in the private sector; I send bills out. I couldn't tell you when a bill is going to be paid. Maybe the Vice Chair -- maybe it's -- CPAs (Certified Public Accountants) act differently and you know exactly when your bill is going to be paid, but -- Ms. Medina: Yeah. Commissioner Sarnoff. -- andl know Commissioner Suarez, you probably send bills out. Do you know the day it's going to be paid? Commissioner Suarez: I pray for the day that it gets paid. Commissioner Sarnoff. So -- Ms. Medina: And Commissioners, I have spoken to them. I spoke to them yesterday. Commissioner Sarnoff. That's a better answer to a question -- Ms. Medina: Okay. Commissioner Sarnoff. -- which would be as I heard the discussion going before this Commission, I realize that we should learn when they're going to pay. And if you did that, I think that's being a good employee in saying, do I have your commitment that you're going to pay tomorrow. If that's your answer to our question, that's a pretty good answer, in my book, but -- Ms. Medina: Thank you. Commissioner Sarnoff. -- you never should come up here and say I sent them a bill on Tuesday; I expect payment on Thursday. What was that -- Chair Gort: The check's in the mail. Commissioner Sarnoff. Right. What was that old joke with the hamburger? I'll glad you pay you -- I'd like to have a hamburger today and gladly pay you on Tuesday. I mean, how do you know? So my point is -- andl say this -- and I'll only direct you, Mr. City Manager, since -- so I don't employ or -- I actually get to direct anyone else in the City ofMiami, except -- unless and excepting the City Attorney and the Clerk. When somebody comes before this Commission, it shouldn't be speculation. It should be I have a commitment because I just spoke to the person or it's in writing. Okay. Chair Gort: Let me ask another question, and this might be Finance. Can we somehow -- since City ofMiami Page 50 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 we are providing the funding, can we automatically deduct the payments to the City? I mean, that's an option that can be implemented. Ms. Bravo: Well, we'll explore that -- Chair Gort: Will you look into it, please? Ms. Bravo: -- with this particular case. Chair Gort: Okay. Ms. Bravo: Yes. Chair Gort: Not only for this. I mean, for any agency that has to pay rent to the City of Miami and receive funds from the City ofMiami, that should be deducted automatically. Commissioner Sarnoff. Never put yourself in that position. Chair Gort: Okay. Are we in agreement with that? Vice Chair Carollo: Yes. And Mr. Chairman, can I mention one more thing? Chair Gort: Yes, sir. Vice Chair Carollo: I will foresee that we're going to end up passing this resolution. However, this doesn't have any caps. Let me see how I phrase this. To see -- so you all see what my concern is. Chair Gort: The maximum. Vice Chair Carollo: Yeah. Chair Gort: (UNINTET,TIGIBT,F) Vice Chair Carollo: My concern is that I don't want to -- I don't want agency to dictate how much we're going to be paying for this service. I want to see somehow -- Chair Gort: Gotcha. Vice Chair Carollo: -- if we could evaluate how much this service should cost us. And again, we all -- at least do andl think we all agree that this service should be provided, butt don't want, let's say, next year they come up with their own amount. Oh, we need $400, 000. Or we didn't get funding -from the State or we didn't get funding -from the County; therefore, we need 500,000 next year. So here they come to us asking for $500, 000 for this, where -- do you understand my gist, the gist of what I'm trying to say? Chair Gort: I think that can be taken care in the RFP. In the RFP you can award it where you can state we'd like to provide the following service without placing any amount. Let us know how much you're going to charge us. Ms. Bravo: Well, the way we're structuring the RFP, since the discussion in the past had been $350, 000 per year, we're setting that as a cap, and basically the -- how many trips can you provide in that cap. And then that way, we guarantee that we're awarding the contract to the lowest bidder -- City ofMiami Page 51 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Chair Gort: Let me ask you a question. Ms. Bravo: -- and that's the cap on the contract per year. Chair Gort: Let me give you a -- let's get competition going. Instead of putting a price, let's put in the RFP, this is the amount of trips that we'd like to see. What will you charge us? Let them come up with the funds. Ms. Bravo: Okay. Chair Gort: Let them come up with the budget. Ms. Bravo: Okay. Chair Gort: Tell them what we want. You put a budget together, okay. Vice Chair Carollo: Yeah. And what I'm trying to establish is, you know, for us again to be able to service the need that we have, not necessarily for us to be able to service the monies that an agency may need. Chair Gort: Right. Vice Chair Carollo: You know, I want us to be able to get the service because the need for transportation is there. I just want to make sure we receive the services. Ms. Bravo: But the -- Chair Gort: Right. Ms. Bravo: -- maximum we'll budget for this is $350, 000 a year. Chair Gort: But my experience is, if you put a maximum on a RFP, they're going to make the RFP closer to that amount as they can. If you don't put any amount, might even be better. Ms. Bravo: Well, the maximum number of trips will yield the lowest costs. Chair Gort: Right. Ms. Bravo: Right. That's -- Chair Gort: Okay. Ms. Bravo: That's our intent. Chair Gort: Right. Ms. Bravo: That's how we will award this contract. Chair Gort: Okay. Commissioner Sarnoff. Mr. Chair. Chair Gort: Is that all right with --? Yes. City ofMiami Page 52 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Commissioner Sarno:T Is it not correct to say that any money that we put towards this diminishes the amount of money we put towards -- Commissioner Suarez: Yes. Commissioner Sarnoff. -- the trolleys? Commissioner Suarez: Yes. Vice Chair Carollo: That's my point. Chair Gort: That's -- yes. Vice Chair Carollo: We don't have -- Commissioner Suarez: Unlimited amounts of money. Vice Chair Carollo: Exactly. Commissioner Suarez: Right. Vice Chair Carollo: We don't have an unlimited amount of money, so I want to make sure we're getting, once again, most bang for our buck, and that's what I'm looking at, efficiency, you know -- Commissioner Sarnoff. And -- Vice Chair Carollo: -- service. Chair Gort: Can you do that with the RFP? Commissioner Suarez: Mr. Chairman. Chair Gort: Yes. Commissioner Suarez: Can I just jump in real quick 'cause I think there's three things going on here. Commissioner Sarnoff. I will yield to my younger colleague. Commissioner Suarez: Thank you. There's three things going on here. The first is I think the tension between the need for this service and the amount of funds that we have available. That's number one. Number two, there's a competition between the funds we have available for this kind of transportation versus other kinds of transportations, like the trolley. But this is the third part, which is having an interlocal which becomes clumsy if you keep trying to go back and forth, you know, changing limits. So I think what this allows us to do is then us set the priorities going forward. We have the right to set the priorities under this agreement, and then we can set the priorities going forward whether we want more or less of this kind of transportation, how many trips, how many people do we want served, vis-a-vis, you know, our other very, very important and critical transportation needs, which I think we all here are big supporters of so -- and I think the key for me was what the Vice Chairman said the first time, which is look, we want competition. We want competition on this type of service. Why? Because we want to get the best bang for our buck. We want to make sure that our residents are City ofMiami Page 53 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 being served to the maximum extent possible. Andl think, you know, Commissioner Sarnoff also made some good points about the kind of vehicles that were being used, whether they were being as efficient as possible with the vehicles and the trips, and if you're using a huge vehicle, and we all also care about other things, like pollution to the environment and things that are important to this Commission. So I think that can all be incorporated into the request for proposal process and then it will come back to us who are the ultimate kind of arbiters of, you know, how we want to go forward with this. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: By the way, I see many photographers. They come here and -- the downtimes -- I never seen somebody so efficient as yourself that -- what are you needing? What are you creating? Unidentified Speaker: A hat. Chair Gort: A hat, okay. You're doing very good. RE.11 RESOLUTION 11-00408 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Attorney 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 (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 Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0224 Chair Gort: Okey-doke. What's next? RE.11. Julie O. Bru (City Attorney): Mr. Chair, RE.11 is a resolution that would authorize the payment of former Commissioner, Michelle Spence -Jones, attorney's fees and costs incurred during her successful defense of two charges brought against her by the state of Florida. I have reviewed the reimbursement request, the case law, and all applicable pertinent opinions that have been issued by courts regarding this matter. Andl have determined that she is entitled to have her legal fees reimbursed because she was performing her official duties for a public purpose, as required by the common law and the case law that interprets it. City ofMiami Page 54 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Commissioner Dunn: Mr. Chair. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman, I have a question before -- Chair Gort: Go ahead. Vice Chair Carollo: I just want to confirm. So she is -- it's your opinion that she is entitled to receive this funding? Ms. Bru: Yes. The common law has always provided that elected officials, officials are entitled to have their attorney's fees paid for or reimbursed if they successfully defense against either civil or criminal charges arising out of the performance of their official duty and for a public purpose. Commissioner Suarez: Mr. Chairman. Vice Chair Carollo: I make a motion then to approve. Commissioner Suarez: Yeah. I was going to say -- Commissioner Dunn: Second. Commissioner Suarez: -- I'll second the motion. I'm the one that asked for the deferral last time, and the reason why I asked for it was because I wanted to do my own kind of due diligence on that process. Andl think the initial interpretation when you first get it is, you know, we're not the agency that made the decision, you know, to go forward with this, and so why should we be held responsible, why should our citizens be held responsible. But I think when I did the research, it was clear in -- you know, the research that did that this is something that is justifiable and is actually -- probably required of us to do. So I second the motion. Commissioner Dunn: Mr. Chair. Chair Gort: Okay, there's a motion by Vice Chairman Carollo and second by Commissioner Suarez. Commissioner Dunn: Mr. Chair. Chair Gort: Yes, sir. Commissioner Dunn: Just before we vote, I do also want to state for the record that, you know, it could be one of us, and so if the law is the law, certainly we need to support the law as it applies. I mean, anybody can be charged. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 RESOLUTION City ofMiami Page 55 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 11-00437 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Oscar Rodriguez Commissioner Richard Dunn II 11-00437 PZAB CCMemo.pdf 11-00437 PZAB Current_Board_Members. pdf 11-00437 PZAB Applications.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-11-0225 Priscilla A. Thompson (City Clerk): Commissioners? Chair Gort: Yes. Ms. Thompson: Our next items -- and I'm coming forth because we don't normally do this on a P&Z (Planning & Zoning) agenda, but we do have two board items that need to be taken care of. Chair Gort: Okay. Ms. Thompson: Our first item, BC.1, Commissioner Dunn, bringing this to your attention. On BC.1 there's an appointment to be made to the Planning Zoning, And Appeals Board. We have an eligible applicant, Mr. Oscar Rodriguez. If you can remember, Commissioners, each time we need applicants or we have positions open for Planning, Zoning Appeal Boards [sic], we do have to advertise. We did advertise and we now have Mr. Oscar Rodriguez as an eligible applicant. Commissioner Dunn: Move it. Commissioner Suarez: Second. Vice Chair Carollo: Sec -- Chair Gort: It's been moved and second. Vice Chair Carollo: We need three. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. City ofMiami Page 56 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 BC.2 RESOLUTION 11-00439 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO ROY HARDEMON AS A MEMBER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST. 11-00439 Liberty City CCMemo.pdf 11-00439 Liberty City Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-11-0226 Priscilla A. Thompson (City Clerk): And then we have on BC.2, the Manager appointed Mr. Roy Hardemon. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Ms. Thompson: Thank you. Chair Gort: It's a motion and a second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Thompson: Thank you. END OF BOARDS AND COMMITTEES PART B: PLANNING AND ZONING ITEMS Chair Gort: At this time, we're going to PZs (Planning & Zoning), so you need to swear people in. Priscilla A. Thompson (City Clerk): Good afternoon, ladies and gentlemen. If you are here today and you will be speaking on any of the P&Z items, I need you to please stand and raise your right hand so that can swear you in. If you are speaking on any PZ item this afternoon, please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Maria J. Chiaro (Deputy City Attorney): The procedure for -- Chair Gort: Could you announce the PZ that were deferred? Commissioner Sarnoff. We -- I -- City ofMiami Page 57 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 PZ.1 10-01096cm Ms. Thompson: I think what was happening was that the Deputy City Attorney was going to read in our order of the day, the order for the P&Z, and then we were going to go ahead and go with the continuances or whatever. Ms. Chiaro: The procedure for the Planning and Zoning items shall be as follows. The staff will briefly describe the request, whether an appeal, exception, vacation, text amendment, zoning change, land -use change, or MUSP (Major Use Special Permit), and make its recommendation. The appellant or petitioner will then present the request. The appellee will present its position. Members of the public may be permitted to speak on certain petitions. Those with standing may ask questions of witnesses. The appellant or petitioner will be permitted to make final comments. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record only at the discretion of the City Commission. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANTS DATED MARCH 31, 1997 AND RECORDED IN OFFICIAL RECORDS BOOK 17604, PAGES 3735-3770, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1900 BRICKELLAVENUE, MIAMI, FLORIDA. 10-01096cm CC 05-26-11 Fact Sheet.pdf 10-01096cm Miami 21 Map.pdf 10-01096cm Ordinance 11000 Map.pdf 10-01096cm Aerial Map.pdf 10-01096cm PZAB Reso.pdf 10-01096cm Letter of Intent. pdf 10-01096cm Supporting Documents. pdf 10-01096cm Survey. pdf 10-01096cm CC Legislation (Version 3).pdf 10-01096cm Exhibit A. pdf 10-01096cm Exhibit B.pdf LOCATION: Approximately 1900 Brickell Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Carlos J. Gimenez, Esquire, on behalf of Dr. Jorge Suarez -Menendez, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions on January 19, 2011 by a vote of 9-0. *See Exhibit "1". City ofMiami Page 58 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 PURPOSE: This proposed modification will amend certain restrictions to the existing covenant. Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Note for the record: Item PZ.1 was deferred to the Commission Meeting scheduled for July 28, 2011. Francisco Garcia: Mr. Chairman, for the record, Francisco Garcia, Planning director. As I believe was mentioned earlier today, item PZ. 1 is being recommended for continuance by staff at this point in time. Because this is not a City application but rather a private application, I believe the applicants or representatives of the applicants are here as well. We believe that we're all in agreement. But again, our recommendation is for continuance for 60 days. Unidentified Speaker: Thank you for -- sorry. Commissioner Sarnoff. So move. Commissioner Dunn: Second. Chair Gort: It's been move and second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Unidentified Speaker: Thank you. Chair Gort: Good speech. PZ.2. Mr. Garcia: The specific date, just for the record, would be July 28. Commissioner Sarnoff. Great time to do things. PZ.2 ORDINANCE 11-00113Iu Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3242 CHARLES AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 59 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 11-001131u CC SR 05-26-11 Fact Sheet.pdf 11-001131u CCAnalysis.pdf 11-0001131u Land Use Maps.pdf 11-001131u Aerial Map.pdf 11-001131u Miami -Dade County Public Schools Concurrency.pdf 11-001131u PZAB Reso.pdf 11-001131u Application & Supporting Documents.pdf 11-001131u CC Legislation (Version 3).pdf 11-001131u & 11-00113zc Exhibit A.pdf LOCATION: Approximately 3242 Charles Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of 3242 Charles LLC and Stirrup Properties FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, which failed, constituting a denial to City Commission on April 20, 2011 by a vote of 5-2. See companion File ID 11-00113zc. PURPOSE: This will change the above properties to "Low Density Restricted Commercial". 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 13270 Francisco Garcia (Director, Planning): Items PZ.2 and PZ.3 are companion items. PZ.2 is the land -use change proposal and PZ.3 is a zoning change proposal. They are both for a property located at 3242 Charles Avenue. And this item is before you on second reading. We will simply say that the recommendation of the Planning Department is for approval. Just to clam the record, you may have on your packets the fact that the PZAB (Planning, Zoning and Appeals Board) recommended denial. That is in fact technically correct. I should mention, just to clam, that their original motions were for approval and the discussion was, generally speaking, for approval, but because they failed to meet the super majority required for land -use changes, the failure to obtain a 7 vote in favor minimum constitutes denial, and that is why it is before you with this recommendation of denial from the PZAB. Once again, the Planning Department recommends approval for both items, and with that, I'll yield to you, sir. Chair Gort: Yes, sir. Tucker Gibbs: Mr. Chairman, my name is Tucker Gibbs. I represent 3242 Charles Avenue, LLC (Limited Liability Company), which is a lessee of 3242 Charles Avenue and Stirrup Properties, the owner of that property. And we're here on the two items that relate to this property, the land -use change from single-family residential to low -density restricted commercial, the zoning change from T3-R suburban transect to T4-L general urban transect, with the Village West and Charles Avenue NCD-2 overlays. What I'd like to do to make this very simple is to incorporate our presentation at the last -- at the first reading of this item into City ofMiami Page 60 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 the record. We agree with the staff recommendation. And what I'd like to do is reserve any time I have for rebuttal or to answer any questions that come up. Chair Gort: Thank you. Public hearing. Anybody would like to address this issue? Anyone in the public would like to address this issue? Javier Betancourt: Good afternoon, Mr. Chair, Commissioners. For the record, Javier Betancourt, at 3295 Charles Avenue, which is just down the street from the subject property. Charles Avenue is a very special and historically important street, a street that embodies the rich Bahamian history of this proud Bahamian Village West community. I know this as both a property owner and from having written a term paper a few years ago entitled Opportunities for Historic Preservation in the West Grove, where I surveyed all of the historic properties on that street and advocated for their preservation. I'm so passionate about preserving the history on that street that purchased and lived in two historic shotgun homes at 3295 and 3297 Charles Avenue and have worked to renovate them. I have invested thousands of dollars on improvements and thousands more on architectural plans to completely rehab the structures. It is because of my love for Charles Avenue's history and my desire to preserve it that I speak in favor of the item before you today. Any expert in historic preservation will tell you that one of the most effective tools for preserving and rehabilitating historic structures is adaptive reuse. We need look no further than the Art Deco district in Miami Beach and the entire island of Key West to know that's true. My wife andl visit Key West every year and stayed at different bed and breakfasts every time. Just like the Stirrup House, these B&Bs (Bed and Breakfasts) are charming, wood framed island -style homes located in single-family neighborhoods. Like the Stirrup House, many of them had fallen into disrepair and were facing demolition by neglect. Like the Stirrup House, it took entrepreneurs who understood the historic value of the structures to come in, purchase the properties, and invest in their restoration. But no one will invest their dollars in a historic property without any expectation of a financial return. No one in this room would do that with their own money. We have an opportunity here to preserve this property, and more importantly, rehab it so that it can become an active reminder of this community's rich history for many years to come. And the uses being discussed, a bed and breakfast or a restaurant are perfectly compatible with the surrounding neighborhood, particularly given the property's location at the end of the street. And the restrictive covenants will ensure that no other uses are allowed. I say that as a property owner and as an urban planner with a proud record of protecting neighborhoods from incompatible development and promoting historic preservation. Moreover, the uses would provide a perfect opportunity to educate people about the community's special history as a stay at the B&B or dine at the restaurant. It's called heritage tourism, and it's something that the Village West community has long championed as a tool for preservation and economic development. In closing, Commissioners, this is a good idea. It's something we should support and encourage. Please send a message for property owners throughout the City who want to invest in their historic properties that the City will support them. Thank you, and go Heat. Chair Gort: Thank you. Anyone else? Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. As I did at first reading, I'm just here to urge you to slow down a bit. My understanding is is that the lease on this house started five years ago -- four, five years ago, that the -- that they've had plenty of time to come up with plans, give us something concrete. I'm not here to say that this is a bad idea. I'm here to say that, possibly, like Mr. Pastoriza at the last meeting where they found a problem with Miami 21, they're going to massage it so his project -- I think it was on Flagler, around Le Jeune -- could go through. I think that there's got to be a way when you have a piece of property like this directly adjacent to commercial zoning that through the historic code you could have a transition through the historic code. My other concern is is that the deed restriction, which I've not been involved in but which I -- was in the packet today, it runs with Homeowners and City ofMiami Page 61 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Tenants Association. It doesn't run with the City. It doesn't run with any adjacent property owner. So I would urge you to, if you do not want to, you know, continue this today due to historic issues, zoning issues, I think there might be a neighbor here who's going to express concern that the only group or person, entity that has the right to defend this deed restriction is the Homeowners and Tenants, none of the neighbors in the 500 feet. Thank you. Chair Gort: Thank you. Anyone else? Cynthia Hernandez: Good afternoon, Commissioners. My name is Cynthia Hernandez, andl reside at 3250 Charles Ave (Avenue). I'm here to ask you to reconsider the proposed zoning changes on Charles Ave because the proposed zoning changes will not directly benefit the community and the residents on Charles Ave. I am for preservation but not for the rezoning. Our community does not need more restaurants in which we cannot afford to dine in, nor do we -- nor does our community need more guest inns or parking lots. What our community needs is more affordable housing, job training sites, community centers, or even parks. And what this zoning -- we all know what this zoning change would do in a few years, and it will eventually gentrifi, the street, push the residents out, and pave the streets for more businesses and more parking lots. So if you're going to approve these changes, at least have a -- create a covenant that directly benefits our community. We want a community benefits agreement that will create jobs and that will directly impact the community. You here are here to represent the residents. Commissioner Sarnoff, you talk about equality and you talk about social responsibility. You represent the residents on this Charles Street, so I ask you to represent us, our interest, not the developer's or the business owner's. So again, I ask you to reconsider the zoning change. Thank you. Chair Gort: Thank you. Anyone else? Rodney Mandelstam: Yes, Honorable Commissioners. My name is Rod Mandelstam. I'm an attorney at law. I'm representing here my daughter, Dionne Mandelstam, who owns a property at 3325 Franklin Avenue. We are an affected party and we do have standing to challenge the decision of this Commission. If you like, at the endl can give the Clerk the actual address and show that we have legal standing. There are several different aspects to this application that I think are flawed. The gentleman before -- andl don't know if he had legal standing -- talked about the covenants. Andl would like to ask some questions of either the applicant or the applicant's attorney to answer them. One of the big jokes in this covenant is where the applicant is saying that they will put up a million dollars worth of -- to the tenant's association. My daughter is not part of their tenant's association at all. My question would be -- andl don't know who would be the person to answer it because -- Chair Gort: Sir, you ask the question; they'll be answered later. Mr. Mandelstam: Beg your pardon? Chair Gort: Ask all your questions; they'll be answered later when you finish. Mr. Mandelstam: Well, my question is how -- where is this million dollars? Is this million dollars put up in escrow? Are they purchasing insurance to put up this million dollars? And just like the other gentleman, the City has to be involved in this covenant. So the one flaw in this covenant has to do with this million dollars and who it's going to be paid to. The other thing that they're talking about is that there'll be no vehicular access to the property from Charles Avenue. So my question would be, if there's going to be no vehicular traffic to the property from Charles Avenue, where is it going to come from? Is it going to be on Main Highway? Is it going to be on Franklin Avenue, where my daughter is building a home? And just like the other gentleman said -- and we're also for historic preservation -- by the time we're City ofMiami Page 62 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 through building and rebuilding this particular property, we'll have hundreds of thousands of dollars, not tens of thousands of dollars. But we think that we've done a good deed for the community. We've taken a decrepit pretty much duplex and we're turning it into a very nice building. So the other thing is that in this covenant it also talks about the successors in interest. I need to know whether the successors (UNINTELLIGIBLE) the purchasers of the property. I think that the legal definition of successors would be the successors to the present owners. So are they saying that if they were to sell the property or there were to be a straw buyer or somebody like that, that those people would be beholden to this particular covenant? And again, unless the City is involved in the covenant, it has no strength at all. I'm aware of Attorney Gibbs. He's a great attorney, but this covenant really, in my opinion, isn't worth the paper it's written on. Chair Gort: Okay. Mr. Mandelstam: Andl beg your indulgence. I've never been before this Commission before, but I'd like to take my time. I'm a little nervous. Chair Gort: Well, don't be nervous. You're doing very well. I'm giving you -- Mr. Mandelstam: Okay. Chair Gort: -- extra time. Mr. Mandelstam: I'll give you a little bit of -- Chair Gort: You have gone beyond your time so -- Mr. Mandelstam: -- historical data as well, if you don't mind. It turned out that when I went to law school, I lived in a boat here at Dinner Key Marina for 12 years in the early 1970s. And my daughter, Dionne, the one who's really on behalf -- who's behalf I'm here, she was actually born on the boat the only day in the history ofMiami that it snowed, so it's kind of a nostalgic coming back for me. That happened to be January 19, 1977. I don't know if many of you were around at that time, but it snowed right here at Dinner Key Marina. And even though there were snowflakes falling throughout Miami that melted by the time it got to the ground, the little children here were throwing snowballs at each other. It was quite a historic event. So let me -- some of the other things in the covenant -- for example, they say that any use of the property would have to be approved by the Historic Preservation Board. That's not giving away anything. It has to be approved by the Historic Preservation Board anyway. I don't understand why they would think that the tenants would fall for this kind of situation. Let me just see if there's anything else in here that -- So I've covered the million dollars. I think I've covered the successors in interest. I've covered the traffic. I've covered that the City should be involved. And again, I have no idea who the Village West Homeowners and Tenants Association is because we're certainly not part of it. The other aspect of what I would like to ask is I see the application which is being presented by Attorney Gibbs, andl don't know ifyou have anything in front of you. It says analysis for a zoning change, and this is an application that he has to fill in. And truly, it's a matter of common sense that in all of these squares where he marks 3S'L- an X Tor yes, common sense would dictate that it's ridiculous. Andl want to go through them -- Chair Gort: That's your personal opinion. I need to -- Mr. Mandelstam: No. I'm going to go through -- Chair Gort: I need for you to wrap up, please. City ofMiami Page 63 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Mr. Mandelstam: As I said, I didn't want to be pushed for time because this is a very important matter to me. This matter is an insult to that community. This is a historic house and -- Chair Gort: Sir. Mr. Mandelstam: -- we're very, very afraid at the uses that can be made of it, particularly -- Chair Gort: Sir. Mr. Mandelstam: -- an outside restaurant -- Chair Gort: Sir, I understand, and I've given you plenty of time. You're going beyond the time allocated to you and I'm allowing you to, but I want you to be concrete and go into the specific. Mr. Mandelstam: I -- it's my understanding that this is a quasi-judicial proceeding and that I'm allowed to question -- Commissioner Sarnoff. It's not a quasi-judicial proceeding. Mr. Mandelstam: Am I not allowed to question the applicant? Commissioner Sarnoff. It's not a quasi -- Chair Gort: Madam Attorney. Commissioner Sarnoff. -- it's not -- you're not a quasi -- Mr. Mandelstam: Okay. Commissioner Sarnoff. -- judicial proceeding. Mr. Mandelstam: Well, let me just quickly then run through these things. Number B says the proposed change is in harmony with the established land -use pattern. I think it's obviously not. The proposed change is related to adjustment in nearby districts. Andl think that common sense would dictate no. The proposed change maintains the same or similar population density. If they're asking for commercial intrusion into the neighborhood, it will create a greater density. Chair Gort: Let me try to get something. Mr. Mandelstam: Okay. Chair Gort: Common sense -- this is your opinion, not common sense. It might not be common sense for them; it might not be common sense for us. Mr. Mandelstam: No, but then I would like -- Chair Gort: So it's your opinion that they're not finding that correctly. Mr. Mandelstam: No. I would like to ask the Planning director then to explain what kind of evidence he would have to -- Chair Gort: He will have the chance to do that, sir. City ofMiami Page 64 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Mr. Mandelstam: Beg your pardon? Chair Gort: He will have the chance. That's what I'm telling you. Ask all the questions and we'll answer it for you. Mr. Mandelstam: So I should -- all right. I would like to know from the Planning director on all of these questions that are in this analysis for zoning change, how he would agree with the yes answers because I think that if -- for example, the -- it says that the proposed change positively influences living conditions in the neighborhood. We have people from the neighborhood saying that it doesn't. I would like to know what evidence there is that would show that it will help the people living in that area. It says that it won't have an impact on traffic. If you're going to put in a commercial establishment there, including a restaurant, it will absolutely increase the traffic. I'd like to know if there's a traffic study done that will show that it doesn't impact the traffic. That it -- it says over here that it would have the same (UNINTELLIGIBLE) impact on property values. I would say that there's no study to show that it wouldn't diminish the value of property values. That's one of the reasons that I'm here. Andl think that if there's going to be any commercial establishment that maybe a bed and breakfast would be a good idea, but the bed and breakfast should have limiting conditions. It should have no outside restaurant. It should have no bar. It should allow them to renovate. All the parking should be on -site. There are a bunch of conditions thatl think that the Commission should impose if, in fact, they're going to have a bed and breakfast. I think that maybe even to divert traffic, maybe the developer needs to put a traffic light on Main Highway so that the people won't be going through Charles Avenue. And the last two questions over here, it says there are substantial reasons why the use of the property is unfairly limited under existing zoning. Chair Gort: Okay. Mr. Mandelstam: That's --I can't imagine -- Chair Gort: Sir, I'm sure -- I'll let the Planning Department explain later on their recommendation. Mr. Mandelstam: Okay. Chair Gort: They'll go over all that. Mr. Mandelstam: And then it also says the answer is yes to this, that it is difficult to find other adequate sites in the surrounding area for the proposed use. There are so many different sites in Coconut Grove that would accommodate a bed and breakfast without impacting and intruding on the residential neighborhood. So I feel very, very strongly about it. I -- again, I beg your indulgence. I'm not familiar with the rules of this particular Commission, but I think that the Commission should do the right thing, and at the very worst for the neighborhood, have it be a bed and breakfast but with very limited conditions. And if you feel that way, I would be very happy to work with Attorney Gibbs to work out a proper covenant and proper conditions that we may be able to come back to this Commission at some later time and help the developer get the bed and breakfast possibly, but I think that really the entire application should be rejected. Chair Gort: Thank you, sir. Anyone else? Jihad Rashid: Jihad Rashid, president of Coconut Grove Collaborative, 3628 Grand Avenue. I'm here to ask -- reaffirm my earlier support for this project, and going forward say that out of the many years that I've worked in this community as a board member of the Coconut Grove City ofMiami Page 65 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Local Development Corporation in the '80s and as executive director of that agency later and with the Coconut Grove Collaborative, we've seen Charles Avenue suffer blight by neglect, and we welcome the newcomers. And because of that neglect, they have found great opportunities to be able to move in this community at a reasonable price. But we've been there in all seasons and good weather. And there's no one more intimately concerned about the prospects of deleterious zoning, but this community -- this proposal, like -- unlike many others, engaged the community beforehand. And most of our concerns have been assuaged. It will allow for good reuse of the community, good use of that property with certain protections in there. Because of those protections and because the stabilization is a better alternative to the status quo, which no one speaks against. So there's solutions in this project and it's a win for the community. It's a win for the City. It's a win for the developers because we're working harmoniously and synergistically. We're comfortable. We've been there for the duration and nobody can substitute themselves for concern. We appreciate their concern. And going forward, we invite them to work with us. We've reached out to the U ofM (University ofMiami) CUCD (Center for Urban and Community Design) and various other people have worked on overlays going forward. Invite them to be a partner in the maintaining of the heritage and the residential handhold for this community. So I, again, urge you to support this and we can all be comfortable that no ill effects will result because of this, only positivity. Thank you. Chair Gort: Thank you, sir. Anyone else? Anthony Vinciguerra: Hi. Good afternoon. Thanks for your time. My name is Anthony Vinciguerra. I live at 3325 Charles Avenue. And like the other residents of Charles Avenue, I just want to really express my concern about this rezoning. It's been framed that this is going to be something that's good for the community, that's going to help the residents of Charles Avenue. I haven't heard a single current resident of Charles Avenue today supporting it, but that's because we're residents. We don't want a restaurant, a bar, or hotel on our street. There's been a lot said about the covenant and how it's going to provide protection to the community. And I'm sure you got a chance to look at it. I have it right here. I've looked at it really closely, and it's very weak. As it's already been said that the Homeowners and Tenants Association is the only people listed as an enforcement -- enforcers on it. The residents on the street don't necessarily have a say in that process. I know at the last hearing the City Attorney said that the one foot easement would not necessarily stop adjacent properties from becoming commercial. I'm not sure if that's the still the case, but that's what we heard at the last hearing. So, again, I think it would just be really -- as a resident of Charles Avenue, all of those that you've heard from today that live on Charles Avenue would really love to see Commissioner Sarnoff take a stand to support us, to support the residential aspects of the street. And if this was going to get passed, at least send it back to have a covenant that's right, that really will protect the community. Thanks. Chair Gort: Thank you. Anyone else? Grady Muhammad: Mr. Chairman. Chair Gort: Excuse me. Mr. Muhammad: No problem. She can go. Women first, without question, Mr. Chairman. Becky Matkov: Hello. I'm Becky Matkov, executive director of Dade Heritage Trust. Andl -- as I'm hearing the discussion, I wanted to suggest a possible compromise because I understand how important it is to restore this home, the Stirrup House, incredibly important historic resource. But I think having a commercial use could be -- as an adaptive reuse of historic property can be very appropriate. But I also understand the needs of -- or the feelings of people on the street who do not want it to become entirely commercial. For the Henriette City ofMiami Page 66 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Harris House on Brickell Avenue, about ten years ago we put a -- or the City put a historic overlay on that beautiful colonial home across from the high-rise condos. It's on the west side of Brickell. And that overlay enabled a law firm to restore it and use that house, and that was a wonderful way of saving a beautiful house which could no longer be maintained as a home. And it seems like this -- if you put a historic overlay which only grants the permission for that particular person -- I mean, that particular purpose in that particular house, it does not change the zoning of the street, it does not enable it to be encroached upon or it to encroach upon neighboring properties that perhaps that would be a way of handling this that would make everybody happy. Thankyou. Chair Gort: Thank you. Yes, sir. Mr. Muhammad: Grady Muhammad, CEO (Chief Executive Officer) ofMiami-Dade First. This is an opportunity to think outside the box. This is a wonderful project, a historic -- the family -- but I think we can do better. We can keep it residential. We can keep it historic, and now we can do it -- Each Commissioner in 2001 was given $5 million of Homeland Defense funding for capital improvement. This is in the Chairman's dis -- former Chairman's district. We can use those funds. And if we can't use those funds, then I would have no problem offering my services for free to lobby Miami -Dade County because they have historical dollars. We just gave $3 million to the Biltmore. We've given $5 million to Opa Locka. We gave money to the McFarlane House. Andl think potentially, even with our own Homeland Defense funds, any funds of interest earned that was not allocated to any project or any project that was already completed and other funds that was there, we could potentially close those projects out, recapture those funds, and then potentially use some of these funds to be able to keep this property historic and residential. And likewise, we can go to the state because we have to think outside the box. There's lots of ways and there's funds, especially the bond money from the City ofMiami, 150,000 and maybe another 150,000 from Miami -Dade County from the interest earned on the bond sales that have not either -- projects that have been cancelled. We potentially can use that, andl think we should, Mr. Chairman and Commissioners. Thankyou. Chair Gort: Thankyou. Anyone else? Yes. Go ahead. George Simpson: My name is Dr. George A. Simpson. I live at 3619 Percival Avenue in Coconut Grove. I've lived there since 1953. I am a member of the Stirrup Family by marriage. My wife is the granddaughter of the gentleman, E. W. F. Stirrup, Senior, who built this house. There is no argument by anybody in this community about the significance of this house. There's no argument about the significance and the service to the community, which E. W. F. Stirrup Senior gave to this community and has the family throughout all these years. Everybody agrees that this house should be preserved, the Planning Board, the City Commissioners, I think, in general, the Zoning people, the Historic Preservation people all believe that this house should be preserved. I do; our family does. It was a wish of E. W. F. Stirrup, Senior who, by the way, laid out Charles Avenue, laid out the street before he built his house there, built his house on one end of the street and a cemetery for the community and his family on the other end of the street. So there's no question about the historical significance of this. Everybody agrees to it, but I think of the old phrase, everybody wants to go to heaven but nobody wants to die. Everybody wants this house to be preserved, but nobody wants to do anything about the mechanism for preserving it. There's no argument that -- we have asked. There is no money available in any reasonable amount of time to preserve this house. Time is not on our side. We have to do this and we should do it quickly. So I would like to think in terms of going down the street to all the neighbors and saying, okay, pony up for this month the money to preserve this house. I don't think I'd get very far. A way has been proffered to preserve this house and make it economically self-sustaining. We're not talking about a new restaurant. We don't need that. We're not talking about a new bed and -- we're talking about a mechanism to preserve this house in an economically feasible way. And if it takes a bed and City ofMiami Page 67 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 breakfast or a restaurant, it should be done because this is the will -- I think it's the intention of the community. So I would urge the Commission to go ahead with this, to be conscious of the time element because this house is deteriorating, knowing that this is the only feasible way of doing what the community it seems to want, the preservation of this historically significant house. Thank you. Chair Gort: Thank you. Anyone else? Franklin Sands: Honorable Commissioners, my name is Dr. Franklin Sands. I'm executive director and CEO of St. Alban's Child Enrichment Center here in Coconut Grove. I wanted to follow Dr. Simpson because we go way back. My family are pioneers here. We're talking about the 1800s. I was born on Franklin Avenue. I went away and did a lot of things, and finally, I'm back here. But something that I did away pointed me back home. I was one of the first black PhDs at FSU (Florida State University). There, had the opportunity to go to the Republic of South Korea for the purpose of redesigning and revamping the elementary and middle school system there. Korea has moved in an economically competitive direction, and this is something I have in my vision for St. Albans. We talk about historic fixtures. Absolutely, the Stirrup House is one. St. Alban's also is definitely one. I've had an opportunity to talk with one of the developers who convinced me that he cares about this community. He cares about historic fixtures here, and he is willing to support these historic fixtures. Now three years ago when I and -- I came before this Commission andl haven't been here since. This is the great opportunity for me, andl want to take advantage of it because at that time we started on a journey of saving St. Albans. It was in dire circumstances, being threatened with closing its doors, depriving the low-income children and their families in this community an opportunity for an education, for a better life. We didn't want to see St. Alban's go the way ofJESCA (James E. Scott Community Association), where the doors were actually closed. We started a movement, a movement grounded in the belief that no longer could we expect our customers and stakeholders to simply accept our perception of quality. Rather, we had to become data -driven, searching each day for better ways to provide high -quality services to these young children and their families in this community. And we have a staff there at St. Alban's that goes way back. And I'm concerned about our survival also as a historic fixture in this community. Our movement was never about merely reestablishing the status quo. There at St. Alban's it was about developing a new and profound impetus for creative change in this community, change that takes full advantage of our community's -- I called it the CDS -- I'll wrap it up. Let me just simply point to some opportunities that we have in this community that developers and many others can help us. We have one heck of an educational network in this community. We have early childhood care and education, public and private elementary, middle schools, senior high schools, Coconut Grove Cares, Barnyard, a fire college, the University ofMiami, centers of art, churches, libraries and other educational and developmental community assets. Ladies and gentlemen, there should not be a worry for our kids, for our children and our families. We have a continuum of solutions here in this community, and ifI see support coming my -- in my direction, I want you to know that I will totally support as I do this positive step in Coconut Grove. Thank you. Chair Gort: Thank you. Anyone else? David Porter: I know it's been going on for a while, so I'll be brief. My name is David Porter. I'm president of Stirrup Properties, 3351 Hibiscus Street. Obviously, we're in complete support of this, but I want it to be very clear. E. W. F. Stirrup was my great-grandfather. The house was built over a hundred years ago, and admittedly, he built it very well. But with that being said, after a hundred years, if we don't put some money into it, the house will not survive, and the family just does not have the money to put into it, plain and simple. So we've looked hard. We've looked -- searched all over trying to find the resources for us. We haven't been able to do that. This opportunity came along. We were able to negotiate an agreement, which we made City ofMiami Page 68 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 sure we maintained the historical aspects of the house. I mean, people talk about the historic aspects of the house, but I played in the house when I was a kid. I learned how to play bridge and Pokeno and things like that from my great aunts who lived there, so I know the historic importance of the house, and we will make sure that that is maintained. But if we don't approve this, the house will continue to deteriorate and it will be gone. And so I think that the City Commission needs to take that into account as well. And with that, thank you for your time. Chair Gort: Thank you, and anyone else? Yes, ma'am. Hattie Armbrister: Yes. My name is Hattie Armbrister, andl reside at 3350 Charles Avenue. In the beginning when they came up with the first covenant, they were trying to, I guess, protect the community on Charles Avenue, and you were having meetings at the Miami Arena. And Mr. Gibbs was the attorney, and that was before they built the condos. They had a covenant that took place. And he said, oh, well, you don't have to worry about anything. Nothing else will ever happen. Now we're back here with the same issue, a covenant again. Now I can see preserving the Stirrup House if they're going to use it. If they don't want to repair it, donate it to the school system. Let the County restore the house. Open it up to the children. Let them go in there and learn something. But a bed and breakfast or any type of business down there? No. Rezoning? No. But I can see the schools using it and taking the children in and putting it to good use. You have a private school on Commodore Plaza. Let them utilize it for something. But bed and breakfast? No. I want my community preserved as a community. Sure, Charles Avenue has a lot of history. The Stirrups are one of the first families that went in the Coconut Grove Playhouse. But why? Complexion means a whole lot when things are segregated and other people are not allowed in and you can go through the back door. But I'm against the project, totally, completely. There's no way that I would ever change my mind. And in the last meeting you had, they sent out notices. For some strange reason, I get a notice two days after the meeting. I didn't get notified about this one at all. And when you come down Charles Avenue, there is no notice on the house. It's on the house next door to the Stirrup property. Why they put it on another address, I have no idea. Chair Gort: Thank you. Next. Tiffany Norman: Good afternoon. My name is Tiffany Norman. I'm the owner ofTNMiami, Inc., andl am also a resident at 3589 Franklin Avenue, for about three years now. So I understand I'm not breaking any records there with this crowd, so I proceed respectfully in that vein, andl still feel like I have a story and thatl have a voice. And every day I walk past Charles Street [sic] and my heart weighs heavy for the Playhouse, for the Stirrup House, so rich in legacy. What do they say on the tour buses that are coming up and down Franklin and Charles Avenue about the -- about our community, about these historic properties? The street, you know, as we all know, was once the center of commerce and the gateway to the West Grove, and now it's a boarded -up edifice wrapped in, you know, misunderstanding and in controversy. And the way this property is standing today does nothing for the seeds of legacy planted by Stirrup and the other families that have been here for so many years. This is -- you know, this current state isn't doing anything for the honor. It's not justice. It's not right for the Stirrup House or the rest of us that are living here and that are still standing and still holding on. I would like to give someone the opportunity to be able to have those tour buses be able to say something of note when they drive down the street. And so -- just recently today have been given the covenant andl haven't been able to look at it and come up with any definitive solutions, butt know that that's why we have elected you. And so I hope that you will make the right decisions here moving forward. So thank you very much. Chair Gort: Thank you. Next. Anyone else? Barbara Lange: My name is Barbara Lange. I live on 3495 Via Abitare Avenue, andl was City ofMiami Page 69 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 here the last time speaking, andl asked for a historic overlay, for it to be looked in -- I believe it was in 11000. And this isn't something that is just good for this one property. This is good for every property, every district. And once again, I'd reiterate that, and won't take up your time. But while Mr. Sands was speaking and talking about St. Albans, I believe it was, I have a question. And it's my understanding that there are promises -- if there are promises made, whether they're in writing or not in writing, that they have to made -- be made public at the Commission meeting. And I'd like to know -- I'd like a Commissioner to ask Mr. Gibbs or I'd like Mr. Gibbs to stand up and answer the question has something been offered for --? Chair Gort: Excuse me. The procedure is you ask the questions. They'll take note. At the end of the presentation, they'll answer all the questions. Ms. Lange: Okay. Chair Gort: Thank you. You got that, right? Okay. Anyone else? Williams Armbrister: My name is Williams Armbrister. I live at 3260 Thomas Avenue. I'm a registered lobbyist with the City ofMiami. I am not the lobbyist for any organization per se, but I am representing a number of residents that live on Charles Avenue that are not currently here, and I'd like an adequate amount of time to make my presentation to you Commissioners. Chair Gort: Let me tell you. So far I've been very good. If it had been some other time, it would have been cut in half so go ahead. Mr. Armbrister: Well, I'd like to start at the beginning of the situation that we're faced with in this community. First of all, we are faced with an organization represented by an organization that is not identified as one who represents the entire community, first of all. And second of all, they don't -- the organization that's come up with a covenant that is valueless does not represent any of the residents on Charles Avenue. This is an extremely important issue and should not be just voted on for the sake of getting it out of the way. We have this zoning change that will and could permit a restaurant. It could permit a nightclub. It could be used for an educational facility. But I don't know of any educational facility that they might be able to put there under this T4 that could create the type of revenue that will be necessary to recapture the funds that will be needed in order to pay for their investment. We want to protect our residential corridor. And under this Miami 21, it states that we're supposed to encourage commercial redevelopment, but it does not indicate that commercial redevelopment should encompass the residential community. We -- Miami 21 makes clear that we're supposed to preserve the residential character of a community. And changing the zoning on Charles Avenue does not protect or offer any protections for the residential character of that street. This covenant, as stated by the Zoning [sic] director, Mr. Garcia, in the last meeting, was that it was basically worthless. I printed it on four sheets of paper and the paper had value before I printed the covenant on it. It poses no protections whatsoever. And what -- as far as a million dollars is concerned, that money is -- the million dollars is to be deposited where until such time that it need -- this covenant needs to be enforced. And also, in looking through Miami 21, I was looking hard and long for covenant agreements to be listed in Miami 21. And as it is not listed in Miami 21, I consider this covenant evidence that should not be presented in this hearing. It should be something that should never be entered in this hearing. The fact that the Stirrups have not put a hundred dollars -- invested a hundred dollars in the upkeep of this house for the past two or three decades, even though it's presented in this hearing, it should not be taken into consideration. The only thing that should be taken into consideration is your responsibility and that your decisions should reflect the expressed concerns of the residents or voters that you represent. And if at such time your decisions are not reflecting the concerns as they are expressed by the voters, then you're not doing the job that you were elected to do. So we -- for that reason the covenant and what Miami 21 stipulates and indicates and makes clear that the City ofMiami Page 70 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 residential corridor for Charles Avenue should not be interrupted or changed in any manner to suit the whims of a developer who's saying just put a down payment on the car, I got an empty car lot -- this is an illustration. He's saying, I've got an empty car lot here, but whatl want you to do is make a down payment on the car, and when the cars come in, I'll call you in to choose one. That's exactly what this is. He's telling us nothing. And I thank you for your time. Chair Gort: Thank you. Anyone else? Excuse me, sir. Dr. Simpson, you already spoke, sir. I'm sorry. Pierre Sands: Good afternoon. My name is Pierre Sands. I'm president of Homeowners and Tenants. I think that over this two -month process -- it's actually been two months. Again, I want to say that as I said earlier in the previous hearings, that I'm proud to be a member of Homeowners and Tenants, which is an institution that's been in Coconut Grove since 1954. I am also happy to be a part of this process; for the first time in the four years that I've been involved with Homeowners and Tenants is that we actually have a developer who has come to the community not with lip service, but with real guarantees to the community. And so after having met with the developer no less than eight times -- and many of those times, they have been a public format at Homeowners and Tenants -- we are very satisfied with this proposal, and we urge that you support it as well. Thank you. Chair Gort: Thankyou. Anyone else? Have all the people that are speaking been sworn in? Okay. Courtney Kelly: Hi. Chair Gort: Have you been sworn in? Ms. Kelly: Yes. Chair Gort: Okay. Ms. Kelly: My name is Courtney Kelly. I live at 3421 Charles Avenue, and we bought our house a year and a half ago, and we bought it because of the residential neighborhood feel on Charles Avenue. And our fear is if you turn something into commercial that the traffic and the residential feeling will go away. And we like being able to talk to our neighbors and stand outside and visit, and our big fear is that we won't be able -- we won't have that anymore and people will turn into their homes. And so just to reiterate Cynthia and Anthony and the residents that are on the street -- which I haven't seen -- heard anybody who has been for it and it directly affects us -- we are opposing it. So thank you. Chair Gort: Thankyou. Anyone else? Yes, sir. You got a few minutes for rebuttal and answer all the questions that have been asked. And before you answer, I'd like to ask our attorneys -- some legal questions were asked. I don't know if you took note on it so you can answer them. Maria J. Chiaro (Deputy City Attorney): I don't know what the legal questions were. Chair Gort: Okay. Mr. Gibbs: I can -- Chair Gort: We'll get them. Go ahead. Mr. Gibbs: I'll respond and then if the City Attorney wants to chime in and disagree with me or whatever, that's fine. Again, Tucker Gibbs. I wanted to talk -- I'll talk in order. Mr. City ofMiami Page 71 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Mandelstam talked about the covenant. I think the covenant has been the issue du four on this. Andl went over it at the last meeting andl will go over it again to place it in the record so everybody can hear it. The covenant -- we understand the neighborhood's concern. The concern is the domino effect. We've been hearing about you -- Commissioner Gort -- Chairman Gort, you've been hearing about this for a million years sitting up there. That is a legitimate concern. The issue of the one foot buffer is not something that we proposed; the community proposed it. Knowing that the one foot buffer could be a problem and might not be upheld by a court, we voluntarily proffered in our covenant that not only will there be a one foot buffer, but in addition, we, meaning the Stirrup Properties and the lessee and any officer of the lessee, will not purchase and seek the rezoning of the adjacent single-family property. Period. They will not do that and their successors and assigns. By the way, successors and assigns, it's anybody who buys the property. This is a deed restriction. It runs with the land. And this deed restriction can't be changed unless 100 percent of the people who own property within 500 feet agree to change it, in addition to the Coconut Grove West Homeowners Association -- Homeowners and Tenants Association. They have to approve it too. So that's a protection. That's a major protection because that means that nobody affiliated with us is going to seek a re -- buy that property and seek its rezoning. If they do, if the lessee does this -- and this is the big concern -- there is liquidated damages. Yes, you have to go in court and get the liquidated damages and the prevailing party will get their attorneys' fees paid for. But the fact is is that my clients will be -- my client will be on the hook for a million dollars. Yes, paid to the Homeowners and Tenants. Why the Homeowners and Tenants? Why does this declaration run with the Homeowners and Tenants? First, let me explain something. This is not a settlement agreement. This is a deed restriction. It is a voluntary deed restriction. It is not a quid pro quo. What it means is my clients are not asking anybody to support this. We have not asked anybody to support this. If we get this rezoning and land -use change, we will record this covenant if nobody said they supported us, and said this at the last meeting. We're not asking for everybody's support, and this covenant is here to help assuage the concerns of a neighborhood. Some neighbors say that's okay; some neighbors say it isn't okay. The point is -- back to the Homeowners and Tenants -- it runs with the Homeowners and Tenants because the Homeowners and Tenants is the oldest continuing operation -- operating civic association in the West Grove. It is a legitimate group. It has been in operation for over 50 years. That's a long time in Coconut Grove. I can think of only one other organization in the Grove that has been in existence that long -- civic organization. So let's look at what are the promises. In addition to the promises not to seek the rezoning or purchase the property and seek the rezoning of the property next door, the owner must maintain property insurance sufficient to completely restore the historic Stirrup House pursuant to the standards of the Miami -- City ofMiami Historic Preservation Division, which includes the Secretary of Interior Standards for Rehabilitation. Which means if this building burns down, blows down, or whatever, is destroyed, it has to be rebuilt just the way it is. That's what we are promising to do. That will -- there will be an insurance policy and you will have to do that. There will be no vehicular access to Charles -- on Charles Avenue to this property unless this property retains its single-family use. Any use of the property shall be approved by the Historic Preservation Board after a public hearing. Here is another bit of misinformation. The Historic Preservation Board does not approve the use. They give certificates of appropriateness. We are asking the Historic Preservation Board to approve whatever use we are applying for. And the reason why we're waiting, we are waiting for the rezoning. Once we get the rezoning, we know what we can put in there. We can put in whatever is allowed under that zoning. And Mr. Armbrister, that does not include a nightclub. It does not include a nightclub. It includes bed and breakfast. It includes a restaurant. It includes a cafe. It includes those uses. But again, we're waiting for the Historic Preservation Board to say whether those uses are appropriate. Finally, it will have a lush landscape buffer along its west boundary with lot 24. That's what we've promised to do. Now some people have said, why not have the City ofMiami be a party. This is not -- this is a covenant. It is not a settlement agreement. We are not asking for your approval of this based on this covenant. We are telling you that if you approve, we're going to do these things. You City ofMiami Page 72 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 want to add these conditions into -- excuse me. If you want to tell us to do other things, fine. Tell us to do other things and we'll tell you if we can or we can't. We'll say yes or no and you'll make your decisions accordingly if that's what you want to do. But this -- what we're doing here is we're putting this in the record; this is what we're willing to do for this community. The deed restriction is as strong as I can make it. It means that if anybody -- if there's a violation of this deed restriction, the Homeowners and Tenants can come in and they can say there's a violation. If we've gone in there and violated, their attorneys' fees get paid if they're found to be correct. I don't know what else I can do here. I've told you all everything we've done. People may laugh about the million dollars. The million dollars is a statement more than anything else. My client is not going to risk a million dollars by buying the property next door and trying to rezone it when it's in this agreement -- when it's in this covenant that if he does that, the Homeowners and Tenants can go into court and get a million dollars. We're trying to protect the neighborhood. Now somebody talked about getting money for the neighborhood and a jobs program for the neighborhood. That's all well and good, but this is a rezoning issue. This covenant focuses on the impact of development, the impact of the rezoning, the possible impacts. Giving money for a jobs program is not a zoning issue and is not related to a zoning issue, and that's what we're dealing with here. I wanted to -- let me see what else I need to talk about. The -- oh, the Harris House on BrickellAvenue and the issue that Ms. Matkov and Ms. Lange brought up. The issue here is the historic overlay -- and Mr. Garcia is the expert and he can present on that. But it is my understanding that under the comprehensive plan, you can't put -- under the comprehensive plan, you cannot put a commercial use in a residential land use. Now you might be able to put an office, but you can't put a commercial use. An office will not pay for the adaptive reuse of this particular property. The -- I had one other issue I wanted to bring up. I don't remember what it is, so I will -- Chair Gort: Okay. Mr. Gibbs: -- leave it at that. And thank you all very much. We urge you to support this. This will protect the neighborhood, andl think it's a great idea for the community. I've lived in this community my entire life. I have worked hard in the Coconut Grove community. I've studied this community. Mr. Betancourt couldn't have said it any better than anybody. This is about preserving the history of a community. That is the identity of a community. And I'm not talking about skin color. I'm talking about Coconut Grove. This is about our identity, and it's important to preserve it and that's what people should be thinking about. Thank you. Chair Gort: Thank you. We'll now close the public hearings [sic]. Sorry, ma'am. Public hearing is -- I've given plenty of time to everyone. I've been very good. I've been very nice and given plenty of time to everyone. At this time, the answers thatl -- public hearing is closed, okay. Ms. Lange: There was a question that was not -- Chair Gort: Public hearing's closed. The questions -- I'm going to go into answering the questions now. If you allow me to run the meeting, I'll do it. If you want to run it, I'll let you come up here and you can run it. Madam Attorney, my understanding is the question that was asked by an individual is that they don't believe that the covenant are any good, they're nonsense and so on. Ms. Chiaro: I would not characterize the covenant in either of those terms. However, the covenant has no impact, no force and effect as it relates to the City. It may be an unenforceable covenant because of the description of the beneficiary of the covenant, and that is an association. I received this covenant in its present form today, did not review it for form and legality since it is not a covenant that in any way impacts the City. There is one element, though, that I believe I need to explain to the City Commissioners. The part of the covenant City ofMiami Page 73 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 that discusses the agreement to -- notwithstanding Mr. Gibbs' statement that this is not an agreement -- the agreement not to purchase the adjacent property is not the -- something that is -- that runs with the land. That is something that may restrict a person or an owner, but it does not run with the property and therefore is not the traditional covenant language, nor do I believe it is legally enforceable covenant language. Chair Gort: Okay. Ms. Chiaro: Again, however, the City has no interest and no ability to enforce any of the provisions of this covenant. And whether the entity for -- who does have the ability to enforce, whether that's a legal and enforceable entity is not something that we have examined. Chair Gort: Thank you. Mr. Garcia, some questions were asked about the applications and your recommendations and where they believe that the square they fill in was not -- it was nonsense. Mr. Garcia: Right. Andl will -- I've taken note, andl will try to answer all of them to the best of my ability. And please ask further, ifI should leave anything unaddressed. First, as pertains to the covenant, certainly, the City Attorney has addressed the legal aspects, but I also wanted to assert from the Planning review standpoint that our recommendation of approval is not at all based on the covenant itself. What I am saying is we are recommending approval of the change of land use and zoning based on the merits of the changed land -use designation and the changed zoning designation. I will go back one step and tell you that the change specifically is from T3-R, single-family residential, to T4-L. T4-L, the net change in terms of what you would expect to see developed on this property after the change versus before the change, the net change is basically one additional story -- so from two stories to three stories -- a slightly -- and I emphasize slightly expanded set of uses, but limited. And by limited we mean that they are only to occupy 50 percent of the property in question. And these uses are in -- the ones allowed -- the ones that would be allowed should the zoning change be approved would be in scale and in size limited to be geared towards the neighborhood or neighborhood -oriented in scale. Now the reason why we think it makes good sense to have a T4-L designation here is the following. You will see on the screen those of you who are here -- andl believe you have it in your screens, Commissioners, as well -- that the property in question abuts T5-L to the east as the zoning designation -- I'll describe what they are in a moment -- T4-L to the south, which is what they are seeking to change to, and C-1 to the north, and that's, of course, the Playhouse property. Now whenever a T3 zoned property, single-family residential or duplex residential, abuts a T5 property, which is significantly denser in intensity and in density, whenever that abutting condition happens, the T3 parcel suffers and there is friction there. The reason for that is that you have a single-family residence -- and we've seen many pictures of this throughout many meetings -- next to a five -story building with many residential units and presumably commercial establishments as well. And so that is an unhappy relationship there. What we've said in principle throughout -- and these principles are contained in our zoning ordinance -- is that those two zoning designations, T3 and T5, should not be abutting one another, but there should be a buffer in between, which is what T4 is, that is intended to create a proper and orderly transition. And even if it is the case now or over the next five, ten, fifteen years that this property does not get redeveloped from what it is presently to anything else -- because we all recognize that there is historic value to the existing structure and there is a historic designation protecting it. If it should be redeveloped in the future, it makes sense then to have -- to ease off that relationship by having a slightly denser use that is neighborhood -oriented in scale but that also fares well when abutting a higher density, higher intensity property, which is T5-L. To add to that, this property is located very close to Main Highway, which is a fairly major thoroughfare and mostly commercial in character, especially from this point north. In addition to that, this property happens to be right south of the Coconut Grove Playhouse, which although in its present state is fairly dormant, if not dormant altogether, in some -- at some City ofMiami Page 74 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 point in time in the future, we all hope it will be redeveloped or spruced up or rehabbed in a functional manner, and when that happens, once can safely expect that there will be a significant degree of parking. And to boot, the access point to that parking space or that parking surface area happens to be right in front of this property or one of them is. There are others along Main Highway. All of this is to say that the long-term sustainable, viable scenario for the healthy development of this property is best considered under T4-L. To leave it at T3-O or T3-R as it is presently is basically to make an uncomfortable use for the duration of the present structure. That goes to zoning directly and that is why we are recommending approval for the land -use and the zoning change. In addition to that, I think it's probably prudent to add for probably the comfort of many of those who have come here to express their concerns that this application before you today is not to approve the use or any particular use. Those uses in particular will have to go through a separate review process and the redevelopment or sprucing up of the property will have to go also to the Historic and Environmental Preservation Board, covenant notwithstanding, which means the historic structure that is there today cannot be altered. It's already protected by the historic designation. And before any use or any rehabilitation proposal for it is brought forth, the Historic and Environmental Preservation Board, in a public hearing, has to consider it and approve it. Said consideration and approval can also be appealed to this board, the board of the City Commission, in a public hearing. The bottom line is that we feel that there are abundant safeguards and abundant review procedures, both private, administrative, and public, to assure everyone involved that the redevelopment of this property will be a positive one for the area. I'll check my notes quickly to see ifI have addressed everything that has been asked. Oh, one more point that haven't addressed. It has been mentioned and it was mentioned previously by Ms. Lange that the existing historic overlay designation -- and incidentally, I should mention also that Alexander Adams, the City's preservation officer, is with us in case you want to follow up with any additional questions. But to make it quick and to address the point, the historic overlay does allow for a very limited range of adaptive reuses that could be placed on this property, and I'll read the three- or four -line list of these uses so that you can get a sense of what these might be. They are rehearsal studio space, gallery space, performance workshop areas, classrooms for arts education. There was one that was slightly more -- yes, bed and breakfast happens to be another one, museums, all of which are certainly -- certainly merit consideration, andl would imagine that the property owners would consider each and every one of these. However, we feel that a restaurant on the ground floor only, and then there are limitations as to how big the restaurant can be inherent in the zoning designation applied for and office use, are completely compatible with the general outlay of the area and contextual with the abutting properties. Chair Gort: Mr. Garcia, will you explain for the benefit of the people here what the one foot perimeter left out of the zoning represents. Mr. Garcia: Yes, sir. Thank you for asking. Chair Gort: And we do -- the City do have control on that. Mr. Garcia: Thank you again for asking. We frankly would discourage and have discouraged applicants uniformly, not this applicant, every applicant from submitting such proposals. The reason is this. Although we understand that there is ample goodwill manifested by the applicant by proffering this protection device, let's call it, in this particular case that protection device would not have effect. The reason is this. The properties to the west, immediately to the west of this property are already abutting a T4-L zoning designation and therefore any of those properties has presently the right to apply for a zoning change upward. Now why can I say that safely being staff for the City ofMiami? The reason for that is that we have ample criteria and if a zoning change should be applied for in any of these properties and we should think that that is not appropriate, then our recommendation would be for denial and that's how we address these matters. Covenants such as those provided by Mr. Gibbs -- and again, the beneficiaries City ofMiami Page 75 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 in this case would be the neighborhood association -- frankly confuse the zoning atlas, confuse the zoning ordinance, are not contemplated by our zoning principles. And in the end, we feel we have the appropriate controls internally, as part of our zoning ordinance in the City code, to address these potential adverse effects. Chair Gort: Thank you, sir. Mr. Gibbs: Mr. Chairman, can I address this one thing very quickly, just that one point? And it'll be two seconds. Chair Gort: I closed the public hearings [sic]. Unless somebody ask you a question, we can't do anything. Sony. Mr. Mandelstam: Mr. Chairman, I asked a very -- Chair Gort: Excuse me. Public hearing is closed. Right now -- Mr. Gibbs: Thank you. Chair Gort: -- we -- the Commission has discussion. Mr. Mandelstam: I asked a very -- Chair Gort: Excuse me. The public hearing -- Mr. Mandelstam: -- important question that -- Chair Gort: -- is closed -- Mr. Mandelstam: -- wasn't answered. Chair Gort: -- sir. Sir, the procedure is closed. Yes, sir. Commissioner Dunn: Mr. Chairman, I -- certainly, every time homeowners come in and residents come in, it's certainly a -- it's not easy to make decisions. I'm always cognizant and sensitive to the concerns of community residents. I face it quite often in my district. I also follow, in most cases, the decorum and the -- pretty much the desire has to -- is to give deference to the district Commissioner, but there are some other things that I feel today that was given in the presentation by Mr. Garcia, andl want to commend you, Mr. Chairman, for allowing -- andl hope that the residents heard Mr. Garcia. I hope that you heard him because there are some -- some of the concerns that were raisedfrom -- in the public hearing were, in my estimation, addressed -- aptly addressed by Mr. Garcia in terms of providing some checks and balances. I happen to know or have known the Stirrup family. My mind goes back -- and I'm trying to -- I'm going 30, 40 years ago. I believe Mr. Stirrup was a heavy fellow, Bill or Williams Stirrup. Dr. Simpson, I know that family. And I can't think of perhaps someone having more vested interest in the historical preservation of a property than the family. I just don't think you can get any closer than that, especially when they are trying and have looked -- based upon the presentation, they've gone and looked to see what ways they could possibly go about to preserve it. And with some of the answers -- andl see some of you nodding your head andl understand. It's okay. I'm not -- I understand that. But our attorneys just gave a thorough, detailed outline on what some of the procedures are, and this is just a zoning change. I am very much inclined andl will now make a motion to approve. Commissioner Sarnoff. Second. City ofMiami Page 76 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Chair Gort: Oh, you made a motion? Commissioner Sarnoff. Mr. Chair. Chair Gort: Okay, it's been moved and second. Commissioner Sarnoff. Mr. Chair. Chair Gort: Discussion. Yes, sir. Commissioner Sarnoff. I take it everybody's in agreement that they want to save the Stirrup House; question just is how. I've heard that Miami -Dade County School Board is going to come down and possibly put a teaching establishment in there. Yet, I happen to know their budget probably as well as they do and know that they are going on two -week furloughs this year and will have to lose about 4,000 people, although they're not characterizing it as such. So I know they're not in a good financial condition to do so. Then I heard that tour buses would stop there, and think to myself well, who's going to fix it for a tour bus to stop? Andl don't know. I've never been a status quo guy. I've never been comfortable with the status quo. I've always thought we as a society should learn from the past, embrace the past and move forward into the future so that we continue to preserve what we can of the past. But not just live in the past; figure for the future. And you know, I have relatives that live in Maryland. I have stayed in some bed and breakfasts that go back to the year 1800 that would not be preserved from the -- I guess it's the Daughters of the Republic, maybe Becky McAliley [sic] knows it better than I do, but it's the -- Daughters of the Revolution, sorry. Daughters of the American Revolution. These establishments wouldn't exist but for the fact that they have a commercial application, which was a bed and breakfast. I guess I would have never had the opportunity to stay in some of these places or see them, and guess they would have been bulldozed because they certainly were in residential communities amongst very large houses, amongst a very affluent community. In this circumstance, you have a historic structure that there is no visible means or signs that this could ever be preserved by any governmental entity in today's dollars or with today's thinking. Andl think what you're really saying is, you know what, I really don't care that much about the Stirrup House because I just simply want things to remain the same and it's just the way I really feel. But nobody comes and really says that because it'd be better to say, well, let's look at other ways of dealing with this. There are no other ways of dealing with this. And in the words ofArva Moore Parks, who I guess is the historian for the City ofMiami or certainly our history person, there's nothing worth restoring that doesn't have an adaptive reuse. What she's saying there is you can't preserve history just for history's sake. You have to preserve history for use. And I don't think in my mind -- I don't know any of you would agree or disagree with this -- that simply somehow fixing this house you're going to suddenly get a bunch of visitors to go there unless and until you create a plan and that plan is part of probably one of the most successful restaurants in the City ofMiami, Calamari's, you know, which is a little -- if you just look to your Main Highway right here, you'll see that this can be integrated into the plan, if you will, and people can walk over there and they can have a bed and breakfast. Now I do want to go on the record very clearly and state that when the HEP (Historic and Environmental Preservation) Board looks at these meeting notes, that they see that there should not be a full liquor license. There should not be a cafe. There should be a bed and breakfast, one of the uses that they suggest should occur. And all they need to do -- and they know better than I do -- is to go to Maryland, to go to Boston, to go to any of these various cities that are preserved, these 1800 -- and some of them are 1776 -- there's three of them left -- that are serving as bed and breakfasts that still exist. Now with regard to how it's best to achieve this, obviously you do not want to have ingress/egress on Charles Avenue. Andl believe they have proffered some sort of a covenant and there should not be ingress and egress on Charles Avenue. The other thing think they should do, they shouldn't limit the enforcement of this voluntary covenant to HOTA (Homeowners and Tenants Association). That voluntary covenant City ofMiami Page 77 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 should be able to be enforced by anyone within the City ofMiami. It should not be limited to anyone -- well, I don't know why -- if somebody violates a covenant, it shouldn't be restricted to an organization. It should be available to anyone. So if they would make that modification on a voluntary basis, I'd be glad to accept it. Go ahead. Mr. Gibbs: Yeah. I can -- I just wanted to go through the Chair. Chair Gort: Wait a minute. Excuse me. You asked him a question? Commissioner Sarnoff. Yes, sir. Mr. Gibbs: Yeah. Commissioner Sarnoff. Are you volunteering the -- to --? Mr. Gibbs: Absolutely volunteering. Commissioner Sarnoff. Okay. I'm just trying to look up any other issues that saw. Andl guess I want to say something to Barbara Lange and Becky McAliley [sic]. My understanding of property law is that you can't just give the HEP Board some sort of overlay on what is essentially a T3 property. You have to give them latitude to create the bed and breakfast, which would be a T4-O, is it, or a T -- L? T4 Limited, a T4-L so that they can then impose their restrictions for the historic property. You know, this is not really a very difficult decision. The reason I say that is if you restrict the access in and out of Charles Avenue, if you just look at the line that is just to the east of the property, look how that will blend together as a particular place and a particular venue to go to. They actually have a straight -- great -- should say great clientele at Calamari's. It is one of the most successful restaurants in the City ofMiami and maybe the most successful restaurant in Coconut Grove. Andl think what you'll see is a very proud Stirrup House that people will enjoy that never would have even known of its existence and never would have had the opportunity because the bottom line is I don't know what percentage of people today go to museums, andl suggest it should be higher, but it's probably not high enough, but there are a lot of people that enjoy going out. And to enjoy the Stirrup House and know the history behind it is, to me, a perfectly good adaptive reuse of historic property. And unless our DNA (Deoxyribonucleic Acid) is absolutely different than the rest of the country, and sometimes I sometimes think it is because we certainly here are so protective of things that we have -- I don't want to say no right to protect -- no ability to protect. Because if I turn the page and say no to this, what happens to the Stirrup House in six months? Turn the page. What's next for the Stirrup House? Exactly. I'll tell you what's next for the Stirrup House. It's going to be in the Miami Herald April 2012 when the wall caves in, and everybody's going to say nobody did anything about it. And you have the opportunity to do something about it. You have a developer -- that's a bad word for him because they actually have already developed, but you have people that own Calamari's. You have people who -- you know, Ron Nelson, from my office -- this is Ron's day. We're going to call this today Ron's day. Ron actually opposed -- andl think Rick Kalwani (phonetic) will sort of take a great big gulp on what I'm about to say -- but they fought the development of Calamari's and they fought the development of these condos. You know why? It was going to change the integrity of the Grove and the Taurus was there. And Tucker Gibbs, I think he had his name inscribed on the wall of the old Taurus, but the Taurus had to be preserved. Fast forward six years, seven years. Ron fought with Rick Kalwani (phonetic). This tree has to be preserved and then your parking structure has to do this. I'm sure at points and at times they pretty much both despised each other, but I will tell you this. I think if you got them both here at the podium, they would have a lot of mutual respect for each other and they would say the project that inevitably got built actually looks like it's belonged in the Grove for the better part of 20 years. The former City Manager's son actually lives in one of those condos. I believe Gino Falsetto (phonetic lives in City ofMiami Page 78 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 one of those condos. It's become a part of our fiber, not because it's been here for 30 years. There was a woman here -- I think she said -- I forgot your name, ma'am, but you said you've been on Franklin for about three years. You could be a part of the fiber of Coconut Grove very, very quickly. And by our standards, six years of being out there in this particular community is nothing. Andl can even remember when I moved here and Tucker wouldn't even accept me until he said you lived here for ten years. Andl remember those days, Tucker. But you know, it's -- this is a good progression. This is a good idea. And unfortunately, this is silly season. And why is it silly season? Because it's election season. So now people have to come up and say they didn't get this, they didn't get that; this wasn't said, that wasn't said. I think if we're really truthful and honest with each other, we could come to a meeting of the minds to save the Stirrup House, and we could come to a meeting of the minds of what the proper use is. But if we did that, we wouldn't be opposed to each other. If we weren't opposed to each other, this wouldn't be silly season. So I wholeheartedly endorse and accept the voluntary covenants that have been put here today, as amended, andl certainly would like to reinforce my second, Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Dunn: I just want to also accept those voluntary covenants as well. And just -- Ms. Chiaro: Excuse me. I'm sorry -- Commissioner Dunn: They're not -- Ms. Chiaro: -- Commissioner Sarnoff, Commissioner Dunn. Those covenants are not part of -- Commissioner Sarnoff.. The zoning. Ms. Chiaro: -- they have nothing to do with the City. Commissioner Dunn: Okay. Ms. Chiaro: They are a representation made on the record and they do not in any way impact the City. Commissioner Sarnoff.. Well, then I hope those covenants would be read and carefully digested by the HEP Board so that they -- when they come up for their uses can establish those covenants. Commissioner Dunn: Mr. Chairman. Chair Gort: Yes. Commissioner Dunn: One other question I have for the Stirrup and Simpson family. I'm just trying to -- I'm going back -- and please allow me to date myself a little bit. I believe the Stirrup family owned -- I hear my father telling me this. Did you own -- your family own the property that the Burdine's was on in downtown Miami or J. Byron's or something like that? Unidentified Speaker: Not downtown. (UNINTET,T IGIBT ,F) on Main Highway. Commissioner Dunn: From the Main Highway, okay. Main High -- okay. I'm just trying to remember some things. Unidentified Speaker: (UNINTET,T IGIBT ,F). City ofMiami Page 79 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 PZ.3 Chair Gort: Okay. Commissioner Dunn: Right, so at least the legacy will be intact. Andl do know, Dr. Simpson, you pulled my shoulder back in place in 1977 when I separated my shoulder, without any anesthesia. Chair Gort: Let me add a little bit about this. My understanding, there's a homeowners association in the area. My understanding also anyone can become member of that homeowner association. Am I right? Can I have someone from the -- representative of the homeowner association? Can you come up please, sir? Let me ask you a question. What does it take for any new residents to become part of the homeowner association? Mr. Sands: They should live in Coconut Grove. We say specifically in the bylaws that they should be residents of Village West. But many of the people that spoke up or have spoken against this actually are members of the Village West. Chair Gort: I understand. Mr. Sands: So anyone can join. We're open to anyone join Village West. Chair Gort: There's a lot of new residents in there, andl would appreciate if you give them the information and they can become members of the homeowner association and that will make it even stronger by adding more people to it. Mr. Sands: We encourage -- each month we hold our meetings that we encourage new membership. Chair Gort: Please let them know. Mr. Sands: Okay. Chair Gort: Thank you. Will you read? Mr. Sands: So -- Chair Gort: Thank you, sir. Mr. Sands: -- come one, come all, okay. All right, thank you. Chair Gort: It's an ordinance. Ms. Chiaro: This ordinance relates to the land use. We have two separate items for the City Commission to vote upon. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. ORDINANCE Second Reading City ofMiami Page 80 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 11-00113zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY TO "T4-L" GENERAL URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" OVERLAY, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3242 CHARLES AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00113zc CC SR 05-26-11 Fact Sheet.pdf 11-00113zc Analysis. pdf 11-00113zc Miami21 Maps.pdf 11-00113zcAerial Map.pdf 11-00113zc PZAB Reso.pdf 11-00113zcApplication & Supporting Documents.pdf 11-00113zc Covenant.pdf 11-00113zc CC Legislation (Version 3).pdf 11-001131u & 11-00113zc Exhibit A.pdf LOCATION: Approximately 3242 Charles Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of 3242 Charles LLC and Stirrup Properties FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, which failed, constituting a denial to City Commission on April 20, 2011 by a vote of 3-4. See companion File ID 11-001131u. PURPOSE: The proposed zoning change will allow a broader range of uses for the historically -designated Stirrup House, which encourages the preservation of the historic structure. The applicant will proffer a covenant for these properties. 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 13268 Priscilla A. Thompson (City Clerk): Now we -- Chair Gort: PZ.3. Tucker Gibbs: Thank you. City ofMiami Page 81 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Maria J. Chiaro (Deputy City Attorney): Is there a motion to approve it? Commissioner Sarnoff. I'll move PZ.3, adopting my previous comments. Commissioner Dunn: Second. Chair Gort: It's been move and second. Any further discussion? Being none, read it. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. Chair Gort: Thank you all for being here. Mr. Gibbs: Thank you. PZ.4 ORDINANCE 11-00151zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, SECTION 7.2.3, ENTITLED "ALTERATIONS AND EXPANSION OF NONCONFORMING STRUCTURES", BY MODIFYING CRITERIA FOR ALTERATION OF CERTAIN NONCONFORMING STRUCTURES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00151zt CC SR 05-26-11 Fact Sheet.pdf 11-00151zt PZAB Reso.pdf 11-00151zt CC Legislation (Version 2).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on March 16, 2011 by a vote of 5-3. PURPOSE: This will modify the maximum expansion of nonconforming structures by removing horizontal and vertical maximum limitations and will allow expansion up to fifty percent (50%) of the existing square footage. Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 82 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez 13269 Chair Gort: PZ.4. Dakota Hendon (Project Manager): Good afternoon. Dakota Hendon, with the Office of Zoning. PZ.4 is on second reading. It's a modification to Miami 21 to amend the criteria for alterations and expansion of nonconforming structures. It will remove some criteria that is currently existing that limits the height or length of those additions. This will still require an exception to be approved, and it will still be limited to a maximum of 50 percent of the existing square footage. Chair Gort: Okay. Is there anyone to address PZ.4? Is anyone in the public to address PZ.4? Public hearing is closed. Board members. Commissioner Sarnoff. Move it. Commissioner Dunn: Second. Chair Gort: It's been moved by Commissioner Sarnoff, seconded by Commissioner Dunn. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. PZ.5 ORDINANCE 11-00195zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, SECTION 3.13, ENTITLED "SUSTAINABILITY", MODIFYING THE PROCESS FOR BOND REQUIREMENTS AND DOCUMENTATION NEEDED FOR GREEN CERTIFICATION AND PROVIDING A PRO -RATED FORMULA FOR NONCOMPLIANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00195zt CC SR 05-26-11 Fact Sheet.pdf 11-00195zt PZAB Reso.pdf 11-00195zt 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 DEPARTMENT: Recommended approval. City ofMiami Page 83 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommended approval with modifications* to City Commission on March 16, 2011 by a vote of 8-0. *See PZAB Resolution. PURPOSE: This will modify the process for bond requirements for green building certification and introduce a pro -rated formula for non-compliance with the green certification as required by the Zoning Code. 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 13271 Chair Gort: PZ.5. Francisco Garcia (Director, Planning): Item PZ.5 is an ordinance amending Miami 21, the zoning ordinance. This is before you on second reading. The intent of this ordinance is to modify the process for bond requirements pertaining to the green building certification, in this case the LEED (Leadership in Energy and Environmental Design) silver certification, required by the zoning ordinance for buildings 50,000 square feet in area or greater. Commissioner Sarnoff. Move it. Commissioner Dunn: Second. Maria J. Chiaro (Deputy City Attorney): The public hearing has not been opened. Commissioner Sarnoff. Public hearing is now open. Anyone from the public wishing to be heard on PZ.5, please step up. Hearing none, seeing none, the public hearing is now closed, going back to the Chair. Ms. Chiaro: The ordinance has -- Chair Gort: Thank you, sir. Ms. Chiaro: -- been moved and seconded. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. PZ.6 ORDINANCE 10-01242zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED City ofMiami Page 84 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 ENTITLED "ENVIRONMENTAL PRESERVATION" BY CLARIFYING PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01242zt CC SR 06-23-11 Fact Sheet.pdf 10-01242zt PZAB Reso.pdf 10-01242zt City of Miami Chapter 17.pdf 10-01242zt County Code Chapter 24.pdf 10-01242ztAmerican National Standards Institute (ANSI).pdf 10-01242zt Educational Materials.pdf 10-01242zt CC Legislation (Version 8).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on January 19, 2011 by a vote of 9-0. PURPOSE: This will clarify certain Sections and Definitions of Chapter 17, "Environmental Preservation". Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: PZ. 6. Francisco Garcia (Director, Planning): Item PZ.6 is an amendment -- is an ordinance amending Chapter 17 of the City Code, entitled Environmental Preservation. "And this ordinance attempts to clam and slightly revise the provisions for tree trimming and root pruning in trees in the City ofMiami. This is before you on first reading. The Planning Department recommends approval. The Planning, Zoning and Appeals Board also recommended approval to you. Our recommendation of approval, however, is subject to one small amendment that I'd like to read into the record ifI may for a brief moment. The amendment we seek pertains to Section 17.4(2). And whereas the ordinance that you have before you presently requires -- and I'm going to read one sentence shortly -- that pruning of more than 25 percent of the canopy crown or living foliage of a tree or other pruning not in accordance with ANSI (American National Standards Institute) standards shall be allowed upon presentation of a letter from a certified arborist to the City. We would like to amend that and instead of saying Presentation of a letter from a certified arborist,'ft would read Presentation of a letter to be validated by a certified arborist. "The reason for that, Commissioners, is we have arborists, certified arborists on staff at the City ofMiami in the Code Enforcement Department, and in speaking with the Code Enforcement director, he is willing to make them available to review such letters and to verifi, them or approve them if they have the merit to do so. Now the option remains available for individual applicants to also submit letters certified by an arborist that they should hire, but we thought it would be prudent City ofMiami Page 85 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 PZ.7 09-01198ha to allow for those who don't perhaps have the same means available to avail themselves of City services to review and approve said documents. And with that change, with that amendment, should that be satisfactory to you, we would like to recommend approval of this ordinance. I'll be happy to answer any questions you may have. Commissioner Sarnoff. Move PZ. 6. Chair Gort: Thank you. Commissioner Dunn: Second. Chair Gort: It has been moved and second. It's a public hearings [sic]. Is anyone in the public would like to address it? Public hearing's closed. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): I just wanted to make sure, based upon the statements made by Mr. Garcia, that this has been modified as a first reading ordinance? Ms. Chiaro: It has been modified Ms. Thompson: Thank you. Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Mr. Garcia: Thank you, Commissioners, and we will provide the amended version of the ordinance for second reading. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL FILED BY BACARDI IMPORTS, INC. ("APPELLANT"), AND AFFIRMING BUT MODIFYING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD (" HEPB"), WHICH GRANTED WITH CONDITIONS THE HISTORIC DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2100 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS A HISTORIC RESOURCE TO MODIFY THE CONDITIONS OF THIS DESIGNATIOIN IN THE MANNER PROVIDED HEREIN. 09-01198ha CC 05-26-11 Fact Sheet.pdf 09-01198ha Bacardi Building Map.pdf 09-01198ha Miami 21 Map.pdf 09-01198haAerial Map.pdf 09-01198ha Appeal Letter & Supporting Documentation.pdf 09-01198ha Bacardi Buildings Final Designation Report.pdf 09-01198ha CC Legislation (Version 2).pdf 09-01198ha CC Legislation (Version 3).pdf 09-01198 h a- Ex h i bit. pdf City ofMiami Page 86 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0227 Francisco Garcia (Director, Planning): Item PZ.7. Chair Gort: Yes. Mr. Garcia: Item PZ.7 is an appeal of a Historic and Environmental Preservation Board resolution, and it is before you as a resolution as well. This pertains to 2100 Biscayne Boulevard. And this particular property or building actually is better known as the Bacardi building, a distinctive architectural feature along Biscayne Boulevard. The reason for the appeal is the following. The Historic and Environmental Preservation Board reviewed and approved the designation of this property as a historic property and in so doing, they actually went above and beyond staffs recommendation and included the parcel next door into the historic designation for the property. The intent, as expressed by the HEP (Historic and Environmental Preservation) Board, was to actually preserve the view of the structure from Biscayne Boulevard. As it turns out, their action in fact was somewhat onerous and restricted the proper development of the parcel next door. We had since then -- when we found that the property owners -- who happens to also be Bacardi -- the Bacardi Company -- had reservations about that. We have met with them a number of times and have reached an agreement, a settlement, if you will, to their appeal which we believe preserves the intent of the Historic and Environmental Preservation Board, maintains the visibility clearance that the HEP Board sought to achieve, but also would allow for that property to be developed in the future in a reasonable manner. And with that, I will yield to the applicant -- the appellant, rather. Chair Gort: Thank you. Yes, ma'am. Vicky Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo, at 1450 Brickell Avenue. And I concur with Mr. Garcia. We do have a settlement on this matter. I first would like to put some things on the record. Number one, I'd like to thank your director of Planning, Mr. Garcia, and to commend you for the work that he has done on this particular matter. This is a matter and an appeal that he inherited, and he has worked long hours with us, made himself available, and we've really been able to come to a conclusion. There are two things that were of tremendous value. One was the adoption of the covenant in lieu of unity of title that you adopted in January. And the last 60 days, we have been working with a surveyor. The property next door to the designated property, which was not part of the designation, is owned by Bacardi. And Bacardi wanted to proffer a view corridor through that northern neighborly property in order to maintain a view corridor that would allow the north wall of the historic building to be viewed and enjoyed by the community. So Bacardi has, in fact, done so through a declaration of restrictions. That declaration of restriction is subject to the tolling of all appeal periods. And we hope to submit the executed document to the City within 45 days to allow the appeal period to run. The executed document will be delivered to your City Attorney for final review of the executed documents. And as soon as we have the approval to go ahead from the City Attorney's office, we will go ahead and record the covenant in the public records. We thank you and your staff for all the assistance we had. Chair Gort: Thank you. Commissioner Dunn: Mr. Chair. Chair Gort: Yes. City ofMiami Page 87 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Commissioner Dunn: Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Dunn, second by Vice Chairman Carollo. And any further discussion? Unidentified Speaker: Public hearing. Chair Gort: Yes, ma'am. DollyMaclntyre: My name is DollyMaclntyre, 409 Vizcaya Avenue, Coral Gables. I would just like to say this to me shows me that our intent for the Historic Preservation Board is working. This is a case where the needs of the community, i.e., the preservation and visibility of the Bacardi building and the need of the owner have come together and found a solution that's a win -win for everybody. The purpose of the Preservation Board is to create dialogue between homeowners and the community as represented by the board, andl think this shows that it's working. Andl want to thank also the Bacardis for being concerned with preserving their building and having it visible, which is a big part of it. Thank you. Chair Gort: Thank you. Yes, ma'am. I'm being generous today. Becky Matkov: I'm Becky Matkov, executive director of Dade Heritage Trust. And again, I just -- I was very relieved to hear that this had worked out very beautifully it sounds like. Because I have copies of our magazine on preservation today I want to be sure to give everyone with a huge feature story on the Bacardi building. And of course, we just honored the architect, Enrique Gutierrez, with a big conference and living legends luncheon and a reception at the Bacardi building, March 11. And people from across the country were raving about what an incredibly beautiful, iconic building the Bacardi building is, and it's a great treasure we have in this community. And we are so thankful that Bacardi wants to save it and in such a fine way. Thank you. Commissioner Sarnoff. Becky, I just want to say I apologize for mispronouncing your name last -- at the last -- Ms. Matkov: Oh, you're forgiven. Commissioner Sarnoff. Thanks. Ms. Matkov: Thank you. Commissioner Sarnoff. And Ms. Toledo, you've been noticeably absent. Where have you been? Ms. Garcia -Toledo: I've been very busy. Chair Gort: Very busy. Maria J Chiaro (Deputy City Attorney): Mr. Chair. Chair Gort: Thank you. Yes. Ms. Chiaro: IfI may. There was a motion -- move -- a motion without a specificity as to what you were doing. So I just want to state that for the record this motion is denying the appeal, City ofMiami Page 88 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 accepting the designation of the Historic Preservation Board, and imposing certain conditions on the designation as represented in the covenant. Ms. Garcia -Toledo: I don't know if you can deny the appeal -- Ms. Chiaro: It says it's being designated. Ms. Garcia -Toledo: Does that throw it back -- Ms. Chiaro: It's being designated, but -- Ms. Garcia -Toledo: Right -- Ms. Chiaro: -- it is not being -- Ms. Garcia -Toledo: -- without with conditions of the HEP Board. Ms. Chiaro: Without the conditions of the HEP Board -- Ms. Garcia -Toledo: Okay. Ms. Chiaro: -- but with the conditions as set forth in the covenant that were agreed to by the applicant. Ms. Garcia -Toledo: That were proffered by the applicant. Ms. Chiaro: That's correct. Chair Gort: Does the maker of the motion understands? Commissioner Sarnoff. Yes. Chair Gort: Does (UNINTELLIGIBLE) accept? Vice Chair Carollo: Yes. Chair Gort: Okay, they accept it. Any further discussion? Being none -- Ms. Garcia -Toledo: May I have a moment, please? I'm sorry. Could we repeat that so that the owner who's here can fully understand what we're doing? Ms. Chiaro: Procedurally, you are denying the appeal, accepting the designation of the property without the conditions set forth by the Historic and Environmental Preservation Board, but modify -- with the conditions as set forth and offered by the applicant. Chair Gort: In other words, we're accepting your covenant. Ms. Garcia -Toledo: You're accepting the covenant and the designation basically. Chair Gort: Right. Ms. Garcia-Toeldo: That's all. Chair Gort: Yes. City ofMiami Page 89 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 Ms. Garcia -Toledo: Okay, yes. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: I want you to know the Bacardi -- about -- in 1996 some of the representative came to my office because they wanted to move out of the area because they didn't think the area was going to be coming back. I asked them to please stay and promised that changes were going to take place in that area, and I'm glad you guys stayed. Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF 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 City ofMiami Page 90 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 NA.1 11-00488 DISCUSSION ITEM BRIEF DISCUSSION BY VICE CHAIR CAROLLO REGARDING THE EVALUATION OF THE AUDITOR GENERAL, VICTOR I. IGWE. DISCUSSED Chair Gort: Okay, pocket items. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Real briefly, I just want to mention I know that -- I don't know if it was the last Commission meeting or not, we mentioned as far as the audit [sic] general andl was asked as far as evaluating him and -- Chair Gort: Right. Vice Chair Carollo: -- so forth. I just wanted to give you a brief update. I've obtained several information and I'm doing a research so I could see if we do a proper evaluation. So I'll give you more of an update at the next Commission meeting. Chair Gort: Super. So in other words, you accept it? Thank you, sir. I appreciate it. Commissioner Sarnoff. Great. We knew you'd do it. Chair Gort: We know you (UNINTELLIGIBLE). Vice Chair Carollo: Like I said, I'll bring more of an update in the next Commission meeting. Chair Gort: Being you're an auditor, it'll be -- Vice Chair Carollo: Thank you. Chair Gort: -- right that you -- NA.2 DISCUSSION ITEM 11-00489 NA.3 ANNOUNCEMENT BY CHAIR GORT THAT FORMER CITY OF MIAMI MAYOR XAVIER SUAREZ WAS DECLARED THE WINNER OF THE DISTRICT 7 MIAMI-DADE COUNTY COMMISSION ELECTION. DISCUSSED Chair Gort: Now I'd like to announce the -- I just received news that we have a new County Commissioner, Xavier Suarez. The polls have been released. Applause. Chair Gort: He won by 53 percent. That's why Francis is a little nervous running around. DISCUSSION ITEM City ofMiami Page 91 Printed on 6/16/2011 City Commission Meeting Minutes May 26, 2011 11-00490 ADJOURNMENT BRIEF DISCUSSION BY CHAIR GORT THANKING THE BUILDING DEPARTMENT, CITYATTORNEY'S OFFICE, AND THE COMMUNITY DEVELOPMENT DEPARTMENT, FOR WORKING AS ATEAM TO ESTABLISH PROCEDURES THAT ADDRESS THE DEMOLITION OF UNSAFE STRUCTURES. DISCUSSED Chair Gort: Any additional pocket item? Anybody has a pocket item? I have one. It's just a discussion item. If you recall, last week I've talked to you all about the grouping of different departments, grouping the departments to make relationship -- that have relationship one with the other ones. And the main reason is, if you recall, we've asked staff here to come up with a procedure -- andl believe most ofyou have been able -- had an opportunity to meet with staff. I just met with staff the other day, and I'd like to congratulate the Building Department, the Law Department, Community Development for working together as a team. And here's the copy -- I don't know if they have been able to meet with you. Vice Chair Carollo: This? Unsafe Structure? Chair Gort: And the reason I'm bringing this up is because working as a team -- andl want to thank all ofyou -- this is the page that we had before to knock down a home or a unsafe structure. After getting together, they came up -- all of them as a team came up with this procedure where everything can be coordinated at the same time. And that's one of the reasons I'm going to continue to work with the Law Department and with the Manager to try to come up with a plan where it makes sense that some of us will do the follow up in some of those departments. The main reason is we all are aware we make decisions here and we request actions from some of the departments and sometimes that takes too long, sometimes it doesn't get done. It seems that any time one of us get involve with it, things get done a lot -- expedite a little bit. So I just wanted to bring this to you to show example not only to us, but first of all thank those people that worked together as a team. I want to thank you all. You did a great job and that's what it takes, teamwork. And this whole city has got to come together for that. So I want to thank you, and I'll be coming back with more additional information. Thank you, all. Do I have a motion to adjourn? Commissioner Sarnoff. So move. Vice Chair Carollo: So move. Commissioner Dunn: Second. The meeting adjourned at 4: 59 p.m. City ofMiami Page 92 Printed on 6/16/2011