City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com
Meeting Minutes
Thursday, July 22, 2010
9:00 AM PLANNING & ZONING
City Hall Commission Chambers
City Commission
Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice-Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes July 22, 2010
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM - APPROVING MINUTES
CA - CONSENT AGENDA
PH - PUBLIC HEARINGS
SR - SECOND READING ORDINANCES
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
PART B
PZ - PLANNING AND ZONING ITEM(S)
MAYOR AND COMMISSIONERS' ITEMS
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued.
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8:30 A.M. PRESENTATIONS AND PROCLAMATIONS
PR.1 PRESENTATION 10-00857 Honoree Presenter Protocol Item Miami River Vice Chair Carollo Certificates of Greenway Appreciation Volunteers Miami River Commission Hands on Miami Burger King Bacardi
Special Presentations Employees of the Year Sworn Fire: Val Sanchez Firefighter Sworn Police: Partners Brandon Lanier and Joaquin Perez, Police Officers City-Wide Civilian Winner: Nadia Arguelles-Goicoechea, Parks and Recreation City-Wide Civilian Runner-Up: Jorge Delgado, General Services Administration
10-00857 Protocol.pdf
PRESENTED
1. Vice Chairman Carollo presented Certificates of Appreciation to the Miami River Commission, Hands on Miami, Burger King, and Bacardi for donating their time and funding to beautify the Miami River Greenway.
2. Commissioner Suarez presented a Commendation to DJ Irie and paid special tribute to his philanthropy which has greatly enriched the South Florida community.
3. Michelle Pina, Director of Employee Relations, presented 2010 Employee of the Year awards to Val Sanchez, Brandon Lanier, Joaquin Perez, Nadia Arguelles-Goicoechea, and the city-wide runner up Jorge Delgado, for their dedication and exemplary service to the Ctiy of Miami and its residents.
Chair Sarnoff: We'll now make the presentations and proclamations. The Vice Chair will be recognized for the Miami Greenway volunteers.
Vice Chair Carollo: Thank you, Mr. Chairman.
Presentations made.
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Commissioner Gort, Chairman Sarnoff, Commissioner Suarez and Commissioner Dunn II On the 22nd day of July 2010, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular
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session. The meeting was called to order by Chair Sarnoff at 9:08 a.m., recessed at 2:17 p.m., reconvened at 2:57 p.m., recessed at 3:10 p.m., reconvened at 4:04 p.m., and recessed the meeting at 6:31 p.m. and was continued to Thursday, July 29, 2010 at 11:30 a.m.
Note for the Record: Commissioner Dunn entered the Commission Chambers at 9:13 a.m.
ALSO PRESENT:
Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk
Chair Sarnoff: Welcome to the July 22 meeting of the City of Miami Commission in these historic chambers. The members of the City of Miami Commission are Frank Carollo, the Vice Chair, Francis Suarez, Wifredo Gort, the Honorable Reverend Richard P. Dunn, and myself, Marc Sarnoff. Also on the dais are Carlos A. Migoya, back fresh from New York, the City Manager; Julie O. Bru, the City Attorney; and Pamela Latimore -- whoops, sorry. That should be our City Clerk -- I apologize -- Priscilla A. Thompson, the Assistant [sic] City Clerk -- excuse me, the City Clerk. Apparently, my -- I have the old version. The meeting will be opened with a prayer by Commissioner Suarez, the pledge of allegiance by Wifredo -- by Willy Gort.
Invocation and pledge of allegiance delivered.
______Present: Vice Chairman Carollo, Commissioner Gort, Chairman Sarnoff, Commissioner Suarez and Commissioner Dunn II On the 29th day of July 2010, the City Commission of the City of Miami, Florida, continued its meeting from July 22, 2010 at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sarnoff at 4:25 p.m. and adjourned at 6:19 p.m.
ALSO PRESENT:
Julie O. Bru, City Attorney Johnny Martinez, Assistant City Manager/Chief of Infrastructure Pamela L. Latimore, Assistant City Clerk
Chair Sarnoff: (UNINTELLIGIBLE), 2010 P&Z (Planning & Zoning) items that we had recessed and now we're reopening this meeting.
MAYORAL VETOES
NO MAYORAL VETOES
Chair Sarnoff: All right. At this time, does the Administration wish to announce any items they wish to withdraw, defer, or substitute?
Priscilla A. Thompson (City Clerk): I'm sorry, Chair. If I might, can we go through --
Chair Sarnoff: I have the old --
Ms. Thompson: -- your mayoral vetoes and then your approval of your minutes, please?
Chair Sarnoff: Right. Are there any mayoral vetoes?
Ms. Thompson: No, there are not. City of Miami Page 4 Printed on 8/27/2010 City Commission Meeting Minutes July 22, 2010
Ms. Thompson: No, there are not.
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
Chair Sarnoff: And are there --? I'm sorry. What was the last thing?
Priscilla A. Thompson (City Clerk): I'm sorry?
Chair Sarnoff: What was the other thing you needed me to do?
Ms. Thompson: Your -- the approval of your minutes for --
Chair Sarnoff: I'm sorry.
Ms. Thompson: -- the Planning & Zoning meeting of June 24.
Commissioner Suarez: So moved.
Chair Sarnoff: We have a motion by Commissioner Suarez --
Vice Chair Carollo: Second.
Chair Sarnoff: -- second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say “aye.”
The Commission (Collectively): Aye.
Ms. Thompson: Thank you.
END OF APPROVING MINUTES
ORDER OF THE DAY
Note for the Record: On Thursday, July 22, 2010, at 6:31 p.m., a motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to recess the meeting until Thursday, July 29, 2010 at 11:30 a.m.
Chair Sarnoff: We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting.
Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam City Clerk, Mr. Manager, and members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item that's on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Any person requesting action from the City Commission must disclose at the commencement or continuance of the hearing on the issue any consideration provided or committed for an agreement to support or withhold objection to the requested action. If you want more information about this, you can look at Section 2-8 of the City Code and that defines the term “consideration.” Formal action may be taken on any item
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discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items within ten calendar days of the Commission action and the Commission may override the veto by a four-fifth vote. Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise-making devices. Please silence them now. And any person who makes offensive remarks or becomes unruly will be banned from further attending Commission meetings. Any person who requires aid because of a disability, please notify the City Clerk. The lunch recess will begin at the conclusion of deliberations of the agenda being considered at noon. I know that the Chairman's probably going to have some specific announcements about several meetings that are specifically scheduled for today. And the P&Z (Planning & Zoning) items begin after 10 o'clock in the morning.
"[Later...]"
Chair Sarnoff: All right. Now do -- does the Administration wish to announce any items they wish to withdraw or defer?
Carlos A. Migoya (City Manager): Yes, sir. We would like to pull CA.4. We would like to defer CA.2 to September 16. Then we would like to defer SR.1 to September 16 and FR.1 to September 16. If I may continue with the PZ (Planning & Zoning) items, we'd like to indefinitely defer PZ.6 and 7, and continue PZ.13, and that's it.
Chair Sarnoff: All right. Is there a mo --? Do we need to do that by motion?
Mr. Migoya: I'm sorry? Yes.
Chair Sarnoff: Is there a motion?
Commissioner Gort: Move it.
Priscilla A. Thompson (City Clerk): Do you want to --?
Chair Sarnoff: We have a motion by Commissioner Gort, second by the Vice --
Vice Chair Carollo: Second --
Chair Sarnoff: -- Chair.
Vice Chair Carollo: -- for discussion.
Chair Sarnoff: Go ahead. Mr. Vice Chair is recognized.
Vice Chair Carollo: Thank you. I just want to verify which are the ones that are being deferred and so forth. Madam City Clerk, if --
Ms. Thompson: Yeah. According to my notes here, CA.4 is pulled, so that would mean that it's going to the regular agenda for discussion on the regular agenda.
Mr. Migoya: Right.
Ms. Thompson: Okay. CA.2 is deferred to September 16; SR.1, deferred to September 16; FR.1, deferred to September 16; PZs 6 and 7 are indefinitely deferred, and PZ.13 would be continued. That means it would go to the next like meeting, which would be 9/23/10.
Chair Sarnoff: All right. So we have a motion and a second. All in favor, please say “aye.”
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The Commission (Collectively): Aye.
"[Later...]"
Chair Sarnoff: Madam Clerk, are we ready?
Ms. Thompson: Yes. Go right ahead, sir.
Chair Sarnoff: Okay. Gentlemen, what I propose is we go through the Miami River and the Virginia Key Master Plan, take an evaluation as to where we are time wise and try to figure out where we are from there. Is that acceptable?
"[Later...]"
Ms. Thompson: Okay. Then we have -- under our PZs (Planning & Zonings), I have PZ.4, 5, 8, 9, 10, 11, 12, and we still have the Mayor's M.3.
Chair Sarnoff: Let's leave it at that. That's correct.
Ms. Thompson: Okay.
Chair Sarnoff: He doesn't, that's fine.
Ms. Thompson: Thank you.
Chair Sarnoff: So the motion would be, as stated, to recess to July 29 the above-stated items by the City Clerk till 11:30. Is there a motion?
Vice Chair Carollo: So moved.
Chair Sarnoff: Motion by the Vice Chair.
Commissioner Suarez: Second for discussion.
Chair Sarnoff: Man, we're going to call you the discussion man.
Commissioner Suarez: I just have a question. That's all.
Chair Sarnoff: Okay. If you got it, go ahead.
Commissioner Suarez: I just want put on the record, Madam Clerk, that I have appointed my member to the Finance Committee. Can you confirm that? Because I was asked whether or not I had appointed someone to the Finance Committee and I just wanted to clarify it 'cause I don't see that that's an appointment that I have available.
Ms. Thompson: Hold on one second. If you don't see one available on what we have here today --
Commissioner Suarez: Correct.
Ms. Thompson: -- that means it's all done.
Commissioner Suarez: Okay.
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Ms. Thompson: Okay.
Commissioner Suarez: Thank you.
Chair Sarnoff: You done discussing? Okay. All right, all in favor, please say "aye."
The Commission (Collectively): Aye.
Commissioner Dunn: Mr. Chair, I'm sorry. I didn't know -- realize -- is it necessary for the Clerk to also record the pocket item as being continued to the 29th? Is that necessary?
Ms. Thompson: We did already. It was --
Commissioner Dunn: So we don't --
Ms. Thompson: -- it said tabled to the 29th.
Commissioner Dunn: -- have to do that. Okay.
Chair Sarnoff: It was tabling -- the Manager is working on your issue right now --
Commissioner Dunn: Okay.
Chair Sarnoff: -- and he will complete that mission.
Commissioner Dunn: Okay. Thank you.
Chair Sarnoff: All right. Do you want to open up the special meeting or do you guys want a five- or ten-minute break?
Ms. Thompson: I can help you with that, Chair. I need a break because --
Chair Sarnoff: You need a break.
Ms. Thompson: -- we have to switch over our system.
Chair Sarnoff: All right, let's not kid ourselves. This Commission has never taken a five-minute break in its life. Let's give ourselves 15 minutes. All right, meeting's recessed for 15 minutes.
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CONSENT AGENDA
CA.1 RESOLUTION 10-00773 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police FUNDING OF NINE (9) MONTHS OF LEASE PAYMENTS, ON A MONTH-TO-MONTH BASIS, PER PROVISIONS CONTAINED UNDER PARAGRAPH 10 OF THE EXPIRED LEASE AGREEMENT WITH GROVITES UNITED TO SURVIVE, FOR THE USE OF APPROXIMATELY 3,197 SQUARE FEET OF SPACE ($6.74 PER SQUARE FOOT), OF THE PROPERTY LOCATED AT 3686 GRAND AVENUE, MIAMI, FLORIDA, BEING USED AS A RECREATIONAL FACILITY FOR THE MIAMI POLICE ATHLETIC LEAGUE, A CRIME PREVENTION PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $16,163.37; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001 AND ACCOUNT CODE 12500.191602.544000.0000.00000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 10-00773 Legislation.pdf 10-00773 Summary Form.pdf 10-00773 Affidavit.pdf 10-00773 Memo.pdf 10-00773 Letter.pdf 10-00773 Lease.pdf 10-00773 Text File Report.pdf
Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0319
Chair Sarnoff: CA.1. Is there a motion on CA.1?
Commissioner Dunn: So move.
Chair Sarnoff: Motion by Commissioner Gort -- Dunn.
Vice Chair Carollo: Second.
Commissioner Gort: Second.
Chair Sarnoff: Second by the Vice Chair. Any discussion, gentlemen?
Commissioner Suarez: Yes.
Chair Sarnoff: You're recognized for the record.
Commissioner Suarez: Thank you, Mr. Chairman. Is there anyone from the Administration that can answer a question on CA.1 or --?
Madeline Valdes (Director): Madeline Valdes, Department of Public Facilities.
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Commissioner Suarez: Is this back rent --
Ms. Valdes: Yes, it is.
Commissioner Suarez: -- that's being paid?
Ms. Valdes: It is back rent.
Commissioner Suarez: And why -- when was this property unoccupied --
Ms. Valdes: In June --
Commissioner Suarez: -- by the City?
Ms. Valdes: -- 2010.
Commissioner Suarez: So it was last month that it was unoccupied?
Ms. Valdes: That's correct.
Commissioner Suarez: Okay. So we've been using it up to last month?
Ms. Valdes: Yes, up to last month.
Commissioner Suarez: Why haven't we been paying rent on it for the last what appears to be nine months?
Ms. Valdes: The contract expired and the monies were never appropriated towards the remaining term. I think last year, when they were doing their budget, for some reason it didn't include this lease.
Commissioner Suarez: And I just want to clarify for the record that this -- the money that we're using to pay for this is not general fund money. Is that correct?
Ms. Valdes: LETF (Law Enforcement Trust Fund).
Commissioner Suarez: Law Enforcement Trust Fund money, right? I just want to make sure and I want to put that on the record so that there's no confusion that we're taking money from the general fund that wasn't budgeted previously or anything like that. I don't want anyone complaining later.
Ms. Valdes: Sorry.
Commissioner Suarez: It's okay. I don't have any other questions.
Chair Sarnoff: I do, Madeline. Prior to payment -- I want you to verify -- I think they paid, but I think at one time they owed the City money. I believe it was paid.
Ms. Valdes: It was paid.
Chair Sarnoff: Okay. Want to make sure. Okay. All right, CA.1, any further discussion? We have a motion and a second on that, right, Madam Clerk? All right, all in favor, please say "aye."
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The Commission (Collectively): Aye.
Chair Sarnoff: All right.
Ms. Valdes: Thank you.
CA.2 RESOLUTION 10-00774 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED PURSUANT TO REQUEST FOR QUALIFICATION NO. 132102, TO PROVIDE GENERAL APPRAISAL SERVICES FOR THE DEPARTMENT OF PUBLIC FACILITIES AND OTHER CITY OF MIAMI ("CITY") DEPARTMENTS, AND APPROVING THE ESTABLISHMENT OF A PRE-QUALIFIED LIST COMPRISED OF THIRTEEN (13) QUALIFIED PROPOSERS, AS LISTED ON "EXHIBIT A," ATTACHED AND INCORPORATED, ON AN AS-NEEDED CONTRACTUAL BASIS, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT(S) WITH THE QUALIFIED PROPOSERS, AS DEEMED NECESSARY, AND TO ADD QUALIFIED APPRAISAL FIRMS TO THE CONTRACT WHEN DEEMED IN THE CITY'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION.
10-00774 Legislation.pdf 10-00774 Exhibit.pdf 10-00774 Summary Form.pdf 10-00774 RFQ.pdf
Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0330
Note for the Record: Item CA.2 was deferred to the City Commission meeting currently scheduled for September 16, 2010. ______
Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
______
Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
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Commissioner Dunn: Thank you, Mr. Chair. I wanted to ask this Commission and -- if we could place CA.2 back on the agenda? It was taken off, I believe, CA.2.
Commissioner Gort: CA.2 and CA.3, we can take it back any time later.
Commissioner Dunn: Okay.
Chair Sarnoff: Oh, you want to make a motion to put it back on the agenda?
Vice Chair Carollo: Motion to reconsider.
Chair Sarnoff: We have a motion by Commissioner Dunn --
Vice Chair Carollo: Second.
Chair Sarnoff: -- second by the Vice Chair. All in favor, please say “aye.”
The Commission (Collectively): Aye.
"[Later...]"
Chair Sarnoff: All right. We've got to get through, I'm told, CA.2 through CA.4. We have to take CA (Consent Agenda) --
Priscilla A. Thompson (City Clerk): I'm sorry.
Commissioner Gort: CA.2, CA.4.
Ms. Thompson: I am sorry, but I have these and I want to make sure we don't miss them. I have a second City Attorney's pocket.
Julie O. Bru (City Attorney): (UNINTELLIGIBLE).
Ms. Thompson: Thank you. Thank you.
Chair Sarnoff: All right, we got to get --
Commissioner Gort: CA.2 and CA.3.
Chair Sarnoff: Thank you. CA.2 and CA.3 we can take as consent agendas [sic]. Is there a motion on CA.2 and CA.3?
Commissioner Dunn: So moved.
Commissioner Gort: Second, but --
Ms. Thompson: CA what?
Chair Sarnoff: CA -- why isn't 1 in there? Did we remove 1?
Ms. Thompson: No. We didn't do anything on the Consent Agenda.
Chair Sarnoff: We do all three, CA.1, CA.2, CA.3. Is there a motion for CA.1, CA.2, CA.3?
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Commissioner Gort: Move it for discussion.
Commissioner Dunn: Second.
Chair Sarnoff: All right, we have a motion for discussion by Commissioner Gort, second by Commissioner Dunn. Commissioner Gort's recognized for the record.
Commissioner Gort: There's some language in the contract in CA.2 and CA.3 that I'd like for the staff to clarify.
Glenn Marcos: Good afternoon, Commissioner. Glenn Marcos, Purchasing director. CA.2 is a contract on the prequalification of various vendors for general appraisal services. I believe the question has -- was on whether or not the living wage applies to this contract. The answer is no. When we ended up issuing the bid or the request for qualification, the problem regarding the living wage was still at issue and it does not apply to appraisal services.
Commissioner Gort: Okay. That's it.
Chair Sarnoff: All right. So we have a motion on C1 [sic] --
Ms. Thompson: Chair, I really am sorry, but we're moving so fast; we're mixing things here. You originally called for the consent agenda, 1, 2, and 3.
Chair Sarnoff: Right.
Ms. Thompson: Okay.
Chair Sarnoff: I realize that CA.4 is going to need to be discussed, so --
Ms. Thompson: Okay. We had pulled CA.2; put it back on, but not as a consent. Now we're discussing CA.2, not 1 and 3, just CA.2. Is that correct?
Chair Sarnoff: Let's do it your way. Is there a motion on CA.2?
Commissioner Gort: Move it.
Commissioner Dunn: Second.
Chair Sarnoff: Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
CA.3 RESOLUTION 10-00848 Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Tomas Regalado ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE CODESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO HOUSE BILL 5, DESIGNATING BISCAYNE BOULEVARD WAY FROM SOUTHEAST 2ND AVENUE TO U.S. 1 (BISCAYNE BOULEVARD), MIAMI, FLORIDA, AS "JULIA TUTTLE WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN
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INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 10-00848 Legislation.pdf 10-00848 Exhibit.pdf
Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0320
Chair Sarnoff: CA --
Commissioner Gort: 3.
Chair Sarnoff: -- 3, is there a motion?
Commissioner Gort: Move it.
Chair Sarnoff: All right.
Commissioner Dunn: Second.
Chair Sarnoff: Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
CA.4 RESOLUTION 10-00854 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED JUNE 2, 2010, PURSUANT TO INVITATION FOR BIDS NO. 204189, FROM PRIMARY AND SECONDARY VENDORS, AS LISTED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROCUREMENT OF DEMOLITION SERVICES CITYWIDE, FOR TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF BUILDING; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00854 Legislation.pdf 10-00854 Exhibit.pdf 10-00854 Summary Form.pdf 10-00854 Addendum No.2.pdf 10-00854 Addendum No.1.pdf 10-00854 IFB.pdf
Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0321 City of Miami Page 14 Printed on 8/27/2010 City Commission Meeting Minutes July 22, 2010
Chair Sarnoff: All right, CA.4. Is there a motion?
Commissioner Suarez: So move.
Chair Sarnoff: Motion by Commissioner Suarez.
Commissioner Dunn: Second.
Chair Sarnoff: Second by Commissioner Dunn. Anybody have any discussion or questions of the Administration? Hearing none, all --
Glenn Marcos (Director, Purchasing): Chair -- Mr. Chairperson, I'm sorry. I have to go on the record, only because of the fact that there was a question on whether or not what's happening with group two. Group two was categorized in particular for Community Development. Community Development is using federal funding for the demolition services. And some of the respective Commissioners' offices believed that under group two, it was going to address that federal funding. However, it's -- we were notified that the Davis Bacon Act would not be applied for demolition services, so we have removed group two, and the federal funding can be used under group number one. If and when, because it does happen, the feds changes their mind, we do have a provision within the contract that if the Davis Bacon Act must be added again, we will be able to go back and add the Davis Bacon Act.
Chair Sarnoff: All right. Just for the folks at home, what is the Davis Bacon Act?
Mr. Marcos: Pretty much, it's almost like a living wage. It -- but it's -- it has to do with the hourly rate for construction when you use federal funding in the construction project.
Chair Sarnoff: Gotcha. I just wanted to put that on the record. All right, CA.4, we have a motion, we have a second. Any further discussion? Hear none, all in favor, please say "aye."
The Commission (Collectively): Aye.
END OF CONSENT AGENDA
PUBLIC HEARINGS
PH.1 RESOLUTION 10-00847 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, Improvements AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING THE CITY Program MANAGER'S RECOMMENDATION, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, FOR THE PROCUREMENT OF SERVICES, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING BUREAU VERITAS NORTH AMERICA, INC. ("BUREAU VERITAS"), TO PERFORM WORK IN THE TOTAL AMOUNT NOT TO EXCEED $151,455, CONSISTING OF TASKS 1 AND 2 OF A HEALTH AND HUMAN RISK ASSESSMENT ("HHRA"), AND TASKS 1, 2, AND 3 OF SOIL MANAGEMENT PLAN PREPARATION AND IMPLEMENTATION SERVICES ("SMPP"), FOR THE STADIUM SITE PARKING PROJECT ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE BALANCE OF THE WORK NECESSARY FOR
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THE COMPLETION OF THE PROJECT, CONSISTING OF HHRA TASK 2 AND SMPP TASKS 2 AND 3, IN THE AMOUNT NOT TO EXCEED $126,692; ALLOCATING FUNDS, FOR SAID PORTION, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30648. 10-00847 Legislation.pdf 10-00847 Exhibit.pdf 10-00847 Summary Form.pdf 10-00847 Waiver Memo.pdf 10-00847 Notice Memo.pdf 10-00847 Notice of Public Hearing.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, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
R-10-0335
Chair Sarnoff: All right. Let's start out with PH.1. We have four Commissioners on the dais. No, we don't. All right, FR.1 -- FR.2, excuse me. Wait. Now we have four Commissioners on the dais. PH.1.
Alice Bravo (Director): Good afternoon. Alice Bravo, Capital Improvements Department. PH.1 is requesting permission for a four-fifth waiver noncompetitive bidding procedure authorizing the use of services of Bureau Veritas of North America for the health human risk assessment tasks and soil management plan preparation tasks that are needed to continue construction at the Marlin [sic] parking garage.
Chair Sarnoff: All right. Let me open it up to a public hearing. Anyone from the public wishing to be heard on PH.1, which is waiving the bidding of Bureau Veritas? Anyone wishing to be heard on PH 1? Hearing none, seeing none, coming back to this Commission. Is there a motion?
Commissioner Dunn: So move.
Chair Sarnoff: Motion by --
Commissioner Suarez: Second.
Chair Sarnoff: -- Commissioner Dunn, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say “aye.”
The Commission (Collectively): Aye.
9:00 AM
A sign language interpreter translated discussion of items PH.1 - PH.2.
PH.2 RESOLUTION 10-00775 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANNUAL Development ACTION PLAN FOR FISCAL YEAR 2010-2011, ATTACHED AND
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INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S ANNUAL ACTION PLAN FOR FISCAL YEAR 2010-2011 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 10-00775 Legislation.pdf 10-00775 Exhibit.pdf 10-00775 Summary Form.pdf 10-00775 Ad.pdf 10-00775-Submittal-Grady Muhammad.pdf
Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0309
Chair Sarnoff: All right. PH.2 requires a public hearing. Am I right, Madam Clerk?
Priscilla A. Thompson (City Clerk): That is correct. PH.2 and PH.3.
Chair Sarnoff: All right. Let's take up PH.2. And I apologize, Mr. Mayor, for going out of order.
George Mensah: Mr. Chair, George Mensah, director of Community Development. PH.2 is an item approving the City of Miami's annual action plan for fiscal year 2010/2011, and authorizing the City Manager to submit the annual action plan to United States Department of Housing and Urban Development for review and approval.
Chair Sarnoff: I'm sorry, Mr. Mensah. I'm trying to get to PH.2.
Ms. Thompson: Page 9.
Chair Sarnoff: I got you. Page 9, gentlemen. Is there a motion?
Commissioner Gort: Move it.
Commissioner Dunn: Second.
Chair Sarnoff: A motion by Commissioner Gort, second by Commissioner Dunn. It's a public hearing. Anybody from the public wishing to be heard on PH.2, please step up. You're recognized for the record.
Grady Muhammad: Good morning, Mr. Chair. Grady Muhammad. I would like to be able to give this to the Clerk. In a nutshell, Mr. Chairman, what I'm giving you all is what I've stated and put on the record. This is from the February 9, 2009 public hearing. On page 2, Public Service Objectives; the bottom, 6PS, Employment and Training, (4 years) -- (5 years), 500 people; Actual Results, none. A hundred million dollars has been created -- jobs -- a hundred million dollars has been given. As I wrote in the e-mail (electronic) to you all yester -- Wednesday -- or Tuesday, here is pictures of people at Curley's House that literally were there for job training, job training for orientation to do jobs at the Marlins. On the last page, activities and training from the City of Miami, the last page of that package. Job Skills Training program: “Assist economically disadvantage individuals and others who face barriers to employment enhance their quality of life through the attainment of marketable labor skills or by improving their earning capacity”; “To prepare youth and unskilled adults for entry into the labor force.” They have a hundred thousand dollar application. With the 19 or 38 carts at the
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Marlins stadium, two jobs or divide two part-times equal one full-time job. That's 19. They do a hundred events. That's 1,900 jobs in a year -- throughout the year. No jobs has been created according to the City of Miami in the last five years, but a hundred thousand dollars will create five jobs. But more importantly, with -- being again, Mr. Chairman, the 36th year of Community Development Block Grant, 30 years ago, South Beach was old, decrepit hotels. There was -- Kendall was K-E-N-D-A-L [sic]. There was no Doral. There was no Miami Lakes. There was no Homestead. All of that was farmland. Those are now wonderful developed communities. Overtown, Liberty City, Little Haiti, they still look like the riots happened last year, yet we still constantly bringing millions of dollars. We have on that second page or the third page, Mr. Chair, the $1.1 million that we're now paying back that used to come from the general fund. It's now coming from Community Development Block Grants to pay the repayment of, as it says, in municipal programs. Scheduled Section 108 Loan payments for Wynwood Foreign Trade Zone and Southeast Overtown/Park West. We already have the Parrot Jungle debacle that the City is responsible for $20 million on the whole -- and we'll lose all of our CDBG (Community Development Block Grant) dollars if Parrot Jungle fails to keep their duty and pay the City back. Dade County will be out of $5 million. Poor people cannot continue to be responsible. Last year we had to repay HUD (Department of Housing and Urban Development) $4.7 million for properties downtown and business owners that did not qualify for that. We're now repaying all of that money. The poor people who are not causing the suffering -- no one's lost jobs. We got to stop and hold people accountable. If we're losing money and we got to repay HUD, somebody has to be held accountable. I can assure you -- you know, and Commissioner Dunn had a little - - maybe a little (UNINTELLIGIBLE) that LeBron was coming, maybe a little bit, but what we have to do seriously, it's a one -- it's a stimulus, but I think he has a plan to be able to create jobs in our community. I think he has a plan he'll reveal in a few weeks to be able to develop District 5. We're following the Teele plan, as I said previously, with Commissioner Gort now getting the $3 million for homes. It was District 5 first, then it became District 2. The former Chairman Sanchez just created a Little Havana Housing and Advisory Board that built over a hundred million dollars that literally created housing along Coral Way, 7th Avenue, 17th, 22nd.
Chair Sarnoff: All right, Mr. Muhammad, you're going to have to finish up.
Mr. Muhammad: And in closing, Mr. Chair, in the e-mail, nobody in District 5, the elderly -- JESCA's (James E. Scott Community Agency) out of business. Nobody's getting fed. No organization but Curley's House is feeding the elderly in District 5. He said somebody's doing it. Who's doing it? If we don't get this money --with the census tract demographic density of poverty and poverty statistics usually bring the money down, at the end the community still suffering. We shouldn't suffer when other people makes [sic] these mistakes. Nine hundred thousand in this budget is earmarked for façade and hard construction costs. I think, again, what that's going to do, that'll be for some property owners 'cause it's in your district, Mr. Chair, as well as District 5. It potentially can cause us to be losing more money 'cause if we give these monies to those property and business owners that does not qualify, HUD is going to request the money back and we will be suffering more. Thank you, Mr. Chairman.
Chair Sarnoff: Mr. Director, he made a comment -- and I'm looking at what appears to be something from your office, and it says Employment and Training, 500 people; Actual Results, Fiscal Year 2004 thru 2007, 4 years: 0 people; On Track? No.
Mr. Mensah: I have not seen that document. I don't know which document you're holding on.
Mr. Muhammad: I'll give it to him, Mr. Chair.
Chair Sarnoff: Mr. Muhammad, are you saying that this is a document that he produced?
Mr. Muhammad: Yes, sir, Mr. Chair.
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Chair Sarnoff: Okay. The acknowledgement was that this was produced by Economic Development. I'm sorry, by CDBG. Just -- can you answer that question, because that's a pretty death-defying number?
Mr. Mensah: I'm trying to look for it. The Department gives a lot of -- yes, and the reason is because the employment and training, the idea was that we were going to produce, as it states here, 500 between those two years. Now, what Community Development does, what we've always done is that on public service dollars, the priority, it belongs to the districts. The district decides on what is the priority for the district. We have elderly feeding. We have --
Chair Sarnoff: No, no, no. He's talking about employment and training.
Mr. Mensah: Yes. That's a public service activity. Employment training is a public service activity, and that is the reason -- that's what I have indicated. He sent an e-mail which was copied to HUD, and I responded to -- with that e-mail with a copy to HUD also indicating that employment -- If you look, it's under the Public Service Objectives. You have transportation services, you have elderly meals, you have youth services, you have child care services. So what I've always asked Commissioners is that which is your priority. Do you want elderly feeding or do you want employment training, and that is the reason why this is the way -- the numbers are the way they are.
Chair Sarnoff: Are these attendant to our -- you break it down from economic development to public service.
Mr. Mensah: Economic development is separate. This is --
Chair Sarnoff: Right.
Mr. Mensah: -- under the public service.
Chair Sarnoff: This is just the public service?
Mr. Mensah: Yes.
Chair Sarnoff: And there's a segment there for employment and training?
Mr. Mensah: Yes.
Chair Sarnoff: I mean, I was unaware that we -- that was a goal of public service was employment and training.
Mr. Mensah: That has been a goal, but we've not been able to meet it because of the fact that elderly feeding becomes much more important than employment training. And so if you can see, we have --
Chair Sarnoff: So let me guide you for a second 'cause I think I'm learning. What you're saying is these are HUD questions that you must answer, but some of the Commissioners, maybe even myself included, are more goal specific on feeding the elderly than creating employment and training with public sector service dollars.
Mr. Mensah: Exactly.
Chair Sarnoff: Is that right?
Mr. Mensah: Yes.
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Chair Sarnoff: Okay. So if we were looking at economic development analysis, we could fault ourselves significantly more or sig -- maybe even fault ourselves at all if your numbers were zero there.
Mr. Mensah: Yes.
Chair Sarnoff: 'Cause obviously the goal of economic development is to create jobs.
Mr. Mensah: Yes. There is -- I just wanted to tell that there are two parts of it. Economic training is under public services, but we also have economic development objectives, which says here on 1ED, job creation. We recommend -- we say we're going to do 125 jobs. If you look, we did 295 -- 94 jobs. That was not said. They didn't tell you that. If you look at microenterprise assistance, we were going to do 125 businesses. We did 127 businesses. So that is the difference. The training -- because of the fact the training is part of public service, the districts think that elderly feeding is much more important --
Chair Sarnoff: Okay.
Mr. Mensah: -- than that training.
Chair Sarnoff: I got you. I just wanted to educate myself in knowing why the number zero was there. It makes complete sense what you're saying.
Commissioner Dunn: Mr. Chair.
Chair Sarnoff: You're recognized, Commissioner.
Commissioner Dunn: Mr. Mensah, so in the actual economic development objectives with the job creation and microenterprise assistance --
Mr. Mensah: Yes.
Commissioner Dunn: -- was most of this done through NANA (Neighbors and Neighbors Association) for the most part?
Mr. Mensah: NANA does some of them, the technical assistance on that, and then FANM (Fanm Ayisyen Nan Miyami, Inc.).
Commissioner Dunn: FANM, okay.
Mr. Mensah: Yes.
Commissioner Dunn: Okay.
Chair Sarnoff: Commissioner Gort.
Commissioner Gort: That's why we need to continue to work on the workforce and get those fundings [sic].
Chair Sarnoff: All right. Anyone else in the public wishing to be heard on PH 2, please step up. Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. We have a motion, we have a second. Any further discussion, gentlemen?
Commissioner Suarez: Just one thing, Mr. Chair.
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Chair Sarnoff: Commissioner Suarez, you're recognized.
Commissioner Suarez: I just want to thank George and -- well, I shouldn't say -- I want to thank Mr. Mensah and I want to thank Mr. Duran for coming and meeting with me after the last meeting on this item. We're doing better. We're at 110 from 0, so that's good. And we're hoping to get some more balance by getting at least one project in our district. So hopefully we'll have a little bit more of a balance. So I thank the Administration for working with me to try to create that balance. Thank you so much.
Mr. Mensah: You're welcome.
Chair Sarnoff: All right, gentlemen. Any further discussion? Hearing no further discussion, all in favor, please say “aye.”
The Commission (Collectively): Aye.
PH.3 RESOLUTION 10-00762 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") Development NEIGHBORHOOD STABILIZATION PROGRAM SUBSTANTIAL AMENDMENT #2008.3 AND THE REVISED IMPLEMENTATION POLICIES, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S AMENDED ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-2009 TO THE UNITED STATES HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 10-00762 Legislation.pdf 10-00762 Exhibit.pdf 10-00762 Exhibit 2.pdf 10-00762 Summary Form.pdf 10-00762 Public Notice.pdf
Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0310
Chair Sarnoff: PH.3.
George Mensah (Director, Community Development): Yeah. PH.3 is approving the City of Miami's NSP (Neighborhood Stabilization Program) plan, substantial amendment and implementation policies, attached and incorporated; authorizing the City Manager to submit the City's amended annual action plan for fiscal year 2008-2009 to HUD (Department of Housing and Urban Development) for review and approval.
Chair Sarnoff: All right. Let me open a public hearing. Anybody from the public wishing to be heard on PH.3, the Neighborhood Stabilization Program substantial amendment, please step up. Mr. Cruz, you're recognized for the record.
Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26 Street, federal taxpayer, federal because this is federal money especially. And the -- my only problem with this NSA [sic], Neighborhood Stabilization Program, is that this -- the City got $12 million, I remember, at the
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beginning of the bond with the stimulus payment. And when they advertised the hearing for the people to go, and I say here, it came in page 35A of the Sunday, Miami Herald. Who reads up to the 35 --? Only Mariano Cruz because I read every page to see all those hidden advertising there. And I knew where it was. It was at black box theater in Carrie Meek Center at Hadley Park there. And only certain people went there, the people that they wanted to go there. But the people of our community didn't know. So after the Commission approved the $12 million, they have a hearing for the Hispanic people at the Artime Center. And -- but still a problem there. You now what the problem is? Now they have to send back the money probably in September. Right, September they have to send back the money? Because (UNINTELLIGIBLE) spent all the money because people -- many people don't know about these programs or they don't know how to apply 'cause the federal guidelines are very strict. Even in my block, only one house was fixed and the guy fixed it on his own. He bought a house in foreclosure. It was $170,000 market value. He paid like $51,000 to the bank, and he fixed it. I talked to the person, Carlos (UNINTELLIGIBLE). He fixed it himself with money that he got or whatever. It was not -- but where is the outreach of the City department? Where are the salaries that they collect? Twenty percent of the administration they collect from all those rents. Twenty percent, not 19.99, up to 20 percent, and they get 20 percent. I like to see more outreach now instead -- let's see we don't send back any money to Washington. Thank you.
Chair Sarnoff: Thank you, Mr. Cruz.
Mr. Cruz: Our money.
Chair Sarnoff: Anybody else wishing to be heard on PH.3, please step up.
Grady Muhammad: Mr. Chairman, just briefly. My item has been -- my issue has been addressed or rather it's being addressed. It has not been addressed. It's being addressed. We have not met, but I definitely want to make it -- because I sent Mr. Mensah a picture of the unit that they're supposed to give me, a safe, sanitary, decent unit. It's got a lot of mold and mildew and everything else. I took pictures. And then the problem is when I came back a few days --
Chair Sarnoff: Okay. We're not going to have a private discussion.
Mr. Muhammad: No. I'm -- it's a public hearing.
Chair Sarnoff: Are you going to discuss PH.3?
Mr. Muhammad: That's NSP -- the NSP -- yes, sir.
Chair Sarnoff: Okay.
Mr. Muhammad: The PH.3 is NSP dollars. The (UNINTELLIGIBLE) 721 -- 741 was used to purchase NSP dollars. I'm a tenant in the apartment, so it's relevant to this issue, Mr. Chairman. I'm in -- the only unit -- or the only tenant in 721. I'm going to be relocated to 741 so they can fix 721 up. The problem is the 741 that they supposed to give me or the unit that they're proposing, it's a lot of mold and mildew and everything else. And when I went back to the unit, Mr. Chairman --
Chair Sarnoff: You know, this is something that this Commission does all too often, and I'm going to put an end to it. If you have a particular issue that is subject to you, what I'm going to do is give you the opportunity to address it with Mr. Mensah, but this is an issue that talks about how it should be spent, not how -- not --
Mr. Muhammad: Then let me address that point, Mr. Chair.
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Chair Sarnoff: I'm not -- no, we're not going to do that 'cause this agenda could go to midnight, could go beyond midnight. And every time I take up time with a personal issue, it'd be better spent you dealing with Mr. Mensah and then you can come back to us and say it's been resolved.
Mr. Muhammad: That was referenced. That's all I was doing was referencing the issue, Mr. Chairman. And the expenditures of the money as the Chair -- Commissioner Suarez speaks about, we have to be able to spend these dollars expeditiously, but we have to be able to time them. We keep doing substantial amendments and we're doing substantial amendments. That means when we did the original potential allocation, it did not work, and then we're changing it. We have to change it, but we have to identify those areas that's needed first so we can be able to spend these dollars expeditiously and we don't lose one penny. Thank you, Mr. Chairman.
Chair Sarnoff: Thank you, Mr. Muhammad. Anyone else wishing to be heard on PH.3, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. I don't think we --
Commissioner Dunn: Mr. Chair.
Chair Sarnoff: You're recognized for the record, Commissioner Dunn.
Commissioner Dunn: I'd like to move on this item.
Chair Sarnoff: Motion by Commissioner Dunn --
Commissioner Suarez: Second.
Chair Sarnoff: -- second by Commissioner Suarez. Any further discussion? I have something I want to say. We met and I saw a number of e-mails go out regarding the demolition of unsafe properties and neglected properties. I suggested in that conversation -- I thought I did it reasonably eloquently, but I apologize for anybody who misconstrued what I was saying. I believe the best spending of NSP dollars is not necessarily to the guy who is looking to buy a home, but to stabilize a neighborhood is for the people who have abandoned their homes, decided that they no longer wish to pay their mortgage or their taxes, along with the banks who start the foreclosure process and then purposely allow it to linger for two years, which is very easy in the courts of Dade County right now, and that what we should do is demolish unsafe structures, board up those houses that can be board [sic] up, cut the lawns that can be cut. Under our ordinances that allow us to prime mortgage -- to prime the mortgage holders, we've got to have a source of funding to do all this. What I said at that meeting was I believe the number was five million. That happens to be 500 homes. If I'm wrong, I apologize. They have identified a little over $2 million, $2.2 million. Then what I said was each Commissioner should not be given that money. What I said was each Commissioner should be given the opportunity to tell the Administration what houses they're receiving the most complaints about --
Mr. Mensah: Yes.
Chair Sarnoff: -- and those Commissioners can then put a list together and have those houses taken care of. I've been given a list right here. I have 200 -- no, sorry. I have 138 ready-to-go houses, and we have zero dollars to take them down. Until --
Mr. Mensah: No.
Chair Sarnoff: Wait, let me finish. -- we start at the process of looking at a different way of looking at NSP money. Now many of my homes won't qualify in my neighborhoods, but they're going to try to create what they call a spot blight program, my understanding of our conversation. And it may not help me. It certainly is going to help District 1. It's going to help
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District 4. It's a huge impact for District 5 if you look at this list. But I want to clarify what I said. I believe the better course of action for government is to reward those people who pay their taxes and pay their mortgages and go to work in the morning and wonder to themselves how they're going to maker ends meet versus the people who abandon their properties and say enough's enough. And folks, I even have friends and colleagues that I know that bought second and third homes; they're just walking away from them. And they don't care. But the problem is there's -- some of them are in nice home -- nice neighborhoods. Regardless of whether they're in nice neighborhoods, how would you like to be a guy in a million-dollar home paying $31,000 a year in property taxes and the house next door to you is falling into the river? You want to pay those property taxes? I don't think so. Now you may not care about the rich guy who has that million-dollar home, but you want his $31,000. You want his money. So the best course of action, again, let the Commissioners -- not create slush funds. That was a misquote, too. I never said a slush fund. I said let the Commissioners who get the complaints guide the Administration as to the homes that are getting the complaints. Now, if anybody has a philosophical problem with what I think should be done, that's okay, you know. That's okay. But I don't want to be misquoted. I never suggested to anyone that any one of these Commissioners, myself included, should get a slush fund. We should get the opportunity to communicate with this Administration, as we had in the past by the way. Before you guys sat on this dais, we were given a list of houses that we wished to see demolished. We did nothing with that list. We have -- we were given the list of houses that we were asked to see foreclosed upon. That's in the process. But guess what we don't have. The money to finalize the process. And Commissioner Suarez was dead right. We created a statute or an ordnance in 2008 that is essentially -- we'll get back every dollar for dollar if we go through the foreclosure process. It's just we need the seed money to start the process to begin with. So I've said enough. I want to clarify the record. I didn't suggest -- I don't think any Commissioner here suggested that any amount of money should go to his budget or anything along those lines. It merely was a way of saying let us help you learn what houses we receive the most complaints or what properties we receive the most complaints about.
Commissioner Dunn: Mr. Chairman, if I could chime in.
Chair Sarnoff: You're recognized, Commissioner Dunn.
Commissioner Dunn: I concur. I thought it was crystal clear what you said and what's the will of this Commission. At the end of the day, it was to beautify and to empower and help the constituents. That's what it was about. So I don't know how it went south. But of course, you know, sometimes sensationalism sells.
Chair Sarnoff: I hear you. All right. Thank you. All right. Gentlemen, any further discussion on PH.3? Hearing none, seeing none, all in favor, please say “aye.”
The Commission (Collectively): Aye.
END OF PUBLIC HEARINGS
ORDINANCES - SECOND READING
SR.1 ORDINANCE Second Reading 10-00425 Office of Strategic AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH Planning, ATTACHMENT(S), ESTABLISHING THE DEPARTMENTS OF THE CITY OF Budgeting, and MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. Performance 09-0454, ADOPTED SEPTEMBER 29, 2009, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF
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DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
10-00425 Legislation FR/SR.pdf 10-00425 Exhibit SR.pdf 10-00425 Summary Form FR/SR.pdf
Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
Note for the Record: Item SR.1 was deferred to the City Commission meeting currently scheduled for September 16, 2010.
SR.2 ORDINANCE Second Reading 10-00692 Honorable Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Tomas Regalado 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "STREETS AND SIDEWALKS," BY AMENDING SECTION 54-9 OF THE CODE ENTITLED "PLACING SIGNS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE" TO ALLOW FOR IDENTIFICATION OF DONORS ON TRASH CONTAINERS THROUGHOUT THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00692-Legislation-SUB.pdf 10-00692-Submittal-Correspondence-Mayor.pdf 10-00692 Legislation SR.pdf 10-00692 Pictures FR/SR.pdf 10-00692-Submittal-Pictures.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
13188
Mayor Tomás Regalado: While they do that, we have SR.2. Mr. Chairman, we have SR.2, that it's real easy. Everybody has been briefed, everybody has agreed. It's the second reading for the donors of trash containers. But if you want to defer that for the afternoon, it's fine.
Chair Sarnoff: No, no. Let's take up SR.2. That's easy. I agree with you. All right. We're now having a discussion on SR.2. Mr. Mayor, you want to say anything?
Mayor Regalado: Well, it's the second reading.
Chair Sarnoff: Okay.
Mayor Regalado: All Commissioners have been briefed. This is at no cost at all to the City of Miami. These are merchants that want to buy trash receptacles for downtown, other parts. They do not have advertising, just a sponsorship, no address, no -- it doesn't have advertising.
Vice Chair Carollo: So move.
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Chair Sarnoff: All right. So we have a motion on SR.2.
Commissioner Dunn: Second.
Chair Sarnoff: We have a second?
Commissioner Dunn: Yeah.
Chair Sarnoff: Second by Commissioner Dunn. Let me open up a public hearing. Does anyone here -- is anyone here, especially for the Mayor's item -- I know you all want to talk on it -- on garbage collection -- just kidding -- on the garbage cans, that's what the issue is, on the ability of merchants to buy garbage cans. Anybody from the public wishing to be heard on SR.2? Hearing none, seeing -- There was somebody out there.
Joe Simmons: Just one. Joe Simmons, Jr., president of the sanitation workers union, AFSCME (American Federation of State, County and Municipal Employees) Local 871. My question is maintenance. Who's going to do the maintenance --
Commissioner Gort: We are.
Mr. Simmons: -- and servicing of these containers?
Chair Sarnoff: They didn't call you and tell you?
Commissioner Gort: My understanding, we are.
Mr. Simmons: Currently, we are.
Commissioner Gort: Yes.
Mr. Simmons: Oh, we are? Solid Waste, okay.
Chair Sarnoff: Who's doing the maintenance?
Commissioner Gort: (UNINTELLIGIBLE).
Mr. Migoya: Solid Waste will do it.
Chair Sarnoff: Solid Waste.
Mr. Simmons: Okay.
Chair Sarnoff: Solid -- all right.
Mr. Simmons: No. I didn't see nothing in the packet. That's why I asked.
Chair Sarnoff: Aren't you glad to know you're going to be doing it now?
Mr. Simmons: Yes, sir. Thank you, sir. We could eat another day.
Chair Sarnoff: You didn't get the memo? All right. Gentlemen, public hearing is now -- anyone else wishing to be heard on SR.2? Hearing none, seeing none, coming back to this Commission. Any discussion, gentlemen? Hearing no discussion, all in favor, let's -- an ordinance, I apologize.
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The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro.
Priscilla A. Thompson (City Clerk): Chair, before you take a vote, I have in my records a substitute for this, so it would be shown as a modification, is that correct? I was handed a substitute.
Maria J. Chiaro (Deputy City Attorney): Substitute -- this is a substitute. What's the substitution?
Mr. Migoya: Substitution on the CA (Consent Agenda) -- hang on.
Ms. Thompson: On SR.2.
Chair Sarnoff: SR.2, Mr. Manager. I think the substitution might be the actual photograph. Is that what we're --?
Mr. Migoya: Yes, it is.
Mayor Regalado: It is the photo.
Chair Sarnoff: So, as amended, as substituted. And Mr. Maker, you understand that? And the seconder understands that?
Ms. Chiaro: The substitution replaces the words “containers” with “receptacles” in the body of the ordinance.
Chair Sarnoff: Well, that changes everything. Wait a minute. All right. Everybody get that? We're okay with that? Everybody accepts, Madam Clerk.
Ms. Thompson: Thank you.
Chair Sarnoff: All right. Continue.
Ms. Thompson: Your roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordnance has been adopted as modified, 5-0.
Chair Sarnoff: All right. Mr. Mayor, let's try to get the folks --
Ms. Thompson: Ex --
Chair Sarnoff: Go ahead.
Ms. Thompson: Chair, I'm sorry. Because I want to make sure our record is correct, and we've been flop -- flip-flopping, so may I ask a question regarding our items that we've already completed. I have the Mayor's item, M.1, having been discussed.
Chair Sarnoff: I do too.
Ms. Thompson: Is that correct?
Chair Sarnoff: I -- yes.
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Ms. Thompson: Okay. We have item number M.2 as having been discussed.
Chair Sarnoff: I have that as well.
Ms. Thompson: Okay. I still have item M.3 --
Chair Sarnoff: Pending.
Ms. Thompson: -- pending.
Chair Sarnoff: Correct.
Ms. Thompson: And then we've gone on with the RE.9.
Chair Sarnoff: We have completed RE.9.
Ms. Thompson: That's correct. And now we're getting ready to go into our P&Zs (Planning & Zonings).
Chair Sarnoff: Correct, ma'am.
Ms. Thompson: Thank you.
Chair Sarnoff: And we -- I'm sorry. And the Vice Chair is right. SR.2 was taken.
Ms. Thompson: Yes. We just did that one. Thank you.
END OF ORDINANCES - SECOND READINGS
ORDINANCES - FIRST READING
FR.1 ORDINANCE First Reading 10-00739 Honorable Mayor AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 12 OF Tomas Regalado THE CODE OF THE CITY OF MIAMI, FLORIDA , AS AMENDED, CURRENTLY ENTITLED "COIN-OPERATED MACHINES AND ESTABLISHMENTS," BY AMENDING THE TITLE TO “AMUSEMENT MACHINES,” CLARIFYING EXISTING LANGUAGE, ADDING DEFINITIONS, CREATING A LICENSING STRUCTURE AND REGULATORY SCHEME, PROVIDING FOR PENALTIES, AND PROHIBITING UNAUTHORIZED AMUSEMENT MACHINES; AMENDING CHAPTER 31/ARTICLE II OF THE CITY CODE ENTITLED “LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR), ” MORE PARTICULARLY BY AMENDING SECTION 31-50, ENTITLED “SCHEDULE OF ESTABLISHED BTRS,” BY DELETING AN ESTABLISHED BTR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
10-00739 Legislation FR 7-22-10.pdf
Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
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Note for the Record: Item FR.1 was deferred to the City Commission meeting currently scheduled for September 16, 2010.
FR.2 ORDINANCE First Reading 10-00836 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Attorney 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", DIVISION 6, ENTITLED, "BILLBOARDS", BY AMENDING SECTION 62-701, BY CREATING A NEW DEFINITION OF "SIGN", AND BY CREATING A NEW SECTION 62-707, ENTITLED, "OPT-OUT OF MIAMI-DADE COUNTY CODE FOR BILLBOARDS IN PROXIMITY TO EXPRESSWAYS "; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00836 Legislation.pdf 10-00836 Cover Memo.pdf
Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
Chair Sarnoff: FR.2.
Julie O. Bru (City Attorney): Okay, Mr. Chair, FR.2 is the first reading on an ordinance that this would provide for opting out of the Miami-Dade County Sign Code with respect to billboards. This is something that was previously in our zoning code and then, with the whole conversion into Miami 21, was omitted, so this is kind of a cleanup.
Chair Sarnoff: All right.
Ms. Bru: Do you want to open up the public --?
Chair Sarnoff: I will open up a public hearing. Anybody wishing to be heard on FR.2, which is amending the -- asking for -- a resolution asking that Miami-Dade Commission --
Ms. Bru: An ordinance. This is an ordinance opting out of the Miami-Dade Sign Code for billboards.
Chair Sarnoff: I apologize. Let me get up to FR.2. Anybody wishing to be heard on FR.2, which is the opting out of the sign code? Hearing none, seeing none, coming back to this Commission. Is there such a motion?
Commissioner Suarez: So move.
Commissioner Dunn: Second.
Chair Sarnoff: Motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all -- Madam City Attorney, it is an ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Pamela L. Latimore (Assistant City Clerk): Roll call. City of Miami Page 29 Printed on 8/27/2010 City Commission Meeting Minutes July 22, 2010
A roll call was taken, the result of which is stated above.
Ms. Latimore: The ordinance passes on first reading, 5-0.
END OF FIRST READING ORDINANCES
RESOLUTIONS
RE.1 RESOLUTION 10-00778 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvements JOINT PARTICIPATION AGREEMENT WITH MIAMI-DADE COUNTY Program ("COUNTY"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE SOUTH BAYSHORE DRIVE ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT, B-30646 ("PROJECT"), PROVIDING FOR THE ACCEPTANCE OF FUNDS IN THE AMOUNT OF $450,000 FROM THE COUNTY FOR THE DESIGN OF THE PROJECT. 10-00778 Legislation.pdf 10-00778 Exhibit.pdf 10-00778 Summary Form.pdf
Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0336
Chair Sarnoff: All right, RE.13. Anybody from the Administration care to hear RE.13? Oh, I apologize. RE 1. No wonder you guys are looking -- it's page 13. I apologize.
Alice Bravo (Director): Good afternoon. Alice Bravo, Capital Improvements Department. RE.1 is a resolution for authorization to enter into a joint participation agreement with Miami-Dade County by which they are providing funds for us to perform the design for a project on South River Drive -- I'm sorry, South Bayshore Drive.
Chair Sarnoff: All right. Is there a motion?
Commissioner Dunn: So move.
Chair Sarnoff: Motion by Commissioner Dunn.
Vice Chair Carollo: Second.
Chair Sarnoff: Second by the Vice Chair. Anybody from the general public wishing to be heard, RE 1, which is acceptance of $450,000 from the County for design of South Bayshore Drive roadway improvement project? Hearing none, seeing none, coming back to this Commission.
Vice Chair Carollo: Discussion.
Chair Sarnoff: Go ahead. You're recognized for discussion.
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Vice Chair Carollo: Thank you, Mr. Chairman. It's my understanding South Bayshore Drive is a County road. Now, what I'm concerned is that the County's going to be giving $450,000 for design. Just design? What's it going to cost then, which is what I'm afraid, and who's going to be paying for it?
Ms. Bravo: Yes. At this time, we only have a very cursory construction cost estimate in the range of $2 million, but there's been no determination made as to how the construction will be funded.
Vice Chair Carollo: I mean -- I don't have a problem then, you know, with receiving 450,000 for, you know, anything for that matter. My concern is if it's just for design, what's this going to cost, and can we really fund it? You know, would they be putting additional monies? You understand my concern? I mean, $450,000 to, I guess, a layperson just on design is like, whoa. What are they building?
Ms. Bravo: Yes. And --
Chair Sarnoff: It's a -- I probably know more about it than any of you. It's a project that had been thought about for many, many years, and Commissioner Gimenez has agreed to see -- he wants to start out with the design to see what it would look like, and then he has agreed that he would look to see whether there were any funding possible from the County. You're right. I don't see the City improving a County road as well.
Vice Chair Carollo: And you know, Mr. Chairman, if that's the decision that you make, that we make, and so forth, you know, I don't have a problem with it, but I do have to question the amount of money. And more so, if we accept these $450,000, are we committed to do the, you know -- No, we're not?
Chair Sarnoff: No. I'm going to let her answer because I know we're not, but that's better coming from the Administration.
Ms. Bravo: Yes. Our agreement does not impose upon us the responsibility of paying for the construction.
Vice Chair Carollo: Okay. That's all I needed to know.
Chair Sarnoff: All right. Any further discussion?
Commissioner Gort: Question.
Chair Sarnoff: Yes, sir.
Commissioner Gort: Are we going to do this in-house?
Ms. Bravo: We're going to use a design consultant to design this for us.
Commissioner Gort: Okay.
Chair Sarnoff: All right. Any further discussion on RE.1? Hearing no further discussion, this is a resolution. All in favor, please say “aye.”
The Commission (Collectively): Aye.
RE.2 RESOLUTION 10-00779
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Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT Improvements GRANT AWARDS, CONSISTING OF FUNDING FROM THE FEDERAL Program GOVERNMENT, THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION AS THE PASS THROUGH AGENCY, FOR FOUR (4) MIAMI RIVER GREENWAY PROJECTS, IN THE FOLLOWING ANTICIPATED AMOUNTS: $1,000,000, FOR THE MIAMI RIVER GREENWAY SOUTHWEST 1ST COURT TO SOUTH MIAMI AVENUE PROJECT, B-30130; $2,339,739, FOR THE MIAMI RIVER GREENWAY NORTHWEST 10TH AVENUE TO NORTHWEST 12TH AVENUE PROJECT, B-30651; $1,000,000, FOR THE MIAMI RIVER GREENWAY NORTHWEST 5TH STREET BRIDGE EXTENSION PROJECT, B-30336; AND $1,079,879, FOR THE OVERTOWN GREENWAY AT NORTHWEST 11TH TERRACE PROJECT, B-30624; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE LOCAL AGENCY PARTICIPATION AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD FUNDING, WITH THE APPROVED AMOUNTS SUBJECT TO CHANGE, AND FUNDS TO BE APPROPRIATED BY SEPARATE RESOLUTION(S). 10-00779 Legislation.pdf 10-00779 Exhibit.pdf 10-00779 Summary Form.pdf
Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0337
Chair Sarnoff: All right, RE.2.
Alice Bravo (Director, Capital Improvements): RE.2 is, once again, a resolution providing authorization for the City Manager to enter into an interlocal agreement with Miami-Dade County Transit -- oh, I'm sorry. Wrong one.
Chair Sarnoff: Accepting $1 million.
Ms. Bravo: Yes.
Chair Sarnoff: With the Greenway Southwest 1st Court to South Miami Avenue, and then $1 million for the Miami Greenway River Northwest 5th Street Bridge Extension project.
Ms. Bravo: Yes.
Chair Sarnoff: And then that's it.
Ms. Bravo: Miami River Greenway Northwest 5th Street Bridge Extension, one million; Overtown Greenway, Northwest 11th Terrace, just over one million, one million seventy-nine thousand, eight hundred seventy-nine; Miami River Greenway, Southwest 1st Court to South Miami Avenue, one million dollars; Miami River Greenway, Northwest 10th Avenue to Northwest 12th Avenue, two point three million, thirty-nine thousand, seven hundred thirty-nine.
Chair Sarnoff: And this --
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Ms. Bravo: And these are funds that are flowing through FDOT (Florida Department of Transportation) to the City of Miami. They're federal funds for enhancement projects that the City has been awarded over time from -- through the process that the Metropolitan Planning Organization conducts.
Chair Sarnoff: Okay. Let's do this. Let's -- I'll open up a public hearing. Anyone from the public wishing to be heard on RE.2? You're recognized for the record, Mr. Berman [sic].
Brett Bibeau: Thank you, honorable Chairman Sarnoff, honorable City Commission. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street, Suite D, Miami, Florida 33125. The Miami River Commission respectfully recommends approval of RE.2 and RE.6, allowing the use of $4,339,739 in federal/FDOT grant funding previously awarded to the City of Miami to construct three sections of the Miami River Greenway. As you are aware, finishing implementation of your adopted Miami River Greenway Action Plan will significantly improve the natural environment and economy. The Miami River Commission thanks the City of Miami and FDOT for partnering on bringing these sections of the Miami River Greenway to fruition. Thank you for your time.
Chair Sarnoff: Thank you. Mr. Bibeau, I apologize for calling you Mr. Berman.
Mr. Bibeau: (UNINTELLIGIBLE).
Chair Sarnoff: Thank you. All right. Is there a motion?
Commissioner Suarez: Move.
Vice Chair Carollo: Second.
Chair Sarnoff: Motion by Commissioner Suarez, second by the Vice Chair. Commissioner Gort's recognized for the record.
Commissioner Gort: Discussion. When are you going to continue beyond west of 12th Avenue?
Ms. Bravo: Well, there's an extensive greenway project master plan that's planned for the entire river leading all the way up to the area of the Miami airport. And we're currently pursuing a TIGER (Transportation Investment Generating Economic Recovery) II grant application --
Commissioner Gort: Okay.
Ms. Bravo: -- through the federal government for additional funds to complete the Miami River Greenway to the western limit.
Commissioner Gort: Okey-doke. I hope so.
Chair Sarnoff: I think he's saying is he'd like to see it done before he gets too much older.
Commissioner Gort: The whole City of Miami. I mean, every time there's something that money's going to be spent, there's never enough for District 1. Can't find the funding.
Chair Sarnoff: All right.
Commissioner Gort: Go ahead. It's --
Chair Sarnoff: I gotcha. Any other discussions on RE.2? Hearing no other discussions, it is a
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resolution. All in favor, please say “aye.”
The Commission (Collectively): Aye.
Chair Sarnoff: Okay. You have a unanimous vote.
RE.3 RESOLUTION 10-00780 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED Improvements PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED Program DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A - 7/22/10 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 10-00780 Legislation.pdf 10-00780 Exhibit.pdf 10-00780 Summary Form.pdf 10-00780 Text File Reports.pdf 10-00780 Pre-Attachment.pdf
Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0338
Chair Sarnoff: RE.3.
Alice Bravo (Director, Capital Improvements): RE.3 is resolution amending the expedite list for procurement of additional design projects that have been added since it was last presented to the Commission.
Chair Sarnoff: All right. Is there anyone from the public wishing to be heard on RE.3, which is the amendment to the City of Miami's list of expedited projects pursuant to our previously adopted ordinance? Anyone from the City -- anyone from the general public wishing to be heard? Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. Is there a motion?
Commissioner Suarez: So move.
Chair Sarnoff: Motion by Commissioner Suarez --
Vice Chair Carollo: Second.
Chair Sarnoff: -- second by the Vice Chair. Any discussion? Hearing no discussion, all in favor, please say “aye.”
The Commission (Collectively): Aye.
Chair Sarnoff: You have unanimous vote.
RE.4 RESOLUTION
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10-00781 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire-Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF A CERTAIN PARCEL LOCATED IN FORDHAM'S SUBDIVISION PLAT BOOK 4-93, LYING IN SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST, AS SHOWN ON THE FDOT RIGHT-OF-WAY MAP FOR STATE ROAD 933 SECTION 8760-152, SOUTHEAST OF THE MIAMI RIVER, UNDER THE NORTHWEST 12TH AVENUE BRIDGE, BETWEEN NORTHWEST 8TH TERRACE AND THE MIAMI RIVER, CITY OF MIAMI, MIAMI-DADE COUNTY; MORE PARTICULARLY DESCRIBED AS THE EAST PORTION OF THE SOUTHEAST PARCEL UNDER THE NORTHWEST 12TH AVENUE BRIDGE CONTAINING 22,770 SQUARE FEET MORE OR LESS, FOR THE STORAGE OF SPARE APPARATUS; WITH SAID LEASE AGREEMENT AT NO COST TO THE CITY OF MIAMI, FOR A LEASE TERM OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR ANOTHER FIVE (5) YEARS; WITH THE REQUIREMENT BY FDOT, THAT A PUBLIC PURPOSE REVERTER PROVISION BE ADDED, THAT IF THE USE OF THE PARCEL IS DISCONTINUED, THE LEASE WILL CEASE AND REVERT BACK TO FDOT AND THAT FDOT WILL HAVE ACCESS WITH OR WITHOUT NOTIFICATION FOR EMERGENCY BRIDGE REPAIRS AND THAT ROUTINE BRIDGE REPAIRS CAN BE DONE WITH 72 HOURS VERBAL NOTICE TO THE CONTACT NOMINEE. 10-00781 Legislation.pdf 10-00781 Exhibit.pdf 10-00781 Summary Form.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) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0322
Chair Sarnoff: All right. Let's go to RE.4.
Vice Chair Carollo: You have a page?
Chair Sarnoff: No, I don't. I have the --
Vice Chair Carollo: Fourteen.
Chair Sarnoff: Fourteen. Page 14, RE.4.
Madeline Valdes (Director): Madeline Valdes, Department of Public Facilities. RE.4 is a resolution authorizing the City Manager to enter into a lease agreement with FDOT (Florida Department of Transportation) for the use of a certain parcel underneath 12th Avenue Bridge at zero dollars. The parcel is about 22,770 square feet, and it's to house their apparatuses and their equipment. The agreement is for five years with one option to renew for another five years.
Chair Sarnoff: And you said there was no money involved?
Ms. Valdes: No money.
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Chair Sarnoff: Okay. Is there a motion on RE.4?
Vice Chair Carollo: So moved.
Chair Sarnoff: Motion --
Commissioner Suarez: Second.
Chair Sarnoff: -- by the Vice Chair --
Commissioner Suarez: Second.
Chair Sarnoff: -- second by the -- Commissioner Suarez. Any discussion, gentlemen? I don't need public hearing on REs (Resolutions), do I, Madam City Clerk?
Priscilla A. Thompson (City Clerk): It's according to --
Commissioner Gort: (UNINTELLIGIBLE) discussion.
Ms. Thompson: -- what type of RE it is, and I don't think you need one on this one.
Chair Sarnoff: Okay. All right, hearing none --
Commissioner Gort: Under discussion.
Chair Sarnoff: You want to discuss?
Commissioner Gort: Yes.
Chair Sarnoff: Oh. Go ahead.
Commissioner Gort: What I'd like to add, we've been working with Merrill Stevens for a while. My understanding is there's a new purchaser that's going to come into Merrill Stevens. Hopefully, what they want to do is they want to expand the services in order to be able to provide major jobs -- services which will bring quite a few employments, and they were thinking also on using the facility underneath the bridge. So I don't know if we'll be able to work out something with the Fire Department and Merrill Stevens where they can both use it.
Ms. Valdes: Well, this agreement is specific to the Fire Department, but we can always go back and try to work with FDOT to see if they'd allow other uses. This is for public use only.
Commissioner Gort: Right.
Ms. Valdes: Yeah.
Commissioner Gort: Okay. Thank you.
Ms. Valdes: You're welcome.
Chair Sarnoff: All right, so we have a motion, we have a second. Any further discussion? Hearing none, all in favor, please say "aye."
The Commission (Collectively): Aye.
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Chair Sarnoff: All right, RE.5.
Ms. Thompson: Excuse me. I want to make sure I record the votes for everyone that's here.
Chair Sarnoff: Commissioner Suarez was not voting.
Commissioner Suarez: I'll vote.
Vice Chair Carollo: Say “aye.”
Commissioner Suarez: Aye.
Vice Chair Carollo: There you go.
Chair Sarnoff: There you go. Now you got him.
Ms. Thompson: Thank you.
RE.5 RESOLUTION 10-00843 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI BRIDGE YOUTH AND FAMILY SERVICES, INC., A NON-PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF PROPERTIES LOCATED AT 2916, 2810 AND 2910 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA , COMMENCING ON THE EFFECTIVE DATE, FOR USE AS A 24/7 EMERGENCY RESIDENTIAL SHELTER FOR RUNAWAYS AND FOR CRISIS COUNSELING, FOR AN INITIAL TERM OF SEVEN (7) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL FIVE-YEAR TERMS; PROVIDING FOR A MONTHLY USE FEE OF FIVE HUNDRED DOLLARS ($500), AS ADJUSTED BY FIVE PERCENT (5%) EVERY SUBSEQUENT FIVE (5) YEAR TERM; PROVIDING FOR LICENSEE'S PAYMENT OF ANY ANNUAL STATE FEES IMPOSED BY THE STATE FOR THE USE OF THE STATE-OWNED UPLAND PARCELS; PROVIDING FOR THE TERMINATION OF THE EXISTING REVOCABLE PERMIT UPON EXECUTION OF THIS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON-SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT, SUBJECT TO CITY ATTORNEY APPROVAL. 10-00843 Legislation.pdf 10-00843 Exhibit.pdf 10-00843 Summary Form.pdf
Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0323
Chair Sarnoff: RE.5.
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Madeline Valdes (Director, Public Facilities): RE.5 is a resolution authorizing the City Manager to execute a revocable license agreement with Miami Bridge Youth and Family Services, a nonprofit organization, for the properties located at 2916, 2810 and 2910 Northwest South River Drive. The commencement date is the effective date for use as a 24/7 emergency residential shelter for runaways and crisis counseling. The term of the agreement is for seven years with two five-year options; providing for a monthly fee $500 with an adjustment of 5 percent every five years; providing that Miami Bridge pay all state fees with respect to the adjacent parcels. There any further questions?
Chair Sarnoff: All right. Is there --?
Commissioner Gort: I'll make the motion, and the reason being, this is the -- a non-for-profit that had been providing a lot of services in the community.
Vice Chair Carollo: Second.
Chair Sarnoff: Vote -- sorry. Motion by Commissioner Gort, second by the Vice Chair. Any discussion? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
RE.6 RESOLUTION 10-00853 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Improvements INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TRANSIT Program ("COUNTY"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE MIAMI RIVER GREENWAY SOUTHWEST 1ST COURT PROJECT, B-30130 ("PROJECT"); FURTHER GRANTING AND CONVEYING TO THE CITY OF MIAMI A NON-EXCLUSIVE PERMIT TO ENTER AND REMAIN ON THE COUNTY'S PROPERTY FOR THE PURPOSE OF PERFORMING THE SCOPE OF WORK, AND PROVIDING THAT THE COUNTY MAINTAIN THE PROJECT. 10-00853 Legislation.pdf 10-00853 Exhibit.pdf 10-00853 Summary Form.pdf
Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0339
Chair Sarnoff: RE.6.
Alice Bravo (Director, Capital Improvements): RE.6 is a resolution authorizing the City Manager to enter into a local -- interlocal agreement with Miami-Dade County by which they transfer an easement to the City for the construction of one of the greenway projects that was discussed in the previous item.
Chair Sarnoff: I'm going to open it up to a public hearing. Anybody from the general public wishing to be heard on RE.6, which is the interlocal agreement of the Miami River Greenway between the City of Miami and the -- I'm sorry, County --
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Ms. Bravo: Miami --
Chair Sarnoff: -- Miami-Dade County.
Ms. Bravo: -- Dade County.
Chair Sarnoff: Anybody wishing to be heard on that issue, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Is there such a motion?
Commissioner Suarez: Move.
Chair Sarnoff: Motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say “aye.”
The Commission (Collectively): Aye.
Chair Sarnoff: Unanimous vote.
RE.7 RESOLUTION 10-00782 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 209202,1, THAT THE PROPOSER, MCGLADREY & PULLEN, LLP, IS THE TOP-RANKED FIRM FOR THE PROVISION OF EXTERNAL AUDITING SERVICES FOR THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE SOLE DISCRETION OF THE CITY COMMISSION, IN AN ANNUAL AMOUNT NOT TO EXCEED $430,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,290,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00001.161000.532000.
10-00782 Legislation.pdf 10-00782 Exhibit SUB.pdf 10-00782 Summary Form.pdf 10-00782 Letter.pdf 10-00782 RFP.pdf 10-00782 Addendum No.1.pdf 10-00782 Table of Organization.pdf 10-00782 Stimulus Update.pdf 10-00782 Management Letter 2008.pdf 10-00782 Management Letter 2007.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
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Chair Sarnoff: RE.7.
Diana Gomez: Diana Gomez, Finance director. RE.7 is a resolution of the Miami City Commission authorizing the City Manager to negotiate and execute a professional services agreement for external auditing services pursuant to RFP (Request for Proposals) number 209202. We are requesting that the City Commission accept the recommendation of the City Manager approving the findings of the evaluation committee for external auditing services and to authorize the City Manager to negotiate and execute professional services agreement with the top-ranked firm of McGladrey & Pullen, LLP (Limited Liability Partnership).
Chair Sarnoff: Has the number changed?
Ms. Gomez: I'm sorry?
Chair Sarnoff: Has the number changed?
Glenn Marcos (Director, Purchasing): Yes.
Vice Chair Carollo: Yes.
Ms. Gomez: I'm sorry.
Mr. Marcos: Commissioner, Glenn Marcos, Purchasing director. As far as the numbers changing, the answer is absolutely yes. I went ahead and personally negotiated the contract with McGladrey, and the numbers are as follows: within the first year of this engagement, we've agreed to a price of $390,000. Within the second year of the engagement, it would be $400,000, and within the third year of the engagement, we're looking at $410,000. Your total contract savings in comparison to the prior contract is $90,000. The prior contract, the total amount was 1.29 million. This contract will be for the amount of 1.2 million. For the record, if it helps any, we're looking at the fact that for the first year, we'll be looking at paying the contract price that we paid under this current contract that's about to expire almost two years ago, so we're going two years back as far as the pricing. And within the second year, we'll be paying $10,000 lower than this year -- this year's amount. And then within the third year, we're looking at $410,000, which was -- but we paid -- what we've paid over the last year of the contract.
Chair Sarnoff: Okay. Let me open it up, Mr. Marcos, to a public hearing. Is there anybody wishing to be heard on the findings of the evaluation committee pursuant to the request for proposals for McGladrey & Pullen to do the provisional of the external auditing services for the City of Miami? Anyone wishing to be heard? Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. Is there any motion?
Vice Chair Carollo: I make a motion for discussion.
Chair Sarnoff: All right. We have a motion by the Vice Chair.
Commissioner Suarez: Second.
Chair Sarnoff: Second. Vice Chair is recognized.
Vice Chair Carollo: Thank you, Mr. Chairman. One thing I want to point out, this contract is for one year, correct?
Mr. Marcos: That's a good question, Commissioner. The RFP that was issued, it was issued for one year with options to renew for four additional one-year period. The RFP selection
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evaluation committee, which is your Audit Advisory Committee, looked at that, and they recommended to change the term and cut the number of years. So what you have before you is a one-year contract with options to renew for two additional one-year periods, so it was shortened by two years.
Vice Chair Carollo: Thank you. Let me let my colleagues know where I am with this. I was actually disappointed that not enough firms applied to this RFP. As a matter of fact, I spoke to one of the big fours after the fact 'cause I was really surprised that not enough firms applied, and they actually told me that they never knew about it. They were never noticed or anything of that. However, the issue is that I don't want to say we're behind the eight ball, but yes, we're behind the eight ball. If we go to another RFP again and so forth, the time is going to take and by the time they get ready and if they want to do any interim work or so forth, it's going to be too long. So I'm in a catch-22 to be honest with you, and I think -- if I could suggest to my colleagues, I think the best-case scenario that we are in right now is to do a one-year contract and then direct the management that starting in January, to put out an RFP and -- for the following year. And that's my recommendation.
Commissioner Dunn: Mr. Chair.
Chair Sarnoff: Commissioner Dunn, you're recognized.
Commissioner Dunn: I would also -- I would support an amendment like that because if there has not been -- if there are some complaints that they have not been adequately noticed, certainly that warrants not giving a person a three-year 'cause then that's a three- or four-year lock. They would have a lock, and then we'll be -- we will be bound by that agreement; am I correct?
Vice Chair Carollo: I don't want to say that there was a complaint that they weren't notified. However, I was surprised that more firms didn't apply to this RFP, and I did reach out after the fact, once, you know, it was out there, firms that already hadn't submitted their applications or so forth, and I asked them, did you know that this was out there and their answer was no, we never received any notification or so forth, which is not necessarily a complaint, it's just -- it could be a reasoning why more firms didn't put out an application to bid for this audit.
Commissioner Dunn: Mr. Chair.
Chair Sarnoff: You're recognized.
Commissioner Dunn: One of the things I would also like to add as a caveat -- I don't know how we can, if we would -- definitely, I would be concerned about the minority firms that are given an opportunity to participate. That definitely would be something of my concern.
Mr. Marcos: For the record, I just wanted to make sure. It might seem like a cheesy plug, but I'm going to try anyways. Pursuant to the procurement code, we are required to advertise, and we do advertise in the newspaper, and we welcome all the firms to register with the City of Miami. So if there's firms out there that are wanting to do business with the City of Miami, not only for external auditing services, please would visit our Web site at www.miamigov.com/procurement. The process is extremely easy. It's a five-minute process. It's a two-step process, and we welcome any and every firm, but I must say that for the record, it is an easy process. The moment they end up registering with the City of Miami, it basically -- it's incumbent upon the system just notifying them electronically.
Vice Chair Carollo: And if I may, I just want to, you know, speak to our director of Finance. Ms. Gomez, do you agree that putting it out again, should we put it out again, is really going to be difficult with the time issue, correct?
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Ms. Gomez: For right now, yes.
Vice Chair Carollo: Yeah.
Ms. Gomez: I believe that we wouldn't have enough time for them to start interim field work.
Vice Chair Carollo: Yeah.
Ms. Gomez: If I may, even having one in January, you know, it's in the midst of us doing an audit. It's going to be very difficult also for us to put out another RFP while we're still focusing on the audit. We'll do what we can to make sure it gets out there.
Vice Chair Carollo: How about in April? 'Cause if everything goes as planned, we should receive our issued financial statements prior to March 31.
Ms. Gomez: Exactly. So, yes. I mean, we can do it. It's something that -- but I guess, for clarity's sake, is it something that the Commission doesn't -- should the current proposer propose? I mean, what if nobody else proposes, has always been our issue. I don't want to send the wrong message that it's about who was selected versus --
Vice Chair Carollo: No. My message is that I believe we should do a one-year contract, and then, with ample time, put it out as an RFP again maybe in April, the beginning of April. And my message is I want all the firms to apply, as many as possible.
Ms. Gomez: Okay. And if I may, for the record, on the current contract -- well, the current proposer, McGladrey & Pullen, they are partnering with two considered minority firms, Sharpton Brunson, as well as Sansone Kline Jacomino, so they do partner with them and they do part of the audit. They share the work with these other smaller firms.
Vice Chair Carollo: Right, a percentage. They do a percent -- the minority firm does a percentage.
Ms. Gomez: Yeah.
Chair Sarnoff: All right. Any further discussion?
Johnny Martinez (Assistant City Manager/Chief of Infrastructure): I don't believe that -- I think having the option to renew is just some flexibility in the contract. It doesn't prohibit you from still advertising the contract. So I would recommend to keep the flexibility in and not exercise the option if you don't want. That's just a recommendation. It's an option. You don't have to.
Vice Chair Carollo: As long as the Administration knows clearly what's the intention --
Mr. Martinez: Absolutely.
Vice Chair Carollo: -- of this Commission.
Mr. Martinez: I do just recommend to have the flexibility.
Vice Chair Carollo: So in other words, in April, I expect, you know, at the beginning of April, for an RFP to go out or at least start working on it --
Mr. Martinez: Absolutely.
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Vice Chair Carollo: -- so we have ample time and -- so with that said, okay, I will make -- I maintain my motion with the difference of the 390 for the first year, and directing the Administration to then, in April, beginning of April, to put out another RFP.
Mr. Marcos: Commissioner, if it makes you feel even more comfortable as a body, you can always direct us to -- when we exercise -- if we ever have to exercise that option, that we can come before the board to -- for those options to be exercised instead of exercising it administratively.
Vice Chair Carollo: Thank you. So in addition to the amendment, I want to put that any additional period after the one-year comes back to the Commission for ratification or for --
Mr. Martinez: For approval.
Vice Chair Carollo: -- yeah, for approval.
Mr. Martinez: For approval.
Chair Sarnoff: All right. So the maker has modified it. Does seconder accept?
Commissioner Suarez: Yes.
Chair Sarnoff: All right, we have the seconder accepting. Commissioner Gort, you're recognized.
Commissioner Gort: My question is, it was my understanding any option that's going to be approved by the Administration has got to be approved by the Commissioner [sic] --
Mr. Martinez: Yes.
Commissioner Gort: -- automatically.
Mr. Martinez: We would bring -- we're committing to bring that --
Commissioner Gort: No, no. But any -- and in any other procurement.
Vice Chair Carollo: No.
Mr. Martinez: No.
Vice Chair Carollo: No.
Commissioner Gort: You do it automatically?
Mr. Martinez: Yes.
Vice Chair Carollo: They can.
Mr. Martinez: Yes, sir.
Vice Chair Carollo: Yes. And that's why I'm doing that, exactly.
Commissioner Gort: Okey-doke.
Vice Chair Carollo: Yes.
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Mr. Martinez: Commissioner, we're changing it for this specific one.
Commissioner Gort: No. For this, no. I'd like to change it for the rest, for all of them.
Vice Chair Carollo: Call the question.
Chair Sarnoff: All right. Let's call the question. All in favor on RE.7, please say “aye.”
The Commission (Collectively): Aye.
Chair Sarnoff: All right. You have a unanimous vote.
RE.8 RESOLUTION 10-00752 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire-Rescue RECEIVED MARCH 12, 2010, PURSUANT TO INVITATION FOR BID NO. 177145, FROM IPA CORPORATION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF FIRE-RESCUE UNIFORMS AND SAFETY SHOES, ON AN AS-NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00752 Legislation.pdf 10-00752 Summary Form.pdf 10-00752 Tabulation Summary.pdf 10-00752 Tabulation-IPA.pdf 10-00752 Tabulation-Harrisons.pdf 10-00752 Tabulation-Global.pdf 10-00752 Tabulation-Law Enforcement.pdf 10-00752 List Equal Items.pdf 10-00752 Addendum No. 1.pdf 10-00752 NFPA.pdf 10-00752 IFB.pdf 10-00752 Group 1-Shirts.pdf
Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0324
Carlos A. Migoya (City Manager): Mr. Chair.
Chair Sarnoff: Yes.
Mr. Migoya: There's one more item that needs uniforms that we are behind on. It's RE.8. I apologize for that.
Chair Sarnoff: Just so you know, I approached the City Manager and I asked him for his list.
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Mr. Migoya: I know. I know you did.
Chair Sarnoff: All right.
Mr. Migoya: I know you did.
Chair Sarnoff: RE.8. Go ahead, Mr. Manager, Department of Fire-Rescue, or at least Glenn Marcos.
Glenn Marcos: Thank you, Mr. Chairperson. Glenn Marcos, Purchasing director, once again. RE.8 is an item -- is an invitation for bid that we issued on behalf of Fire-Rescue. This contract is for uniforms and safety shoes. This is a contract that has a base term of one year with options to renew for four additional one-year periods. The total estimated annual amount of this contract is approximately $165,000, and we are recommending the award to IPA Corporation.
Chair Sarnoff: All right. Is there a motion?
Commissioner Dunn: So move.
Chair Sarnoff: Motion by Commissioner Dunn --
Commissioner Suarez: Second.
Chair Sarnoff: -- second by the Vice Chair.
Unidentified Speaker: Do I get to talk? Do I get to say --?
Chair Sarnoff: Is this a public hearing?
Priscilla A. Thompson (City Clerk): No.
Chair Sarnoff: Then you don't get to talk.
Ms. Thompson: But you can always -- it's up to the Commissioner --
Chair Sarnoff: Does any Commissioner --
Ms. Thompson: -- if they want to entertain --
Chair Sarnoff: -- wish to grant a public hearing? All right, no public hearing. RE.8, there's a motion, there's a second. All in favor, please say "aye."
Commissioner Suarez: I have something that I want to say.
Chair Sarnoff: Comment?
Commissioner Suarez: Yes.
Chair Sarnoff: Go ahead.
Commissioner Suarez: Yes. I just want to know -- there was a bid protest on this which was withdrawn. Is that correct?
Mr. Marcos: Yes, Commissioner.
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Commissioner Suarez: Okay. And is there a pending lawsuit on this item?
Mr. Marcos: There -- on late Tuesday, we ended up receiving an emergency injunction.
Commissioner Suarez: Okay.
Mr. Marcos: That's been taken to the courts. And as of right now, nothing is pending.
Commissioner Suarez: So there -- we have not been --
Mr. Marcos: Nothing has happened.
Commissioner Suarez: -- enjoined from acting today? We have not been enjoined from acting?
Julie O. Bru (City Attorney): We've only been served with a motion for injunctive relief. There hasn't been any hearing set, nothing entered by the Court.
Commissioner Suarez: Is -- does the -- 'cause I understand the proper procedure would be if there's a protest, then we'd have to have a hearing, but you're saying the protest was withdrawn. So a lawsuit doesn't affect what we have. That's a totally separate proceeding that's going to be handled by a separate body and the rights will be dealt with in a separate issue.
Ms. Bru: It doesn't --
Commissioner Suarez: Okay.
Ms. Bru: -- prohibit you from taking action today.
Commissioner Suarez: I just wanted clarification on that. That's all.
Chair Sarnoff: You're ready?
Commissioner Suarez: Yeah.
Chair Sarnoff: All right. All in favor, please say "aye."
The Commission (Collectively): Aye.
Chair Sarnoff: All right.
RE.9 RESOLUTION 10-00764 Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A Planning, PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE Budgeting, and FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER Performance 30, 2011; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY OF MIAMI'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 10-00764 Legislation 7-22-10.pdf 10-00764 Summary Form 7-22-10.pdf
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Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0308
Mayor Tomás Regalado: So we have -- in terms of the budget, Mr. Chairman and Commissioners, we have a resolution which is -- I think is the fundamental piece of the budget, which is RE.9. And if I may include this in the budget report to you, other that we are working -- the Administration is working with all the departments of the City of Miami to look at different scenarios in terms of the budget process, that we wanted to present it to you -- the sooner, the better -- different departments in terms of possible cuts, different departments in terms of the different scenarios that we have in the near future to consider.
Vice Chair Carollo: Mr. Chairman.
Chair Sarnoff: You're recognized.
Vice Chair Carollo: Okay, so he -- the Mayor completed M.2 and now we're moving to M.1, but we're going to do RE.9?
Mayor Regalado: Right. And that is the purpose, Mr. Vice Chair, because it is about the budget. And if you allow us to present this item, which is a public hearing, of course -- but if you allow us to present RE.9, which is the City's millage.
Chair Sarnoff: Mr. Mayor, let me open up RE.9 for you then, so that the record's clear. We are discussing M.1 in relation to R.9 -- RE.9, excuse me. So let me open up the -- RE.9. It is a public hearing. Mr. Mayor, you can present or the Manager can present, and then -- Do you have a presentation and then we'll open it up to the public hearing? All right.
Mayor Regalado: Yes, sir.
Chair Sarnoff: Mr. Mayor, you're recognized on RE.9.
Mayor Regalado: Thank you, Mr. Chairman. RE.9 is the millage that the City of Miami will be adopting. It is an important item today because, as you know, it was defer from last meeting to this meeting. But we do have a timeline to send the trim to Miami-Dade County for them to advertise the public hearings that the City Commission will be having in September and the proposed millage rate. As you know, we will all get a letter from Miami-Dade County with the proposed millage rate and with the word “This is not a bill,” and the date of the hearings in Miami-Dade County, which we pay taxes to and the City of Miami. What we are presenting to you is a no-property-tax-increase resolution. It is important to stress that because the County, other cities are proposing a property tax increase. We are not proposing to you a property tax increase. It is the same property tax rate of last year. Because of the property of the values, the taxpayers of the City of Miami will be paying less. It has been represented that there will be an increase because it will be -- the debt will be approved. You will not be voting on the debt. The debt is something that we do not vote on it nor control. That was approved may years ago when the Homeland Security Bond issue was approved by referendum of the voters of the City of Miami in the year 2001, in November of 2001. So there is no action and there is no control by the City nor now, nor last year, nor next year on the debt that goes with the amount of bonds being sold and being issued by the City. What we control, what you control is the millage. And the resolution is very clear on the millage for the fiscal year beginning October 1, 2010 and ending September 30, 2011. And it will direct the City Manager to submit the proposed millage rate to the Miami-Dade County property appraisal [sic] and the tax collector together with the date, time, and place of the public hearing at which the City Commission will consider the
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proposed millage rate and the City of Miami tentative budget for fiscal year. And what we propose is to set a cap. As you know, if we approve this today, we will have to work for the budget with this millage -- proposed millage. The City Commission will not be able to raise it. It could lower it, but it not -- would not be able to raise the millage. If you allow the Manager and the Budget director to come before you so we can explain in details [sic], but before that, it's important that, again, we say to the people of Miami that we are not raising property taxes. There is no rollback. There is no rollup. There is no side up or side roll. It is the truth. It is the fact that we're not raising property taxes in the City of Miami, which will be, I think, one of the few cities in the state of Florida that is not raising property taxes due to the budget crisis. So, Mr. Manager, if --
Carlos A. Migoya (City Manager): Thank you, Mr. Mayor, Mr. Chairman, Commissioners. Not to reiterate some of the points that the Mayor said, but I think it's important that we bring those up and add what the numbers mean to that. What we have said all along is that we are not going to increase the millage that is within our control, which is at that 7.6 rate millage that we currently have. If we don't do that, there'll be approximately a --
Vice Chair Carollo: Fifteen point three.
Mr. Migoya: Huh?
Vice Chair Carollo: Fifteen point three.
Mr. Migoya: -- $37 million reduction to tax revenues from the year '10 to the year '11. That -- so if we maintain the millage at the 7.6, there will be, again, a $37 million reduction. The increase that the Herald was describing was, as the Mayor said, the piece that we're not voting on, which is the referendum-passed Homeland Security Bonds that has a debt service coverage, and the millage has to maintain in line to be able to continue the debt service coverage on those bonds. So what you're voting on today is on the millage that controls the revenues of the City.
Chair Sarnoff: Could you do me a favor? Could you explain to the average taxpayer in laymen's terms why that goes up, what's occurred, and how it occurred?
Mr. Migoya: I will do --
Commissioner Gort: (UNINTELLIGIBLE) also.
Mr. Migoya: -- my best to do that. We borrowed money. The money has a fixed payment. That payment has to be made no matter what. Now our -- the revenue that makes those payments is taxes against properties. Because the assessed values have been dropping on these homes, the only way you can keep that fixed payment being the same is by increasing the millage to maintain that same exact fixed payment. So therefore, this is something that -- well, if the values go up, the millage comes down; and if the values go down, the millage goes up. So it is -- it's a specific dollar amount that has to be done. That money never sees the day -- the light of day. It goes strictly from the tax collections straight to debt service. It has nothing to do with the City whatsoever, so --
Chair Sarnoff: So in 2001, the citizen taxpayers voted -- so they made the decision themselves -- to create the Homeland Security Bond issue, which is about -- I think it was about 250 million --
Mr. Migoya: Correct.
Chair Sarnoff: And do you actually know -- during -- From 2001 to today, the amount that they got assessed went down as property values went up, correct?
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Mr. Migoya: That's correct. So all along -- they've been getting a benefit all along where the values have been going up and the millage has been coming down. That's actually a great example, where they have been coming down as the value's been going up. Now where you're going in the inverse, that millage actually has to go up to -- it's strictly to maintain the same dollar amount and it's not something that you will vote on today, nor do you have any control over because that was a voter referendum -- I'm trying to get -- I'm now getting on the legal side of things. I don't want to do that 'cause I'll get in trouble. But it is a voter referendum that basically passed what this looks like. So what we're talking about here is the millage of the City, which every -- a lot of -- most of the other municipalities have been playing games with and saying they haven't been increasing taxes but doing rollbacks and -- what we're talking about is maintaining the same millage which, in effect, has a $37.3 million decrease in revenues. I want to get through that point first and then I will tell you how we cover that $37.3 million and then some.
Vice Chair Carollo: Mr. Chairman.
Mayor Regalado: And if I may?
Chair Sarnoff: Let me (UNINTELLIGIBLE) the Mayor (UNINTELLIGIBLE).
Mayor Regalado: Just a -- to follow up on the Manager. He's saying a $37 million decrease in revenues for the City of Miami government. We're saying it's a $37 million savings for the taxpayers of the City of Miami, which is the same.
Mr. Migoya: That's correct.
Chair Sarnoff: You're recognized, Mr. Vice Chair.
Vice Chair Carollo: Thank you, Mr. Chairman. I want to ask the Manager, as far as the debt service -- and we'll get to the other parts later -- in essence, is the debt service getting a rollback where the actual resident will pay the exact same amount that they paid last year for the debt service?
Mr. Migoya: They will pay the same exact amount from the time that the debt was issued, which was, I guess, 2001.
Vice Chair Carollo: In essence, isn't that the rollback?
Mr. Migoya: Mirtha has better history than I do, so I'd rather she answer that question.
Mirtha Dziedzic (Director): Mirtha Dziedzic, Budget Department. We did add an additional tranche to the Homeland Defense. The third part was issued in 2009. That is a new principle payment that has to be made. So there's, in essence, an additional $6 million that has to be met this year and that's part of the increase to the millage rate for the debt.
Vice Chair Carollo: So it's a rollback plus the additional --
Ms. Dziedzic: Correct.
Vice Chair Carollo: Okay. And that was voted on by the voters and approved by the voters?
Ms. Dziedzic: Yes. This is the third part of the same issue that was voted on in 2001.
Vice Chair Carollo: Okay. And just to verify, it is the rollback plus the additional bond sale that was approved by the voters?
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Ms. Dziedzic: Correct.
Mr. Migoya: You keep using the technical word “rollback.” It's important to understand here that this is not a rollback.
Commissioner Suarez: Not a roll --
Mr. Migoya: This is the millage to meet the debt service is what this is --
Ms. Dziedzic: Right.
Mr. Migoya: -- which you may want to do some analogies around what that looks like. But at the end of the day, it's millage to adjust it to meet the payment for debt service only.
Ms. Dziedzic: The requirement principle and interest payments and any operating expenses related as well.
Vice Chair Carollo: But, in essence, isn't that called rollback?
Mr. Migoya: No, sir.
Vice Chair Carollo: No? Aren't you, in essence, rolling or increasing the rate for them to pay -- increasing the millage for them to pay the same amount as last year; however, you're increasing it somewhat for the new bond?
Ms. Dziedzic: We have to meet the requirements, whatever minimum that is for principle and interest.
Chair Sarnoff: You're recognized, Mr. Spring.
Larry Spring: Larry Spring, chief financial officer. With regards to the debt millage, it is an assessment to meet the debt service requirement. There is no rollback component in it. So say the debt payment is $25 million. We assess a millage against whatever the taxable value is to come up with $25 million just to make the payment. There's no rollback element associated with -- the operating millage does have the rollback element. So they're two different -- they're --
Vice Chair Carollo: Right.
Mr. Spring: -- defined differently.
Vice Chair Carollo: But I guess what I'm saying is, you will fluctuate the rate to make sure that you're paying the --
Mr. Spring: Correct.
Vice Chair Carollo: -- amount.
Mr. Spring: Correct, right.
Vice Chair Carollo: Which, in essence, they're going to be paying the same amount as last year except for the additional bond --
Mr. Spring: They'll -- well, I'd have to --
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Vice Chair Carollo: -- in the debt service.
Mr. Spring: -- look at the debt service schedule to see if it's even from last year to this year. If it isn't, we're just -- we're increasing it to pay -- make the larger payment. If it isn't, we would reduce it -- you know, if it went down, we would reduce the millage to make the --
Mr. Migoya: Yeah. It's not an exact level payment. It's a principle plus interest type of payment, so it's a variable payment itself, so it's to meet the debt service.
Vice Chair Carollo: It's not a fixed interest is what you're saying. It's variable interest.
Mr. Migoya: Well, I don't know.
Chair Sarnoff: No. It is fixed interest.
Mr. Spring: But the cash flows are varying throughout the maturity of the loan.
Mr. Migoya: As principle drops, interest drops with it.
Chair Sarnoff: Commissioner Gort, you're recognized.
Commissioner Gort: Simple language. This is the same as a variable rate mortgage. If interest rates go down, your payment goes down. Interest rate go up, your payment goes up. As we pay off some of the debts that we have, they'll start coming down.
Commissioner Suarez: Mr. Chairman.
Chair Sarnoff: You're recognized, Commissioner Suarez.
Commissioner Suarez: Thank you. But isn't there also additional debt? You're saying that there's an additional tranche, which means there's -- How much additional debt is there?
Mr. Spring: Oh, the -- we issued the last tranche --
Commissioner Suarez: How much was it?
Mr. Spring: It was fif -- it was another fifty million.
Commissioner Suarez: Right, so --
Mr. Spring: So -- but that was done --
Ms. Dziedzic: In '09.
Mr. Spring: -- yeah, '09, so we're now paying -- we're incorporating that --
Commissioner Suarez: For that additional debt.
Mr. Spring: -- additional principle into the debt service millage.
Commissioner Suarez: And so, theoretically, our rate could have even gone down, but the fact that the voters approved a bond -- a series of bond payments --
Mr. Spring: Correct.
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Commissioner Suarez: -- of bond debt --
Mr. Spring: Right.
Commissioner Suarez: -- which came online -- this last tranche came online this year --
Mr. Spring: Right.
Commissioner Suarez: -- we could actually have reduced our interest rate and still have a higher payment, a higher millage rate for that debt service.
Mr. Spring: Correct, assuming that we did not issue that last tranche.
Commissioner Suarez: Yeah, 'cause --
Mr. Spring: Right.
Chair Sarnoff: All right. Mr. Manager.
Mr. Migoya: So if we're done with that simple discussion around revenue, where we're talking about a $37 million reduction, this is part of what we've been saying all along about the $100 million operating deficit that the City would have. What I'd like for all of you to understand as we vote on this millage is that if we agree to stay at the 7.6 whatever the rest of it is exact number, the only -- we are prepared to meet that reduction -- and I want to -- in the briefings, I've told you, but I'm going to basically give you a brief scenario of what -- of how we're going to be doing that. Part of those reductions are -- we're looking to reduce from operating expenses of the City $84.6 million. That is $33 million in the form of salary reductions and some supplement changes that we are in the process of going through the labor negotiations with the unions and again, all the changes that we're looking to do there are going to be done equally to the nonunion members as well, so it's the entire employee membership. We're also looking at a $14.2 million reduction in health care by changing the plan to be a more balanced plan with deductibles and higher co-pays. So this will be a fair plan, but it will not be the Bugatti plan that we've had up to now. Bugatti is a $3 million car for those that are not car aficionados. So it's more like a BMW (Bavarian Motor Works) instead of a Bugatti. It's still a very good plan but not as good as it was. And last, but not least, we're looking at a $31.3 million pension reduction cost in the year of 2010-11 by what we're proposing is going from a defined benefit plan to a defined contribution plan for all our employees. In addition to that, we're looking to make some changes to the fire college savings -- which is a savings of half a million dollars. In addition to that, we're looking to have a 2 percent attrition of staff over the next five years, which obviously will save us an extra $5 million. All in all, the expense reductions will be $84.7 million to round it off. In addit -- additionally, on the revenue side, we have had many of our departments looking at many ways in which we can actually bring in additional revenues. In doing so, we have identified a total -- as of this point, about $14.2 million in additional revenues to the City, and that includes -- for example, the red-light cameras for $6.6 million, a defeasance to the James L. Knight Center, if we paid that off and with the net of the (UNINTELLIGIBLE) is $300,000; the solid waste fee that we've already voted on, some other commercial charges to solid waste, which are not to the residents; some changes to the marina fees which are already implemented and effective August 1; and then some murals that we're looking to put up in some City properties which will have a significant impact to our bottom line as well. So all in all, we're talking about -- I'm sorry, $16.4 is not -- is the exact amount -- I was on the wrong line -- $16.4 million in revenue enhancements. Now 16.4 and the 84.6, you would say we have balanced our budget. Not so fast, as they would say. One of the problems that we've had when we negotiated previous years with the unions was we agreed to do some things that are not sustainable, such as we agreed not to buy police cars. Our police cars are supposed to change every seven years. So our cars are now getting older and we have to replace 200 cars this
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coming year. We have to replace some of the City cars that we have also deferred from doing. We have IT (Information Technology) costs that we have to do. We have to replace some of the Fire vehicles. Building maintenance, that has also been deferred. And so all in all, capital expenditures, for lack of a better word, is an extra $14.2 million. All in place, even with those extra increases and the reduction expenses, we still have about a $9.6 million deficit. What we are doing right now and -- is -- the Budget Department has been meeting with every department very diligently and I've been personally involved with all the meet -- in those meetings with the bigger departments, and we will finish these tomorrow, hopefully, by 8 p.m. tomorrow night, is that we are looking at ways to further reduce that -- those expenses by that $10 million. And that's -- we've done two scenarios with them. One is a 20 percent reduction, which it means that if you guys take no action when we have to on all the labor costs, we have to have the doomsday scenario, and the other is the 5 percent scenario, which is the one that we're looking at to identify this $10 million, then we will further reduce those $10 million before October 1. So by the time that we go through all the labor negotiations, the budget meetings in which you will approve the actual increases in fees that we're talking about and everything else, that the expense reductions are in line and we're ready to go with October 1. So different from other years, when we start October 1, all the action will have already been taking -- taken and it's not - - we're not waiting on further action either from a revenue or expense standpoint to make the budget work. So what you would vote on in September from a budget perspective will be something that is already in place and not something to come in the future. So again, all I'm saying right now is the Administration is prepared to go with the 7.6 millage. We believe it's the right thing to do for the time being, and I'll add a point around that. And we -- and the way we want to go about doing this is substantially reduce expenses, which we need to do and it's the right thing to do for the moment, slightly increase some of the fees and have enough money in there to be able to keep our capital expenditures to the level that are necessary to keep the City running at its -- at the right levels. Now the reason why we believe it's not a good time to increase revenues and taxes or otherwise is because we're not sure we're at the end of this scenario. We still believe that next year we may have a further reduction in assessed values. We're stating -- we're actually projecting a 5 percent reduction in assessed values and a break-even scenario for the year after that. So that being the case, by doing all of these things, we will -- we still stand to have further deficits in the $20 million range for the year '12 and the year '13, and then we will -- by our approximations, we'll start coming out of this by the year '14. So therefore, that would be the time, if we can't identify a whole lot of additional expenses -- reductions, then we may have to look at perhaps doing some tax increases. What we have seen other cities doing, with the exception of Hialeah, which is the only one that so far has chosen not to increase taxes, all of them have gone, including the County, to a rollback scenario, and the Dade County School Board. If we do a rollback now, which gets us to a 9.1 percent -- Mirtha, is that correct?
Ms. Dziedzic: Eight point seven.
Mr. Migoya: -- 8.7 percent millage, it doesn't give us a lot of reserve for the future. Yes, it gives us an extra $37 million right now, but what happens if next year we have further reductions and we have then now negotiated all the unions at that point in time. So this is the year to reduce expenses and then use our potential tax increases as dry powder for the future when we have no choice but to do so if we do -- have to do it at that point in time. So I think this -- we are prepared to go through the expense reductions if you are and do the right things by maintaining the millage at 7.6. So that's a -- kind of a long-winded way of answering that we are ready to go with the 7.6 if you vote -- choose to do so.
Chair Sarnoff: Commissioner Suarez.
Commissioner Suarez: I just want to clarify for the record that this is a cap -- if we vote on it today, this is a cap, meaning we could, theoretically, reduce further in the future the millage rate. That's one question that I had.
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Mayor Regalado: It is, yes.
Commissioner Suarez: The other thing I wanted to say was I wanted to commend the Administration and the Manager because, you know, they have worked very, very diligent and very, very hard -- and I haven't agreed always with every decision and every kind of policy decision, but I've been pushing them to try to get all those decisions accomplished before the end of the budget year, and I really appreciate you making that effort because we had -- when we got here, we were -- they tried to hamstring us into making certain decisions for poli -- you know, for budgetary things that were done in years prior. So I really appreciate it. And I want everyone to know that this Administration, from what I can see, from my perspective, is doing everything that they can to present a balanced budget. And I'm not always going to agree on every single decision, you know, from here going forward in terms of, you know, philosophy, et cetera, but I have to acknowledge your effort and your fairness in the process because you have tried to raise revenue. I think you have very fair reduction proposals. You know, I may not agree on every single item, but it's worth acknowledging.
Mayor Regalado: Mr. Chairman, if I may.
Chair Sarnoff: Yes, Mr. Mayor. You're recognized.
Mayor Regalado: Commissioner, I want to thank you. And this was our commitment. And you know, one year ago, only two persons in this hall were sitting there and we made decisions in good faith because we were told that this [sic] were the things that were in place. We tried to save departments, like NET (Neighborhood Enhancement Team). We tried to save police officers. I remember that the Chairman and I had to sit there and watch police officer with a T-shirt with a number, “I am number 178, 177.” These were the proposal of the 200 police officers that were to be laid off. And it was a very painful process in the budget. We do not want to subject you, the members of the Commission, or us in the Administration to that process. And then we voted in good faith and then we found by November and December and January and February that the things that were voted on were not implemented, and this is what we're trying to do. I would like also to mention on the revenue side that we are trying to think outside of the box in some revenues, and I would like to point out to the Virginia Key solid waste facility. It has been underutilized for so many years, but yet, now we have the possibility -- it is a reality right now -- of reducing the tipping fees of the City of Miami by a large amount of money by processing trash in Virginia Key. But not only that, we have gone to at least three municipalities that are looking at the possibility of paying us, the City of Miami, to bring the trash to Virginia Key. That is one clean revenue that is -- doesn't have to do anything with the residents of Miami or raising fees or any -- this is money that we're bringing and we're doing the best efforts that we can to bring new revenues to the City. And yes, this millage is like the half-empty/half-full glass. Some people will say -- some headline will say “City loses $37 million.” I believe that the headline should be “Taxpayers win $37 million,” if we do this and if we tighten our belt, if we reduce expenses because we don't know what next year is going to be. And we can be the leader in municipalities doing this. So I just want to thank you for listening to this report.
Chair Sarnoff: Commissioner Dunn.
Commissioner Dunn: Mr. Chairman, I too was one that was concerned by the fact that we have not and will not be raising the millage rate. I know that this is the eighth year -- we have done it for eight years, and this will be the ninth year that we have not raised it. But after meeting with the Manager, I have some assurances that this is perhaps one of the best routes that we can take, and I want to go on record and commend you and the Administration and the Mayor for doing this. And I just will support this with the understanding that the Manager will be allowed to keep the millage rate with the same balance plan, provided we do not place any constraints on him in the future to give him that latitude that he has. And so I just want to say that I've been very
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impressed by trying to balance -- by our efforts to try to balance the budget. I just want to thank you for your efforts 'cause I know it's not easy. You know, when you want to increase services or maintain a level of services but not increase -- and we're probably the only -- one of the only cities that's not doing it. But at the same time, we are in the middle of tough economic times everywhere. So I just want to thank you for your efforts.
Vice Chair Carollo: Mr. Chairman.
Chair Sarnoff: Mr. Vice Chair, you're recognized.
Vice Chair Carollo: Thank you. My first question -- and obviously, I think we're going to have, you know, some discussion and so forth, and I always welcome that and welcome the debate and so forth. But my first question as far as procedure, are we all going to discuss and then open up a public hearing? I want to know, more or less, how we're going to do it. I would like to say that I would like to discuss before we actually make a motion and take a vote on it.
Chair Sarnoff: That's -- then let's use that practice. I got no problem.
Vice Chair Carollo: And as far as public hearing, will it be after we speak, before? How --?
Chair Sarnoff: Let's continue the discussion. Let's let every Commissioner have their preliminary thoughts. We'll go to the public hearing. We'll bring it back, see if we have a motion, and then if you need further discussion on what we heard, we'll discuss a little further. Is that acceptable, gentlemen?
Commissioner Dunn: That's fine.
Chair Sarnoff: Okay.
Commissioner Dunn: That's fine.
Mr. Migoya: I just -- if I may -- can I -- Mr. Chair, do you mind -- through the Chair -- the Vice Chair, if you don't mind, let me add one other point that I didn't -- and then I said something erroneously that I want to make sure I'm correct. The one point that I want to add is in all these reduction of expenses we're talking about, we're not talking about major layoffs. We do not believe in layoffs. We believe that the City -- first of all, downtown -- the Brickell Avenue area, if you believe all the numbers that are looking out there for the DDA (Downtown Development Authority), we're adding like 30 to 50,000 people, so there's more people coming into the City. In addition to that, we're no longer just a daytime commuter city. We're a nighttime commuter city with all the events they're having at night. So for us to lower our police, fire, or solid waste at this point would be a mistake. So we believe that we can get all these reduction done without any service level impact. That's number one. And the mistake I made was we're -- 2011 is the year -- but we're discussing here '10/'11. We would have a deficit for three years of around $25 million a year, not two years. And then it would come out of it in the year -- whatever that -- '12, '13, '14 -- it would be '15 that we would come out of it. But at the end of the -- you know, coming out of 100 million -- $110 million deficit, a $25 million deficit would be easy enough to manage, and we would have -- we have some ideas of additional revenues that could be implemented in some of those years. So I think we're starting to look better, so I just wanted to add those two things. So I apologize for interjecting, but I just wanted to get everything out in the open right now.
Chair Sarnoff: All right. Anyone else want to speak before we open up a public hearing? I want to say just two things, Mr. Manager. I hear this from the general employees. In any way, shape or form, are you exempting unclassified people from reductions?
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Mr. Migoya: No, sir. Actually, we're looking at reductions on all sides. We're actually -- what we're looking from a reduction standpoint is how do we reduce supervisory overheard so what we're impacting -- and it's important to say this. I did say solid waste, police, and fire, and we're including also general employees in that from a --
Chair Sarnoff: So --
Mr. Migoya: -- no mass layoffs. And so not only union employees, but nonunion -- everybody is in the same -- and when we're talking about -- and this is important to understanding -- changes in pension plans, health care and salary reductions, we're treating the union employees equally to the nonunion employees so everybody is being impacted equally.
Chair Sarnoff: But salary reductions, in any way, shape or form, are you treating the nonunion people differently?
Mr. Migoya: No, sir. Everybody's being treated the same.
Chair Sarnoff: So in -- when Commissioner Suarez says this is a fundamentally fair approach, you are taking a fair approach not exempting anyone?
Mr. Migoya: No. Everybody is being treated -- If you -- if there's any bias as to what we're doing here from a salary reduction, the people that get paid higher will have a higher pay cut from a percentage standpoint. So that's the -- so in a sense, we're treating everybody the same across all classes.
Chair Sarnoff: And let me just follow up 'cause a number of accolades have been said about you, and maybe this is better served at the end, but I'm going to say it now. Probably the most important decision the Mayor makes is who to recommend to this Commission for the City Manager. And I've worked with another City Manager, and he's a good man, but to give you a perspective on what kind of a job this City Manager is doing -- He is not a fireman. He's not putting out fires. He is looking into the future and projecting where we will be. I could tell you there is not a city in South Florida that is looking beyond this budget year. And what he is saying to everybody is I believe in year '15 -- (UNINTELLIGIBLE) repeat that, '15, not '012 [sic], not '013 [sic], '014 [sic] -- in year '15, the curve starts to go up; property values have stabilized and they're increasing. And what he's saying he's doing for years '11, '12, and '13, he's buying an insurance policy. He's saying in the event I can't cover the future, I have the ability to go to what the County likes to call the rollback rate or what the Mayor characterizes and correctly does so, the rollup rate 'cause you roll up to get to that rate. And I have yet to see a City Manager, since I've been here, project and project with such -- he was off by 1 percent this year's ad valorems, by 1 percent. You can live with a man that makes a 99 percent correct decision. You could -- and you should pay him a lot of money. We pay him nothing. So --
Mr. Migoya: I'll take an increase of 100 percent.
Chair Sarnoff: There you go. I want to share Commissioner Suarez's sentiment about this Administration. I want to share my thoughts. Mr. Migoya is light years beyond most City Managers. He is probably the person who is going to guide us out of this crisis and do so by making the City of Miami look pretty good in doing so. Yet, each one of us -- and I mean union and nonunion, have two choices to make. Either we give some up or we let some go. It comes down to those two choices; either we give some up or we let some go. And that's philosophically where you are. And it comes down to who you are as a person. Am I self-interested or am I part of a team? Because if you say let some go, you're not part of the team. If you say what's in it for me, that's the first rule of politics that I was taught. It's called WIIFM, What's In It For Me. Everybody that comes in front of a Commissioner, you always ask yourself when you're sitting there, WIIFM. What is he asking for? Because nobody comes to you and says, “Commissioner
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Suarez, you're looking dapper today,” and walks out. There's something else they want. So I want to just close my comments in the forethought of saying my hat's off to you, Mr. Migoya. You've done a fantastic job and you are leading this city in the areas it absolutely needs to be led. You are essentially our fireman because you're putting out a fire that's three years in front of us, so thank you. All right, let's open up a public hearing.
Vice Chair Carollo: I'll speak afterwards.
Chair Sarnoff: Okay. Let's -- do you want to speak? Let's open up a public hearing. Mr. Cruz, you're recognized for the record.
Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street. And I've been a resident of the City of Miami since 1962. But I got two words here that came to my mind while I was sitting here, lean and mean. The City have to become lean and mean about the expenses (UNINTELLIGIBLE) because everybody have a budget. I've been employer and employee, and everybody has a budget. I used to have -- no, be a good supervisor (UNINTELLIGIBLE) in (UNINTELLIGIBLE) 20, $30,000 a year. Then there was a problem of cash flow in the company; everybody was laid off, from twenty-some thousand to ten thousand. And we still -- we had to cut the expenses. The money was not coming in. You got to balance your -- and that's economy 101. You got the hundred million coming in, you cannot spend 200 million. That's economy 101. Whether you (UNINTELLIGIBLE) from the Walton College or from Harvard Business -- whatever. It's basic. The City -- I am to keep the millage rate, okay, the way it is, okay. I own -- I don't -- maybe I don't pay taxes on my homestead, but I am with my daughter in business in duplex next to me and we pay City taxes. We pay three solid waste fee that will be increasing. We'll be paying $90 more, 30 cents [sic] more per household. I don't mind because just this morning my garbage and recycle, at 8:30 they were already picked up. They really do a good service there, the service there. And no other city got that. No other city -- and you -- they always -- they pay more for the service, where they should go maybe to trash once a month or something like that, save some money there. And like I say, I don't use trash. I don't put it there because I -- when I cut the grass, mulch and compost.
Chair Sarnoff: And in conclusion.
Mr. Cruz: What does it mean, in conclusion?
Chair Sarnoff: It means what are your final thoughts in less than ten seconds.
Mr. Cruz: Well, the (UNINTELLIGIBLE) is keep the millage rate the way it is. No rollback, no anything. People are hurting. Because none of these people here in the ivory tower, like I say, in the MRC (Miami Riverside Center), looking at the boats in the river, they don't know how the people live in the neighborhood, you know, but I know how the people live in the neighborhoods.
Chair Sarnoff: Thank you. You're recognized for --
Priscilla A. Thompson (City Clerk): Mr. Chair -- excuse me, Chair, if I might. We need to remind individuals that if they are going to be speaking on items, they must sign in with us, please.
Chair Sarnoff: Everybody understand --
Grady Muhammad: Yes.
Chair Sarnoff: -- if you wish to speak on RE.9, you need to sign in. RE.9.
Ms. Thompson: On any --
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Mr. Muhammad: Any.
Ms. Thompson: -- of our public hearings.
Chair Sarnoff: Any public -- anything you're going to speak on today, please sign up and go see the City Clerk.
Ms. Thompson: Thank you.
Mr. Muhammad: Thank you, Madam Clerk.
Chair Sarnoff: She's offering a lollipop. She's got some cough drop --
Ms. Thompson: Thank you.
Chair Sarnoff: -- she's got some -- all right.
Mr. Muhammad: Thank you, Madam Clerk.
Chair Sarnoff: You're recognized --
Mr. Muhammad: Mr. Chairman --
Chair Sarnoff: -- for --
Mr. Muhammad: -- Grady Muhammad, board members [sic]. We have a wonderful City Manager. You know what my definition of public service is? Those who serve the public and not themselves. Politicians serves [sic] themselves and not the public. We have the most best public servants, and you all is [sic] the best public servants that we have because you all are showing the leadership, the fortitude, the courage, the audacity, the gumption to be able to make the tough decisions that has [sic] to be made. Let's watch the fees. You know, Tallahassee, they just increased fees. They said, well, we didn't raise taxes. Same thing. We have to watch that because people are still hurting. We have to find a balance. We have to find compromise. In our unions, we must find a compromise, because if not, you going to have Broward County, 513 teachers laid off, unlike Miami-Dade County School Board and our superintendent, Mr. Carvalho, none laid off. Why? Because of the tough decisions, because everybody has to sacrifice. It's a shared sacrifice. Everyone must do the right thing and especially our unions. They must understand, if they do not do the right thing, lots of people will lose their jobs and we cannot afford the loss of jobs anywhere in the City of Miami, but everybody's got to have a shared sacrifice. We can't have our pension that's going to bankrupt our city, then everybody's going -- everyone is going to be out of a job. We cannot afford that to happen. So unions, please continue to work with the Administration. Mr. Manager, keep doing a wonderful job. Madam Attorney, keep doing the same thing. Thank you, Mr. Chair.
Chair Sarnoff: Thank you. Anyone else wishing to be heard on RE.9, please step up. Hearing none, seeing none, comes back to the City Commission. The Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. First of all, I'd like to say that I echo the sentiments of my colleagues. I think the Manager knows that, you know, I think a lot of him and the truth of the matter is you have been a breath of fresh air. So I appreciate, you know, our working relationship, you and the staff. At the same time, I want to, like I said, discuss this a little further, get into more details with regards to the millage. As you all have seen from my previous actions, I have voted consistently against any tax increase. As a matter of fact, when Commissioner Suarez mentioned when we first came to the dais how, in second reading, the Administration wanted us to vote for something that the previous Administration had passed and
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we both voted against it. As a matter of fact, most recently, I even voted against the cap on the garbage fee. And I truly believe that people just cannot pay more. However, at the same time, when I start analyzing a little closer, I start realizing the following: Who will see a tax reduction even, even if we raise the millage just below the rollback rate? And I'll tell you who will see a tax reduction. Recent homebuyers. And what's a recent homebuyers? It depends who you ask. Some people say buyers from 2004 on down, some people say 2005, but -- and as a caveat, I do want to say that I'm speaking in general terms because I don't want one case or one unique case to say, oh, no, but this person and so forth, this property owner and so forth. So I'm talking in general terms. But in general terms, even if we increase the millage rate right below the rollback rate, recent homebuyers will see a tax reduction. Who else will see a tax reduction? Non-homestead properties. So, once again, even if we increase the millage rate right below the rollback rate, non-homestead properties will also see a tax reduction. Commercial properties, they will also see a tax reduction, and properties with extreme steep decline. So all these properties will see a tax reduction, even if we increase the millage right below the rollback rate. Let's talk about who will not see a tax reduction, who will see a tax increase. And I need to point out -- and this is important -- even if we keep the millage the same rate, these people, these property owners will receive a tax increase, and again, I need to say that clearly. Even if we keep the same tax rate, the same millage rate of -7.674, even if we keep that same rate, there will be property owners that will have a tax increase. The only way -- and I'm speaking in general terms -- for everybody to be able to say the City of Miami did reduce property taxes across-the-board for everybody is if we actually reduce our millage by 2.7 percent. So if we keep the millage at the same rate, I am telling you right now, there are property owners that will receive a tax increase. And who are these property owners? These are the property owners that have been -- had a homestead and under Save Our Homes have had their assessed value capped at a maximum of 3 percent for over the years. This is something that's somewhat -- I wouldn't say it's difficult to explain, but a lot of people don't understand this. And I'm going to try my best to explain it. For example, if a property owner that has homestead for a few years and have Save Our Homes, if their property value, their market value actually -- if their market value was a hundred last year and had an assessed value of sixty, so they had a tax savings, more or less, or at least they have a difference of forty. Again, their market value is a hundred, their assessed value is sixty, so there's a difference of forty, and that's where they get a tax reduction. This year, property taxes go down. So instead of a hundred, they're at eighty. However, their assessed value is at sixty. In order to increase that assessed value, then they raise -- and a maximum this year will be 2.7 percent. So that's why even if we keep the same millage rate, there will be some property owners that will have a tax increase. Now, out of approximately 127,450 parcels of real estate, the individuals that I'm speaking about that will have a property tax increase are only approximately 22,700. Let me repeat that. Out of 127,450, give or take, there are only 22,700 that are in this category. And do you know what the average tax increase would be? The average tax increase for these people would actually be less than the cap or the additional that we put on the garbage fee. We voted for a garbage fee increase of $30. Well, this group of people, or property owners, will have an average tax increase of approximately 23 to $29. What I am saying with this -- and by the way, that 23 to $29 increase is an average. In other words, out of those 22,000 people, there's going to be about 470 properties that are only going to have one-dollar increase. There's about 471 properties that will have a $2 increase. There's about 525 properties that will have a $3 increase, so the actual average -- and then there's some that'll have a thousand dollar increase, but then again, that property owner, it has a market value of $10 million and has an assessed value of $7 million, and that's why he'll be paying -- or that property owner will be paying more taxes. I guess what I'm saying is that I'm hearing the news saying, oh, they're raising property taxes or they're not or so forth. And even today, I see that by keeping the millage the same, we are not raising property taxes, but that's not really the case. And I think we really need to analyze the numbers and see who's really having a tax increase and who is not. If we increase our millage just a little bit so that instead of 23 or $29, it goes up to 30, $35 increase, the truth of the matter is we'll be raising way more money than that garbage fee increase. At the same time, the same amount of people, which were the recent homebuyers, non-homestead properties, commercial properties and properties with
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extreme steep decline will continue to have a tax reduction. For many years, especially during the boom years, I remember elected officials that would lower the millage and then say -- go out there and say we lowered taxes. And I remember that many constituents, residents, the average homeowner would say what are they talking about. They say they lowered taxes, yet I'm paying more. Well, the truth of the matter is this could be the opposite. If we are actually educated about this, we can see that we could actually reduce taxes for the great majority of property owners and at the same time put the City in a good and a better financial position. With that said, I have a question. If we raise the millage today, is there any fallback, other than the Miami Herald or someone putting out a story for the perception oh, the City raised taxes or so forth, which, you know, I'll be gladly [sic] to debate because I could show the numbers of who actually will get increases and who would not. Is there any backdraw [sic] for raising the millage because in all --? In essence, we're not even raising the taxes. We still have September 14 and the 27th to debate this and really see where we're at. As a matter of fact, even the budget, which -- Mr. Manager, again, I think we've all commended you. You've done a great job. -- we're still showing approximately $10 million where we're not really sure where we're going to get it from. I know you're speaking to departments and so forth. But I mean, is there any drawback?
Mr. Migoya: Sir, that's a political question. I don't think I can answer that one. If you give me a financial question, I'll be happy to answer it. Maybe the Mayor could answer it for you.
Mayor Regalado: Thank you, Mr. Chairman. Well, the answer is tomorrow I will veto that resolution, and then on the 29th, we have a special session of the Commission that the Commission will be able to override the veto. We do have to send the trim by August 1. If no action -- August 4, I'm sorry.
Vice Chair Carollo: Fourth.
Mayor Regalado: -- is taken, then the County will do the rollback to -- in the trim. So -- and that will be the cap to -- for the budget process. That would really -- it would really mean that the City did raise the taxes, so the answer is yes. I will veto it.
Vice Chair Carollo: Mr. Chairman.
Chair Sarnoff: You continue to be recognized.
Vice Chair Carollo: Thank you. When I'm saying as far as drawback, I'm not saying as far as a veto. I'm saying is there any financial drawback from raising the millage and then in September discussing it. And listen, I've had a history here. I always go -- I always say actions speak louder than the words, and I have a history here of always voting against tax increases, so I'm not saying that I'm going to be voting for tax increases. However, I may have some concerns, some difficulties in why we are tying our hands, especially when -- even in our budget, we're showing that we still have a potential deficit, and that's with all the expenses reduction of $10 million or almost $10 million. So I'm just asking why are we tying our hands when, like I said, realistically, there's about 20,000 people or property owners -- and I'll give you the exact number -- 22,722 that would actually see any type of increase. And if you see the increase, it's actually minor. I mean, I remember that we increased the garbage fee, which I voted against, because it was a minor increase. Well, that would only generate, from what we saw, 1.7, close to $2 million. This other way with the millage would actually be an increase, more or less the same. However, since there are so many more property owners, it would generate a lot more revenues, and again, realistically, the increase would be minor. So I'm just throwing it out there. And the reason why is because the only issue I have with this is why are we tying our hands. And I'd like to hear from my colleagues.
Chair Sarnoff: Commissioner Suarez, you're recognized for the record.
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Commissioner Suarez: Thank you, Mr. Chairman. And Mr. Chairman, I would ask -- I would respectfully request if I could have some latitude from a time perspective because I have a couple of questions and some comments?
Chair Sarnoff: You don't want me to limit you to two minutes?
Commissioner Suarez: No.
Chair Sarnoff: Go ahead.
Commissioner Suarez: Oh, goodness. I have a lot of thoughts and questions on some of the things that have been said. One of my questions is -- and it's a question for the Administration -- during the times that we were lowering the millage rate over the last, I don't know, the -- Commissioner Dunn had alluded to a time where we were lowering the millage rate for a certain period of time, for a certain number of years. In those years that we were lowering the millage rate, did we lower salaries during those years or did we increase salaries during those years?
Ms. Dziedzic: The only year that we've lowered salaries was last year for the nonunion members and some of the agreements that were agreed upon with the unions. But we have not reduced salaries, except for last fiscal year --
Commissioner Suarez: So --
Ms Dziedzic: -- this current fiscal year.
Commissioner Suarez: -- we lowered the millage but we didn't reduce salaries?
Ms. Dziedzic: No, sir.
Commissioner Suarez: And other than last year, have we ever in the City of Miami's history reduced salaries?
Ms. Dziedzic: Not that I'm aware of.
Commissioner Suarez: Not that you're aware of? Okay. I'm just curious. I -- actually, I appreciate the Vice Chairman's sentiments, particularly some of the numbers that he shared with us, because it kind of dovetails into what I wanted to talk about, which is that although I'm supportive of this cap here today, the Vice Chairman made a -- what I thought was a very good point, that for there to be a significant tax decrease, we would have to lower the millage by 2.7 percent. And I'm going to be pushing the Administration -- and I don't mean to put any more stress on you -- to lower it 3.7 percent, which is the difference between what our, you know, taxpayers are ultimately paying as a result of the increased debt service. That certainly isn't our fault, and I know that it may not be something that we're able to accomplish. We already have to find $9 million. We would have to find another $9.25 million in addition to that. So it's not going to be easy, but it's something that I'm going to work with the City Manager and continue to push for. You know, I'm not sure either when was the last time, and if it's happened in our history, that property have values declined. Is there --? Do you remember a time or can anybody state a time where property values in the City of Miami have declined?
Ms. Dziedzic: We don't have any records of the property declining.
Commissioner Suarez: Have -- does -- there anyone in this chamber or in this City that has a doubt that based on what we've seen in the last few weeks, our property values are going to increase in the near future?
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Ms. Dziedzic: We're expecting another year.
Commissioner Suarez: How much time?
Unidentified Speaker: (UNINTELLIGIBLE).
Commissioner Suarez: Okay. But his -- but we've never had property tax decreases in our history, as far as you guys know, in the hundred-year history of the City of Miami.
Mr. Spring: If you will, Mr. Chairman. In -- I've actually -- we've -- I have these records. In at least 40 years, we've not had a tax base decline.
Commissioner Suarez: Okay. For a commercial property owner, someone who owns a dry cleaning business, someone who owns a small medical office, will -- if we held the millage constant as is being proposed today, given the fact there's a 15.5 percent decrease in property values, will that or will that not result in a 15.5 percent decrease in their tax bill?
Ms. Dziedzic: On average.
Commissioner Suarez: Okay.
Ms. Dziedzic: Some may be more; some may be less, but on average, yes.
Commissioner Suarez: Just wanted to -- so there will be -- for commercial property owners, they will see significant tax relief?
Ms. Dziedzic: They should, yes.
Commissioner Suarez: Do you know if the property appraiser of Miami-Dade County includes in his assessment of values foreclosure or short sales?
Ms. Dziedzic: I'm not sure.
Commissioner Suarez: Mr. Manager, I think you have the answer.
Mr. Migoya: He doesn't. He's already stated that he does not.
Commissioner Suarez: Right. Does the Broward County property appraiser include foreclosures and short sales in their property assessments?
Chair Sarnoff: Yes.
Commissioner Suarez: Yes. And what is the decrease this year in Broward County's value versus Dade County's value? I believe it's like an additional 10 percent --
Ms. Dziedzic: It's in the 20s.
Commissioner Suarez: -- if I'm not mistaken.
Ms. Dziedzic: Twenty --
Commissioner Suarez: And I believe that the last time I heard a statistic on it, somewhere between 50 and 60 percent of all sales in Miami-Dade County are short sales and foreclosures. So, in essence, we are tremendously benefitting from the fact that our property appraiser doesn't include those sales or benefitting -- or if you're a taxpayer, not benefitting from the fact that our
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property appraiser doesn't include those sales in our tax assessment. So we're, in essence, paying 10 percent more in taxes probably than what we should be, if you were to include the vast majority of sales in this county. So, from my perspective, as I said before, I really admire the Administration's efforts to do everything they can to be fair and balanced in terms of raising revenue and the cuts that they've proposed. From my perspective, I'm going to continue to push the Administration, and as I have in the meetings that I've had with the Manager -- and I could say that the Manager and I have had lively discussions on fees. We've had lively discussions on things, and sometimes he's, you know -- he has convinced me of his position and sometimes, you know, I think I've made some progress with him on mine, you know. And as the Chairman stated, I'm a team player here, I'm one of five. It's not my role or job to set the policy of the Administration, to set the budget. But my duty, I feel, is, as an advocate for my residents, to push and push and push and push and push to the maximum extent possible, and that's what I'm going to continue to do. So I'm fairly confident that the Manager will get us to zero and once he gets us to zero, I'm going to ask him to get us a little further. So that's what I'm going to be pushing for because that will, I think, bring about real, more significant tax reductions than what we're seeing here because I think these reductions are significant. You know, it's -- those that are under Save Our Homes that haven't had-- you know, that have -- whose property values haven't kind of caught up with the rest of the other property values, there's no simple solution for that. I mean, the only solution for that would be to freeze our tax base and let them catch up over a 30-, 40-year period, you know, and that would be a drastic -- an incredibly drastic proposal for anyone, you know. And I don't think anybody would want to see something like that. But that would really be the only solution to have pure fairness in that, you know. Freeze our -- continue to, you know, reduce and reduce and reduce until they catch up with us. So I move this item along, and that's pretty much all I have to say about it.
Chair Sarnoff: Thank you. Commissioner Dunn and then Commissioner Gort.
Commissioner Dunn: Yes. Thank you, Mr. Chairman. I wanted to ask my colleague, Vice Chairman Carollo, just for clarification. I heard -- what were you proposing to raise it to, and what would it yield? I didn't hear that clearly. I apologize to you. Just -- I know -- what were your thoughts on that?
Vice Chair Carollo: Mr. Chairman.
Chair Sarnoff: You're recognized.
Vice Chair Carollo: Thank you. I don't have an amount as far as raising. I was just giving what I would say was facts that I'm pretty comfortable with. If we would raise the millage to any amount under the rollback rate, once again, recent homebuyers will see a tax reduction, non-homesteaded properties will see a tax reduction; commercial properties will see a tax reduction, and properties with extreme deep declines will see a tax reduction. However, the only properties that will not see a tax reduction are the properties that have Save Our Homes from many, many years, and it's approximately 22,700. Even if we keep the same tax rate, these people will still pay higher taxes because over the years, they've been getting a tax savings that the rest of these properties have not. And what's happening is that their assessed value is catching up to their market value. Even though the market value has gone down, has been reduced, their assessed value is still so low that it still hasn't caught up to the market value.
Commissioner Dunn: So --
Vice Chair Carollo: So what I was saying is anything above -- I'm sorry, anything below the rollback rate, these people would receive tax reductions, and I stated who will not receive tax reductions and the amount. The -- realistically, we voted for our garbage fee of an increase of $30.
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Commissioner Dunn: Well -- Mr. Chair, if I may.
Vice Chair Carollo: You're recognized, Commissioner Dunn.
Commissioner Dunn: Not to increase it, but to have the latitude to increase up to 30. So we have not voted for that amount as of yet, if I'm not mis --
Vice Chair Carollo: Exactly.
Commissioner Dunn: So we have the flexibility or the latitude to do that.
Vice Chair Carollo: Well -- and that's what I'm also saying.
Commissioner Dunn: No. I'm hearing you. I'm --
Vice Chair Carollo: That's what I'm also saying. Listen, again, I will say -- you know, I've always said that actions speak louder than words. You've seen my history here. I'm always voting against any tax increase. So should we vote for the millage, a higher millage or so forth, the bottom line is we are not saying that's going to be the millage. That's just going to give us flexibility in September to have all of our options available to us.
Commissioner Dunn: Mr. Chairman.
Chair Sarnoff: You're recognized, Commissioner Dunn.
Commissioner Dunn: I want to ask the Manager basically, do you concur with the Vice Chairman in terms of this action; if we maintain the millage rate, it is really, from what I'm hearing, non-consequential to the taxpayers -- homeowners?
Mr. Migoya: Every 25 basis points. I'm in that 19 percent, 22,000. But the other --
Vice Chair Carollo: Right.
Mr. Migoya: I'm also the exception. A lot of the people that are in --
Vice Chair Carollo: So is the Chairman, so is the Mayor, so is most of us.
Mr. Migoya: Yeah. There is a lot -- there's a lot of very poor people that are in that -- also in that piece that can't really afford extra -- that extra $22 as well. So from that perspective, you know, I'm not going to make the political -- you guys make the political decisions; I won't do that. What I hear the Vice Chairman saying, he wants to -- at least us have the latitude. I will tell you, the latitude -- every 25 basis points provides six and a half million dollars in revenue. So if that's what you wanted to look at. The only thing I will caution you with that -- there's two cautions I would have. One is that any increase that we would do this year would preclude us from reserve for future years should we have bad years and we need to do increases at that point in time. That's number one. The second caution is more politically -- and I've always kept myself from doing this -- you better have four-fifths vote 'cause it ain't going to pass.
Chair Sarnoff: And we better have the time to call that meeting.
Mr. Migoya: Right.
Vice Chair Carollo: Mr. Chairman.
Chair Sarnoff: You're recognized.
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Vice Chair Carollo: And by the way, me saying this by no means does it mean that I don't think we should slash the expenses,okay. I am definitely not saying that, especially with regards to salaries and so forth. I am definitely not saying that. The only thing I'm saying is why are we tying our hands? Why don't we have all our options available in September? For instance, Mr. Manager, do we have a plan in case the lawsuit filed against the City of Miami with regards to one of the unions prevails where we cannot renegotiate with them because they have a contract? Do we have a plan for that?
Mr. Migoya: Yes, sir, we do.
Vice Chair Carollo: Okay. I have not seen it.
Mr. Migoya: Yes, you have.
Vice Chair Carollo: Well, I have -- if -- okay, you're telling me I have. I'm telling you I haven't. But the bottom line is, I don't know what we would do if we cannot negotiate and reduce the expenses from the fire union because --
Mr. Migoya: If we don't negotiate, the only other way to go about it is -- which I've said here at previous meetings -- we would lay off, and that would be how we would get to the reduction of expenses. So you -- we do have action; we could reduce staff.
Vice Chair Carollo: So what you're saying is that the only plan we have is just to go for layoffs?
Mr. Migoya: If we can't reduce their compensation, then we have to reduce the level of staff.
Vice Chair Carollo: And don't you think that given the information that I've provided, the information that's out there that's public record and so forth, that we shouldn't tie our hands just in case that may happen, instead of laying off I don't know how many firefighters or other employees? You know, why are we tying our hands already?
Mr. Migoya: I'm not saying tie our hands. Maybe I'm looking at this differently because the way I look at this, I have a direction in my mind on how to go about this. My direction is I have a way of doing this with no layoffs, which, by the way, not every employee in the City agrees with. Somebody's been around for 15, 20 years says do layoffs 'cause what they're looking at is the most -- the least tenured people are getting laid off and that's hurting our future career development, which is not the way I look at it. I want to be able to keep everybody on board and not do the layoffs so we have the tenure -- you know, the overall tenured people, as well as the younger people on board and so forth. But to your point is I think for any increases that we will go this year, I would use a different handcuff approach. I think we were handcuffing ourselves from any reserve for future years, which I think we're going to need them. And what every municipality is doing in this town, including the County, is they're handcuffing themselves from potentially bad years in the future.
Vice Chair Carollo: Well, not necessarily so because September is their final decision. They just have the latitude until September to make that decision.
Mr. Migoya: That's -- you're right. I'm making the assumption that they would actually pass the increases. I --
Vice Chair Carollo: Right.
Mr. Migoya: And you asked me was, you know, what would be the fault of us increasing our taxes. That's different than the cap. The cap doesn't do anything --
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Vice Chair Carollo: Right.
Mr. Migoya: -- except we have more scenarios to talk about. The only reason I said that you'd better have four votes is 'cause we know -- or my boss has been sitting with that bat number -- a size 42 saying, you know, you better have four votes 'cause I will veto it.
Vice Chair Carollo: Right. And again, no, I'm not saying as far as increase of taxes. I'm saying as far as the cap. Realistically, we actually lose -- we do not lose anything by raising the millage and in September then bringing it down or voting it down.
Mr. Migoya: Okay.
Commissioner Dunn: Mr. Chair.
Chair Sarnoff: All right.
Mayor Regalado: If I may.
Chair Sarnoff: Commissioner Dunn, then Commissioner Gort again.
Commissioner Dunn: I wanted to raise a question to the Mayor. Would you have any objection just to a cap, us having the flexibility and latitude and with respect to what you're trying to achieve, we know in terms of not raising the millage rate? That may very well be the decision. But I do kind of feel some compulsion in the argument that my colleague brings, that it may be that we do raise it slightly and it's non-consequential to the majority of our citizens. Would you have any objection to that?
Mayor Regalado: Yes, absolutely. And the reason is, you know, I have been voting in budget for 14 years here. I have been following other governmental bodies. And what you saw in Miami-Dade County the other day wasn't about flexibility. It was about the budget, that it will be approved. They have seven votes to get a rollback from the property tax. They have seven votes to approve the budget of Mayor Alvarez. It is -- history repeats itself. It never changes. There has not been a year in a budget process, in any government, where the millage has been raised and then during the budget process brought down, never, ever. So it gives you the comfort of not anguishing about layoff and about reducing salaries, making very hard decisions. And I understand that the unions want to see gestures from the Administration, but we are doing that. We're committed to no layoffs. We're committed to getting new revenues, thinking outside of the box with something that would not affect the unions or the employees or the residents of the City of Miami. But if we do raise today one single penny of property taxes, that would be a mixed signal that we are sending. We need to send a message that we do have a plan to reduce expenses, not to hurt the residents. And mind you, if we are giving a break to commercial properties, that will bring progress to the City of Miami, that will bring a lot of money. There are hundreds and hundreds of local empty places in commercial property in downtown Miami, in Southwest 8th Street, and everywhere, even in Coral Way, which is a booming area, and downtown, not to say how many on Southwest 1st Street. I counted seven in one block. If we can send a message to the business community that we're welcoming them back with a lower property taxes that could produce in lower rentals, we will be making more money. Reducing taxes gives the possibility for governments to get more revenues in the near future. That has been the case throughout the United States many times. So I'm sorry for a long answer, but yes, I will have a problem.
Chair Sarnoff: Commissioner Gort.
Commissioner Gort: We have to face this. When I decided to run in January, I know I was
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going to get into a hot potato. I didn't think it was going to be as hot as it is right now. We do have a financial crisis. We need to understand we're in a terrible crisis, but we made a commitment -- at least I know we all did to our voters -- that we are going to try to fix this so this problem will never happen again in the future. My understanding is -- and I can see Administration's working to a five-year plan, like you stated before. I've never seen a City Manager working towards that goal, and that should be our goal. And I know my vote today is going to make a lot of my friends upset at me and I'm facing them right now and I know they're going to be very mad at me, but we have certain responsibilities. We knew we were going to have to make some hard decisions and this is the time to do it. I don't think we should allow any flexibility. I think we talked and we've talked and we talked about reducing the cost of the City. One of the things we talked about -- the -- my understanding is, and correct me if I'm wrong, 82 percent of our taxes, of our revenues, goes toward the employees. This is something that does not happen -- and if I'm wrong, please correct me, but that's the --
Mr. Migoya: It's 91 percent of the compensation goes to employees -- of the revenues of the City.
Commissioner Gort: Ninety-one percent of our budget goes --? Okay. So, you know, this is something they really have to do. And I'm sorry if some of my friends are going to get upset at me, but this is something -- a decision we have to take, and I will support the Administration on this.
Chair Sarnoff: You know, we're all going to get a property tax bill that's going to look like this, a little bigger. It's going to have some red ink on it. In that bill is not just the City of Miami. We'll make up 31 percent of it, I think.
Commissioner Gort: Yeah.
Chair Sarnoff: The School Board will make up another 33 percent, and the County makes up --
Commissioner Gort: More than that.
Chair Sarnoff: Is it --?
Vice Chair Carollo: No. More than that.
Commissioner Gort: The School Board is more than that.
Vice Chair Carollo: The School Board is the biggest.
Chair Sarnoff: Okay. But the other two entities on that bill, the School Board and the County, have both done what I call -- only a lawyer could have written this. The rollback rate. Sounds like you're getting a rebate, doesn't it? I always thought -- you know, I remember that -- what is it, the Wal-Mart guy? We're rolling back our prices. Well, they're not rolling back their prices. They're rolling up their prices. So let's not kid ourselves. When you get this bill, regardless of what this City of Miami does, you're going to pay more taxes. Like the Mayor, I researched each time any of those entities have ever voted themselves “flexibility.” Once they voted themselves flexibility, what they actually did was lock their shoes into concrete and came time for the budget, there they were. That's our budget, and there you have it. So when the Vice Chair says 22,000 property owners will get a tax decrease, I can just about guarantee you everyone across-the-board will get a tax increase as a result of the School Board, as a result of the County, and as a result, unfortunately, of a 2001 vote by the citizens that bound our hands and is going to increase our mill rate to pay that portion 47 percent. Doesn't change. Nothing we can do about it. So to turn around and say it's really not a tax increase -- the bottom line to you and me is when we get our taxes, we pay that bill. Call it what you want. Goes to the County, goes
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to the School Board, goes to the City. It's -- there's going to be a tax increase. What we don't need to be -- and the Mayor is right on this -- another straw on the camel's back. And whether you think small businesses or homeowners deserve a tax increase or a tax decrease, I happen to believe the best way to get the economy moving -- and folks, economies are not based on employees that pay their taxes. That is a misnomer of some people. They think that that's the best use of stimulus money is put it into a city or a county or state budget and those folks will somehow get it to the employees and that's a great economy. It's just the opposite. The way you have a great economy is you have people who can pay their taxes. So if you're going to do stim money, stimulate the private sector. The best stimulus for the private sector is to give them a tax reason, give them money back. That person will say 2, $300, some of them 2, $3,000, I might -- that might be the threshold amount to throw them over to hire that next employee. You know, as I said before, Mickey Harrison gave us a stimulus package that even Barack Obama couldn't give us. He gave us LeBron James, Bosch, and Wade, and that is the biggest stimulus package you're going to see in downtown Miami in -- I'm not going to coin his phrase -- Commissioner Suarez says I believe this begins the start of the golden era of Miami. I think he's right. And I think by December 2010, you will not be able to buy a condominium on Biscayne Boulevard. I believe they'll all be sold. So I just don't see -- number one, the Mayor has said it very clearly. You're not going to get a four-fifths vote. You're not going to give yourself the ability to override. And I think it's time that we really take a hard-and-fast look as what do people earn in government. What do they earn in government? We know what the feds make. We know what the citizens -- the City of Miami employees make. How can you put that burden on people who earn -- what is our average salary, City of Miami? I think it's 31 or $32,000 a year. And I think I might be a thousand or two higher, right. County, I think it's 44 or $45,000 a year. And I know that some people have said second homeownership is the way to do it. But I want to close by saying this. Think about every service -- and this is my accolades to the City employees 'cause they do a great, great job. You run the City of Miami, unlike the city of New York, unlike the city of Newark, unlike Philadelphia, you run it without any kind of commuter surcharge or tax. You do it when the streets of downtown swell to one million people. The City of Miami has 360,000 people. Maybe we have 410, maybe we're to 420. One million people come downtown. They say the way we make that up is through the parking surcharge. Well, not really. You pick up some of it through a parking surcharge. Then you place -- 80 percent of every person who gets arrested in Dade County gets put right in your district and every 2 o'clock the next day they get let out and you can see the broken windows as they walk home or wherever it is they're going. And that burden is placed directly on the City of Miami. Eighty percent of everyone who gets arrested whether it's north, south, east or west, on 12th Street, there they go. Then homelessness. Everybody's homeless comes to downtown Miami. When is the last time you guys saw a shelter on Miami Beach? They don't have them. They pay to keep them in the City of Miami. So think about what you do, the services your provide based on the tax base that we have. We do an amazing job. With that, let's call the question.
Vice Chair Carollo: Mr. Chairman.
Chair Sarnoff: Mr. Vice Chair, you're recognized.
Vice Chair Carollo: Thank you. And I appreciate it, and like I said, I knew there was going to be quite a bit of discussion. And you know, I appreciate that you've (UNINTELLIGIBLE) latitude that, you know, we all could speak our mind and so forth. And one thing I do want to, you know, mention again. If we vote for keeping the rate, the same people are going to get a tax reduction that would have if we raised the millage somewhat. And the same people that are paying taxes under the -- this millage rate will be paying taxes with an increase. The only difference is how much. With that said, I actually, you know, truly enjoy the debate and the discussions. I really do. And whether I do it in September or I do it now, I mean, the truth of the matter is, you know, I think I will be with the will of this Commission and, you know, go with the same tax rate and go for the ride because it's going to be tough come a few months from now with the expenses and -- but you know what, like I said, the Manager is a breath of fresh air and
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let's go forward.
Chair Sarnoff: All right. Do we have a motion on RE.9?
Commissioner Dunn: So --
Chair Sarnoff: We have a motion by Commissioner Dunn. We have a second by Commissioner - -
Vice Chair Carollo: He originally --
Commissioner Suarez: I moved it --
Chair Sarnoff: Oh, you did?
Commissioner Suarez: -- about --
Ms. Thompson: No, no.
Commissioner Suarez: -- ten minutes ago, yeah.
Commissioner Dunn: Oh, second.
Commissioner Suarez: Yeah. There you go.
Chair Sarnoff: Was there a motion? I don't remember doing a motion.
Ms. Thompson: I did not record a formal mover.
Chair Sarnoff: I don't think we did --
Commissioner Suarez: When I finished my long soliloquy, I said I move this item.
Ms. Thompson: I'm ready to move this item.
Commissioner Suarez: No, no. I said I move this item.
Chair Sarnoff: Well, let's do it.
Commissioner Dunn: He can -- I'll yield.
Chair Sarnoff: Let's give him the opportunity. Commissioner Suarez, you have a motion to make.
Commissioner Dunn: Second.
Commissioner Suarez: I move this item for discussion.
Chair Sarnoff: You want to discuss?
Commissioner Suarez: I want to say something, yes, please.
Chair Sarnoff: I'm going to limit you to 30 seconds.
Vice Chair Carollo: No.
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Commissioner Suarez: That's fine.
Chair Sarnoff: Okay, go ahead.
Commissioner Suarez: I think I can handle that. I just want to make a general comment, something -- a few things that were left unsaid. And it's not directly about the City of Miami. It's about the nature of the times that we're in right now, okay. We have -- we're in historically bad times. We have close to 13 percent unemployment in this region, reported unemployment. We have unreported unemployment that we, of course, don't know how large it is. We have people in the private sector who have lost -- over the last years, those who are small business owners -- 50 to 60 percent of their salaries in the last two or three years, okay. We have unemployment benefits potentially running out on people in the next month or so. I'm not sure if Congress has extended them.
Chair Sarnoff: Yeah, they did.
Commissioner Suarez: Okay. I'm sorry, they did?
Chair Sarnoff: Yes, they have.
Commissioner Suarez: Okay, they finally did. We have stimulus money that, I guarantee you, is going to run out in the next year or two. You know, so from my perspective, it's about time that people get relief, and it's about time that we give them the most relief that we possibly can, the most relief that we possibly can live with and be fair to everyone else in the process. So with that, my vote is yes 'cause I --
Chair Sarnoff: No, no. You're --
Commissioner Suarez: This is an RE (Resolution). This is not a --
Chair Sarnoff: -- the proud mover.
Commissioner Suarez: What's that?
Chair Sarnoff: You're the proud mover.
Commissioner Suarez: Yes, sir.
Chair Sarnoff: All right. We have a second by Commissioner Dunn.
Commissioner Suarez: Thank you.
Chair Sarnoff: All right, gentlemen. Now you get to do it all at once. All in favor, please say “aye.”
The Commission (Collectively): Aye.
Chair Sarnoff: You have a unanimous vote, Madam Chair [sic] --
Ms. Thompson: Thank you.
Chair Sarnoff: -- Madam Clerk, excuse me. All right, Mr. Mayor --
Mayor Regalado: Thank you.
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Chair Sarnoff: -- I'm going to ask you for a little latitude. The reason is I know you wanted --
Mayor Regalado: Latitude? That's what we want. Absolutely.
Chair Sarnoff: He has a poor choice of words.
Mayor Regalado: Look, absolutely. I know that you have a full agenda.
Chair Sarnoff: The PHs (Public Hearings) are the problem. I'll lose --
Mayor Regalado: Right.
Chair Sarnoff: -- I will lose my interpreter.
Mayor Regalado: And it's fine by me. Mr. Chairman, I'll be here all day, all night, if necessary.
Chair Sarnoff: Well, let me -- Commissioners, we will lose the interpreter at 12 o'clock. We have two PHs that require an interpreter.
RE.10 RESOLUTION 10-00834 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE USE AGREEMENT WITH TVM PRODUCTIONS, INC. ("TVM"), IN SUBSTANTIALLY THE ATTACHED FORM, ALLOWING TVM TO CONTINUE FILMING THE TELEVISION SHOW "BURN NOTICE" AT THE COCONUT GROVE EXPOSITION CENTER THROUGH SEPTEMBER 30, 2011, WITH A ONE (1) YEAR OPTION TO RENEW, AT THE DISCRETION OF THE CITY MANAGER SUBJECT TO CITY COMMISSION APPROVAL. 10-00834 Legislation.pdf 10-00834 Exhibit SUB.pdf 10-00834 Summary Form.pdf 10-00834 Pre-Agreement.pdf 10-00834 Pre-Amendment.pdf 10-00834 Liability Insurance.pdf 10-00834-Submittal-FY '11 Proposed Budget (Summary).pdf
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0326
Chair Sarnoff: Okay. RE.10 --
Madeline Valdes (Director, Public Facilities): Thank you.
Chair Sarnoff: -- gentlemen. That would be on page 16.
Priscilla A. Thompson (City Clerk): RE.10.
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Daniel Newhoff (Assistant Director): RE.10. Good afternoon. Daniel Newhoff, Department of Public Facilities. RE.10 is a resolution of the City of Miami Commission authorizing the Manager to execute amendment number five to the use agreement with TVM Productions for the filming of Burn Notice at the Coconut Grove Convention Center; extends their current use agreement through September 30, 2011 with a one-year option to renew at the discretion of the City Manager. Under this proposal, their rent would remain the same to the City of Miami at $20,000 a month. Also just a small floor amendment, at the request of the Chairman, in the resolution, in the whereas section it identifies a statement that says “The use fee shall be allocated for use solely to support the Coconut Grove Master Plan, Phase II, for the waterfront improvement.” We would just like to remove the Phase II and just have it go to the waterfront plan in general.
Vice Chair Carollo: This is RE.10?
Chair Sarnoff: RE.10, page --
Vice Chair Carollo: Sixteen.
Chair Sarnoff: -- 16, yeah.
Commissioner Gort: Move it.
Chair Sarnoff: Motion by Commissioner Gort --
Commissioner Suarez: Second.
Chair Sarnoff: -- second by Commissioner Suarez. Any --
Vice Chair Carollo: Discussion.
Chair Sarnoff: Go ahead. Discussion.
Vice Chair Carollo: I'd like to -- we're -- hold on. Let me verify. We're on RE10, a resolution; execute amendment number 5, the use agreement with TVM Productions for Burn Notice. Okay, I'd like to add an amendment “subject to Commission approval” at the end of Manager. It says at the sole discretion of the City Manager. I'd like to add subject to Commission approval. Would the maker --?
Chair Sarnoff: Who's the maker?
Vice Chair Carollo: I mean, I -- or rather, subject to ratification of the Commission.
Commissioner Gort: I'll accept the amendment.
Chair Sarnoff: All right, maker accepts. Seconder accept?
Vice Chair Carollo: Right. It's for the additional year --
Chair Sarnoff: Gotcha.
Vice Chair Carollo: -- and subject to the discretion of the Manager, ratification by the Commission. I just want to add that --
Carlos A. Migoya (City Manager): That's fine.
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Vice Chair Carollo: -- to be ratified by the Commission.
Mr. Migoya: Okay.
Chair Sarnoff: All right. Make -- seconder accepts?
Commissioner Suarez: Yes. I just -- from a drafting perspective. My lawyerly bells go off, Mr. Vice Chairman.
Vice Chair Carollo: Just (UNINTELLIGIBLE).
Commissioner Suarez: Yeah. It's --
Chair Sarnoff: All right.
Commissioner Suarez: -- at the discretion, not at the sole discretion obviously because if it's at the sole discretion of the Manager, there wouldn't be a need for ratification. So at the discretion of the City Manager, subject to Commission approval.
Vice Chair Carollo: Gotcha.
Chair Sarnoff: All right.
Commissioner Suarez: I do accept the modification that way.
Chair Sarnoff: All right, so we have a motion, we have a second as amended. All in -- any further discussion? All in favor, please say "aye."
The Commission (Collectively): Aye.
RE.11 RESOLUTION 10-00862 District 5 - A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE Commissioner MIAMI-DADE BOARD OF COUNTY COMMISSIONERS EXPAND THE MURAL Richard Dunn II BOUNDARIES WITHIN THE CITY OF MIAMI AND ALLOW MORE THAN THIRTY-FIVE (35) MURAL PERMITS TO BE ISSUED WITHIN THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 10-00862 Legislation.pdf 10-00862 Cover Memo.pdf
Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Gort
R-10-0328
Chair Sarnoff: All right. You want to kill RE.11? I heard you wanted to do it.
Commissioner Gort: Move it.
Chair Sarnoff: Eleven and twelve. All right, go with RE.11. RE.11.
Commissioner Dunn: I'd like to make a motion on this, Mr. Chair. City of Miami Page 73 Printed on 8/27/2010 City Commission Meeting Minutes July 22, 2010
Chair Sarnoff: All right.
Vice Chair Carollo: Second.
Chair Sarnoff: We have a motion by Commissioner Dunn on RE.11, second by the Vice Chair. This is regarding murals, expanding the limit to 45. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
RE.12 RESOLUTION 10-00866 District 5 - A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner NORTHWEST 10TH STREET FROM NORTHWEST 3RD AVENUE TO Richard Dunn II NORTHWEST 4TH AVENUE, MIAMI, FLORIDA, AS "WILLIS-RICHARDSON STREET;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-00866 Legislation.pdf 10-00866 Cover Memo.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) Carollo, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Gort
R-10-0329
Chair Sarnoff: RE.12.
Vice Chair Carollo: So move.
Commissioner Dunn: Second.
Chair Sarnoff: We have a motion by Commissioner -- the Vice Chair, second by Commissioner Dunn. It is to change -- it Northwest 4th Avenue as Willis Richardson Street. Any discussion, gentlemen?
Commissioner Dunn: Well, just for the record, Mr. Chair, very quickly, Arthy Willis was one of the first signers of the incorporation for the City of Miami. He was an African American from the Bahamas. His daughter, Arthy Willis Richardson, owned -- and this funeral home is still in existence -- the oldest African-American funeral home in Miami, so we thought that was worthy of having a street. Both are deceased.
Chair Sarnoff: Okay. All right, so RE.12, we have a motion, we have a second. Any further discussion? All in favor, please say "aye."
The Commission (Collectively): Aye.
RE.13 RESOLUTION 10-00858
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City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY ATTACHED FORM, WITH PUBLIC FINANCIAL MANAGEMENT, INC., UTILIZING AN EXISTING CITY OF PHILADELPHIA REQUEST FOR QUALIFICATIONS DATED APRIL 3, 2009, AND SUBSEQUENT AGREEMENT, AS AMENDED, FOR THE PROVISION OF FINANCIAL SERVICES, FOR THE OFFICE OF THE CITY MANAGER, EFFECTIVE THROUGH MAY 31, 2011, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN A FIRST YEAR ANNUAL AMOUNT NOT TO EXCEED $125,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00001.980000.534000.
10-00858 Legislation.pdf 10-00858 Exhibit.pdf 10-00858 Summary Form.pdf 10-00858 Amendment Agreement.pdf 10-00858 Provider Agreement.pdf 10-00858 RFQ.pdf 10-00858 Professional Services Contract.pdf
Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Sarnoff, Suarez and Dunn II Abstained: 1 - Commissioner(s) Gort
R-10-0325
Chair Sarnoff: All right. RE.13. PFM (Public Financial Management), folks. Page 17.
Commissioner Gort: Mr. Chairman.
Carlos A. Migoya (City Manager): PFM is the --
Commissioner Gort: Wait a minute. Excuse me.
Mr. Migoya: Go ahead.
Commissioner Gort: Before we go on, in the industry that we work, in the finance industry, we do business -- my firm would do business with a lot of these individuals. And in the future -- or in the past we've done business. For that reason, I would like to disqualify myself from here.
Mr. Migoya: Can I start now?
Chair Sarnoff: Yes, sir. You're rec -- I'm sorry, Mr. Manager. You're recognized.
Mr. Migoya: Thank you. PFM is the firm that we contracted with for the first $50,000 as part of our financial advisor to help us with the contract negotiations with the unions. In the -- always - - it was always the intent that we would go beyond the 50,000, which is what we're requesting at this point in time. PFM was the financial advisor for the Oversight Board of the City of Miami in 1996, so for that reason, that -- and the historical experience and the management that they've had is why we chose to go with them. So I'm going to try to give you the high-level stuff; Glenn will give you more of the technical reasons behind it and what we're looking to do.
Glenn Marcos: Well -- Glenn Marcos, Purchasing director. We did speak with PFM and we did identify a government contract that we were able to piggyback. It's for the same services that the
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City of Miami has a need for. So that piggyback stems from the city of Philadelphia's request for qualification and therefore we are seeking your approval. The approval of the contract is a contract that will run, effective through May 13, 2011. We don't expect for us to have a need to use them that long, but we have -- we do have that time frame. It's for a first-year annual amount not to exceed $125,000. There are terms that we can trigger if we need to go ahead and trigger the renewal terms. However, if we do need additional funding beyond the 125, it does require the Administration to come back to the City Commission for that approval.
Chair Sarnoff: All right. Is there a motion?
Commissioner Suarez: So moved.
Chair Sarnoff: Motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen?
Vice Chair Carollo: Can't turn back now.
Chair Sarnoff: Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
END OF RESOLUTIONS
BOARDS AND COMMITTEES
BC.1 RESOLUTION 10-00856 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Vice Chairman Frank Carollo
Commissioner Francis Suarez
10-00856 Audit CCMemo.pdf 10-00856 Audit Current_Board_Members.pdf NO ACTION TAKEN
Priscilla A. Thompson (City Clerk): Chair.
Chair Sarnoff: Yes, ma'am.
Ms. Thompson: Before you break, we need to make clear as to which items you will be, when you recess, continuing to -- I'm -- we're going to -- we're focused. We're together on this one, right?
Chair Sarnoff: Right.
Ms. Thompson: Thank you.
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Chair Sarnoff: Are you going to mention them by name or can I just say every item we haven't addressed?
Ms. Thompson: I would prefer that we go down the list just by the item number so everyone is clear, if you don't mind?
Chair Sarnoff: Absolutely, Madam Clerk. You go right ahead. I'll let you know when I have something different.
Ms. Thompson: Okay. PH.1, FR.2, RE.1, 2 and 3, RE.6, BC.1 --
Commissioner Suarez: I'm sorry, Madam City Clerk. I think all the BC (Boards and Committees) items were mines [sic] that I deferred to this meeting. Can we just continue them so they don't go to the special meeting?
Ms. Thompson: That's fine.
Vice Chair Carollo: Okay.
Ms. Thompson: But can you hold that thought for me one second?
Vice Chair Carollo: No problem.
Ms. Thompson: Okay. So we are at, I'm sorry, RE.1, 2, 3. I have RE.6, RE.7. Now you wanted to make note of the BCs 1 through 5, sir?
Vice Chair Carollo: Yeah. Let's defer them or continue them.
Ms. Thompson: We'll -- so we'll take those up -- defer them to the September 16 meeting.
Vice Chair Carollo: Correct.
Ms. Thompson: Okay.
Vice Chair Carollo: Thank you.
BC.2 RESOLUTION 10-00461 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Vice Chairman Frank Carollo
Commission -at- Large (Alternate Member)
10-00461CEBCCMemo.pdf 10-00461 CEB Current_Board_Members.pdf
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NO ACTION TAKEN
Note for the Record: Please refer to item BC.1 for minutes referencing item BC.2.
BC.3 RESOLUTION 10-00467 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Vice Chairman Frank Carollo
10-00467 Finance CCMemo.pdf 10-00467 Finance Current_Board_Members.pdf NO ACTION TAKEN
Note for the Record: Please refer to item BC.1 for minutes referencing item BC.3.
BC.4 RESOLUTION 10-00348 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES/CATEGORIES: NOMINATED BY:
Chairman Marc David Sarnoff (Citizen) Vice-Chairman Frank Carollo (Citizen) Vice-Chairman Frank Carollo (Architectural Historian)
10-00348 HEP CCMemo.pdf 10-00348 HEP Current Board Members.pdf 10-00348 HEP Applications Summary.pdf NO ACTION TAKEN
Note for the Record: Please refer to item BC.1 for minutes referencing item BC.4.
BC.5 RESOLUTION 10-00855 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
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APPOINTEES: NOMINATED BY:
Vice Chairman Frank Carollo
Commissioner Francis Suarez
Commissioner Richard Dunn II
10-00855 WAB CCMemo.pdf 10-00855 WAB Current_Board_Members.pdf NO ACTION TAKEN
Note for the Record: Please refer to item BC.1 for minutes referencing item BC.5.
END OF BOARDS AND COMMITTEES
PART B: PLANNING AND ZONING ITEMS
Chair Sarnoff: PH.1, we do not need an interpreter, correct?
Priscilla A. Thompson (City Clerk): That is correct.
Chair Sarnoff: All right. So let's go back to the Mayor's agenda. Mr. Mayor, I believe we've talked about M.1, M.2, but I don't think we've talked about M.3.
Mayor Tomás Regalado: No, we didn't, Mr. Chairman. And I want to offer you the option -- I see that we have many residents in the public. I'm willing to come back with the other items. I understand that there is a PZ (Planning & Zoning) item that had been settled and the residents are here -- or the representative. I understand also that we have a full house today, so I would --
Chair Sarnoff: Do you want to take PZ.14, 15, which will be the Ransom Everglades appeal? That -- so we can get the folks --
Mayor Regalado: Right.
Chair Sarnoff: -- out.
Mayor Regalado: So we can get --
Chair Sarnoff: And then we'll go to --
Mayor Regalado: Other --
Chair Sarnoff: -- if it's okay with you, PZ.16 and 17, which is the LED (Light Emitting Diodes) billboard or media tower.
Mayor Regalado: And then we have the Virginia Key master plan and --
Chair Sarnoff: Why don't we do that -- Virginia Key master plan, I just don't see happening before lunch.
Mayor Regalado: Right. I think it's important that the people that are here --
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Carlos A. Migoya (City Manager): On Virginia Key master plan, we told them 2 o'clock.
Chair Sarnoff: Two o'clock time -- I'm looking at the Manager.
Mr. Migoya: We said 2 o'clock for Virginia Key master plan is what we did.
Chair Sarnoff: We have a CRA (Community Redevelopment Agency) -- just to give you a heads up -- meeting at noon, which we're not going to hit noon.
Unidentified Speaker: Oh, we do?
Mr. Migoya: Doesn't look like it.
Chair Sarnoff: Unless you're buying lunch and keeping us on the dais.
Mr. Migoya: Again?
Chair Sarnoff: Again. Let's let it play out. Let's see how it goes. All right, so let's call up -- if you -- I think we have to open up the P&Z item, right, Madam City Clerk?
Ms. Thompson: Yes, we do. If we're going to our P&Z agenda, we have our P&Z instructions, and we will have to swear in individuals.
"[Later...]"
Chair Sarnoff: Let's at least set up -- let's look at PZ.16. This is the billboards or I should say the media tower. I'm sorry.
Maria J. Chiaro (Deputy City Attorney): Mr. Chair --
Chair Sarnoff: Yes, ma'am.
Ms. Chiaro: -- if you are taking up the media towers --
Chair Sarnoff: You want to do the --?
Ms. Chiaro: -- there will -- I will do the pre-statement. For the Planning & Zoning items, any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the --
Vice Chair Carollo: Madam City Clerk [sic], if you could wait just for a second. Let's have some order, please. Let's have some order. If you -- yeah, if you could wait a moment, Madam City Attorney. Thank you. You may proceed, Madam City Attorney. Thank you.
Ms. Chiaro: Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Any person requesting action from the City Commission must disclose at the commencement or continuance of the hearing on the issue any consideration provided or committed for an agreement to support or withhold objection to the requested action. Section 2-8 of the City Code defines the term consideration. Before the PZ (Planning & Zoning) agenda item is -- items are heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land-use change, or MUSP (Major Use Special Permit) and make its recommendation. The appellant or petitioner will then present the request. The appellee will
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present its petition. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of the staff. Appellant or petitioner will be permitted to make final comments. The City Clerk can swear in any of those wishing to speak on any items.
Vice Chair Carollo: Madam City Clerk -- and Mr. Chair, do you want the gavel back? Because if not, I'm going to ask my colleagues if they're all prepared to listen to this because this is going to be quite long.
Chair Sarnoff: How many folks intend on speaking?
Commissioner Gort: A whole lot.
Chair Sarnoff: Just by a show of hands.
Vice Chair Carollo: A whole bunch, yeah. So unless you want to chair, I'm going to, you know, ask my colleagues if they wish to listen to this or if we break.
Chair Sarnoff: You got the gavel.
Vice Chair Carollo: What's the will of this Commission?
Commissioner Gort: My understanding we had a CRA (Community Redevelopment Agency) meeting, and a lot of the people wanted to hear this after 5, so I don't know. It's whatever you guys want. I don't think that (UNINTELLIGIBLE) --
Vice Chair Carollo: Commissioner Dunn.
Commissioner Gort: -- long time.
Commissioner Dunn: I'm pretty much open. I'll -- I mean, whatever the will of the Commission is. I'm flexible.
Commissioner Gort: It doesn't make a difference to me.
Chair Sarnoff: Let's find out what the Mayor wants.
Vice Chair Carollo: Mr. Mayor.
Mayor Regalado: I think that you have dealt today with so many issues, but there is an issue of great importance at 5 p.m., the budget process and the budget committee that had been working for so long. And to me, it's important to get out of the way for you so we can all prepare to listen to what the budget committee and the employees and the people -- so I don't know -- I know that the CRA, it's -- you can do it later, after lunch. I know also that you have set the Virginia Key plan for after lunch. So if you have time now to at least listen to part of the presentation, it will expedite the process.
Chair Sarnoff: I -- let's move 'cause we're going to pile -- this is the biggest agenda we've ever faced. Let's plow through as much as we can. We'll break at 1 o'clock and see where we are.
Vice Chair Carollo: Okay. I may have to leave beforehand. Like I said, I had a previous appointment, but you know, I'll try to stay as long as I can.
Chair Sarnoff: All right. We're up to PZ.4 -- I'm sorry, PZ.16.
Vice Chair Carollo: Sixteen.
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Ms. Thompson: Chair, if I might.
Chair Sarnoff: Yes, ma'am.
Ms. Thompson: I need to swear in the individuals who will be presenting testimony.
Chair Sarnoff: Please proceed.
Ms. Thompson: And I do need to make sure individuals understand, if you are speaking on any of these P&Z items, if you are speaking today, you must come up and sign the speaker sheet with us, please. We appreciate your assisting us with that. If you are here and you will be giving testimony in any P&Z item, I need you to please stand and raise your right hand. Will you -- if you're speaking, 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.
The City Clerk's comments were translated by official Spanish interpreter, Paul Seligmann.
Ms. Thompson: Thank you.
"[Later...]"
Chair Sarnoff: The Clerk may need to swear some people in, so please take direction from the Clerk right now.
Pamela L. Latimore (Assistant City Clerk): If you will be giving testimony on any of the P&Z items that will be before the Commission today, please stand and raise your right hand so that you may be sworn in.
The Assistant City Clerk's comments were translated by official Spanish interpreter, Paul Seligmann.
The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues.
The Assistant City Clerk's comments were translated by official Spanish interpreter, Paul Seligmann.
Ms. Latimore: And as a matter of housekeeping, if I -- do I have anyone who will need the Spanish or Creole interpreters?
The Assistant City Clerk's comments were translated by official Spanish interpreter, Paul Seligmann.
Commissioner Gort: I can do it.
Ms. Latimore: Okay. Thank you.
PZ.1 RESOLUTION 09-00579 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING IN PRINCIPLE, THE VIRGINIA KEY MASTER PLAN, HEREIN REFERRED TO AS THE "VIRGINIA KEY MASTER
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PLAN", AS THE GUIDING TOOL, FOR THE FUTURE DEVELOPMENT OF VIRGINIA KEY; CREATING A VIABLE WATERFRONT WITH RECREATIONAL AND PUBLIC SPACES; AND PROTECTING AND ENHANCING THE NATURAL RESOURCES LOCATED ON THE ISLAND. CITY_EXECUTIVE SUMMARY_rev2.pdf 09-00579 Zoning Map.pdf 09-00579 WAB Reso.pdf 09-00579 PAB Reso.pdf 09-00579 CC Legislation (Version 4).pdf 09-00579 Virginia Key Consensus Master Plan.pdf 09-00579 CC 07-22-10 Fact Sheet.pdf 09-00579-Submittal-Robert Vernon, Mayor of Key Biscayne.pdf 09-00579-Submittal-Waterfront Advisory Board-Motion WAB 2010-01.pdf 09-00579-Submittal-Miami 21 Map.pdf
LOCATION: Approximately East of Biscayne Bay along the Rickenbacker Causeway [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami
FINDING(S): PLANNING DEPARTMENT: Recommended approval. WATERFRONT ADVISORY BOARD: Pending recommendation on July 13, 2010. PARKS ADVISORY BOARD: Pending recommendation on July 15, 2010. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on July 21, 2010.
PURPOSE: This will approve in principle the Virginia Key Master Plan.
NOTE(S): On February 11, 2010, a motion was made by the City Commission to defer this item to July 22, 2010.
Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0331
Chair Sarnoff: All right, let's move to the -- I apologize -- PZ.1, which is the Virginia Key Master Plan.
Enrique Nunez: Good afternoon, Mr. Chairman and members of the Commission. My name is Enrique Nunez. I'm the chief of urban design with the City of Miami Planning Department. At this time I would like to introduce Mr. Jorge Hernandez and Mr. Hilario Candela of the University of Miami/School of Architecture that will be presenting the consensus master plan. We also want to acknowledge the guidance of our Mayor, Tomás Regalado, Commissioner Marc Sarnoff, and Commissioner Carlos Gimenez of Miami-Dade County. Furthermore, it is important to acknowledge the contributions of the Virginia Key Public Planning Coalition comprised of the Urban Environment League, the Miami Neighborhoods United, Friends of Virginia Key, Transit Miami, Sierra Club, Tropical Audubon Society, Urban Paradise Guild, the Virginia Key Beach Park Trust, Citizens for a Better South Florida, and also the Youth Serving Organizations of South Florida. As a brief history, following the October 8, 2009 deferral of the
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master plan, the City Administration and Commissioner Sarnoff asked us to continue to work with the public and to look at the island in comprehensive manner. For too long the island has been a dumping ground for governmental uses that no one wants to live near, such as a sewage treatment plant, a landfill, and a home for dredged spoils. Of the more than 1,000 acres of Virginia Key, 257 acres are being planned for. And of the 257 acre master plan area, approximately 200 acres are currently unusable. This includes the North Point dredge deposit site and the landfill, which are not accessible to the public. The master plan you are about to see provides a vision that will strongly promote public waterfront access, provide areas for active and passive recreation for all ages, restores and enhances the natural environment, reclaims polluted and dredge-filled lands, and preserves the best of the island's history. At this time we'd like for Mr. Hernandez to proceed with the presentation.
Jorge Hernandez: Good afternoon. My name is Jorge Hernandez, 337 Palermo Avenue. I would like to thank Chairman Sarnoff for his leadership on this project, and particularly thank Mayor Regalado for his leadership as well when he charged us to join hands with all of the people that are a part of the coalition and bring forth this consensus plan before you. If I may, even though many of us have left, could I have all those in the hall that have had a direct involvement with the plan please stand. Thank you.
(Applause)
Mr. Hernandez: We've brought together planners, architects, historians, attorneys, doctors, students, all quarters of the community. I would like for -- just briefly for Greg Bush, from the Urban Environment League, to say a few words, and it would be remiss if Hilario Candela did not say a few words before I launch into an abbreviated version of the plan. Thank you.
Chair Sarnoff: Greg.
Greg Bush: Good afternoon. I am Greg Bush. I'm vice president of Urban Environment League. An important experiment and democratic planning, I think, has taken place here in Miami. Residents who were asked by the City to be involved in design workshops have stood up and demanded that their opinions be respected and reflected in future master plans for parks and civic spaces, specifically in relation to Virginia Key. From 1999 when we initially championed the cause of saving Virginia Key Beach to today, the Urban Environment League has tenaciously sought to promote transparency, partnerships with government officials and professionals, and broad public participation in the planning process for Virginia Key. We've not waivered in these goals. And I trust the fruits of our -- of Virginia Key Public Planning Coalition will soon be evident to you in our joint presentation. Over the past several years, the work of hundreds of volunteers from a variety of interest groups underscores that residents care deeply about the future of this woebegone and long-neglected island. Ours has not been a perfect process and the results won't please everybody, but we've learned much about mobilizing people, focusing their attention, and working cooperatively in ways that can create a workable consensus, and we intend to keep at it. We urge the Commission and the Planning Department to learn from this process and allow it to flower in other planning efforts in the years to come. I also want to thank Commissioner Sarnoff and Mayor Regalado for all your support in giving this pause time for the public to do its work. Thanks.
Hilario Candela: Good afternoon. I'm Hilario Candela, architect. For over 50 years, I've been a citizen of this community, and I was very privileged back in 1962 to be the architect who was chosen to design the Miami Marine Stadium. For the last 48 years, I've been sort of waiting for the next phase of that first phase that began in 1962. It was an inconclusive dream that is being finished now, what is going into the next phase right now. So we were at phase I. It took us a little bit longer to get in phase II, and certainly, with the help of the Chair Sarnoff and Commissioner Regalado, now Mayor Regalado, we'll be there sooner than later. For the last two and a half years, I have been involved with many of the groups that have been mentioned
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before. My friend, Jorge Hernandez, an outstanding preservationist in this community, call me to help save the stadium. We got together with three other people, Don Worth, Becky Matkov from the Dade Heritage Trust; we created Friends of the Marine Stadium. We work hard at it, and we got the stadium saved because we got it designated locally, at the state level, nationally. Likewise, the National Trust for Historic Preservation came and reaffirm its interest in the stadium and internationally in terms of the world monument fund. So those are four outstanding identification for the Stadium. We also began then to go to the next step, which is look at the island at large. One of the things that we did is really to study the island, all of it, very, very carefully, but we were doing this not in isolation. We were doing this as part of the coalition. So the plan that you will see today, it is the plan that's a result of that plan, so it is just that. It's a consensus plan, and it's very important that I say that, which included not only staff and organizations but individuals. We have had a very open and transparent process. We have held -- the studio, University of Miami -- actually, three studios for the last two and a half years. Some of the students are here today. They have worked very hard and very diligently. And we are at -- where we -- at the point that we are because of the tremendous emphasis of everyone. I want to say that this has all been a pro bono effort. This is unprecedent [sic]. But this is also being fueled by the tremendous passion that every one of the other individuals that worked on this effort has brought forward. So it was pro bono fueled by passion, and that's a fantastic combination. So that's where we are today. The plan that you're going to see today makes it most fantastic new image for -- and reality for the island. It incorporates and place and pays tremendous respect to the nature of the environment. It's specifically to the natural beauty of all of Virginia Key. We study it very carefully, very, very carefully. We sort of asked Virginia Key -- we sort of asked the island what did the island want it to be and this is the answer. So right now, Jorge Hernandez -- and I'm trying to cut my presentation to be brief -- is going to walk you through all of the steps that are going to make this new future become something very, very soon. I do want to say that this is not just an academic exercise. This is a very realistic process. This is being -- it's full of detail. It's full of support. It's full of data. We have analyzed the legal obligations to the City of Miami. We have analyzed all the parameters of all the leases, et cetera. So what you have before you is actually reality. Thank you very much.
Mr. Hernandez: Thank you, Hilario. Let me begin 'cause I know that time is short for you and it's a long day for you. It's a list of the organizations, many of whom you've heard mention already. There, in fact, are many, many more than that. These are the organizations. These are the people that came together to forge this plan and have worked so hard over long periods of time, many of them involved way before Hilario or I was involved. This is a list of people with whom we've partnered government agencies, offices, Commissioners' offices, Mayor's office, Commissioner Sarnoff's office, Mayor Regalado's office. We're here because in '09, as you know, you voted to delay the plan that was before you at that point; and we were charged, after numerous meetings, to try to build a consensus and bring this plan ahead. And we know that we face a unique challenge because of the extraordinary quality and character of this island. We've built consensus with -- for what we think will be a better plan and we thank you for the opportunity. We were humbled by the opportunity and we're quite proud to be here today and present this vision to you. There are enduring themes of the island, and they are this notion of education and research related to the natural world -- it's always, in a way, been a part of the history of the island -- the notion of recreation and leisure and the appreciation of the island, the interpretation of history, and the preservation and enhancement of nature. What is unique about the island is that it's a hinge between Biscayne Bay National Park, a submerged -- the only submerged national park, and Biscayne Bay Aquatic Preserve. It's often called our Central Park, so we thought we would show you that the Central Park, which is the rectangle, is smaller than the island; and if the island were placed in Biscayne Bay, it would bridge from Miami Beach to downtown Miami or Midtown Miami. There are, as you well know, a series of deed restrictions. They're highly important and they pertain most particularly to the Marine Stadium site and the Virginia Key Beach Park site. It's important that these be honored. This is a Google aerial of the island, per se, which is quartered into different neighborhoods as we call them. There are different regions of the island that have distinct characteristics. Number six, which is
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the treatment plant, we really are not going to focus on; number eight, which is where the Seaquarium and the Rosenstiel School. We also are not going to focus on nor do we have any proposals for MAST (Maritime and Science Technology) Academy because that's Dade County Public Schools, so in a sense, those two parcels are off the discussion for today. The two parcels that I'd like to begin with are parcel number seven, which is the Bill Sadowski Critical Wildlife Area, and parcel number two, which is Virginia Key Beach Park. That's because these two parcels are very well -- they have a clear identify and they have a character and they're -- they don't really need much room for planning. They're exactly perfect as they are. The critical wildlife preserve, as you know, an extremely sensitive area. It's a place of bird rookeries and marine mammal mating sites, entrance is not allowed. It's a very sensitive environmental area. One cannot even canoe or kayak in there. Our suggestions for that, and I think the most -- for me the most telling image is the top left because it not only shows the land area of the critical wildlife preserve but the large rectangular area, which is the submerged portion of the preserve. But our suggestion for this is simply to reinforce the signage, improve the buoys because people still trespass there. And I know that it's hard to stop every trespasser, but we need to do as much as possible to protect the preserve. There is a suggestion on the base scenario that is somehow in tandem, it's linked in tandem with an appreciation for the preserve. There already is a path that people use to jog on that rings the basin area, so the suggestion there is simply to encourage the path be used as a kind of pedestrian scenic experience and to take a portion of upland site that -- I'm pointing on a pointer on my screen. I don't know if you can see it. But that portion of the upland site is an area of spoils. It is not a wetland. And this is a good spot to put a observation tower so that since people cannot enter the preserve, at least they can go up and see the rookeries, see the preserve and gain added appreciation to the kind of wildlife that is in the preserve. The second area that I spoke about was Virginia Key Beach Park. I know that you're very familiar with it. They have a very well established master plan. They're managing it well. We've partnered with the Trust very well. Mr. Tinnie was here earlier. I think he had to leave. There were a number of people, like Arva Parks, who had to leave. But again, the only thing we did with the Trust is take our cues from them because they reinforced this notion of the island as a place of education and appreciation of nature, and they were the first important cultural resource site of the island, being an important civil rights site. The great Athalie Range, which helped establish the Trust; Enid Pinckney, I think, was next to Ashley when they did that foundation. It's a historic contribution to the diversity of our society. It's a crucial civil rights history happened here and we must protect it. More importantly, the notion of connectivity and thematic unity is one that we want to stress for the island, and the civil rights park really brings one very important gem in that story of the island's cultural resources. The planning process and how did we get here. I know there are three new Commissioners here. You probably are aware anyway with the history that this has had, so I don't need to go through it much. But in '06 EDSA (Edward D. Stone, Jr. and Associates) was hired to start a master plan for the island. In '07 there were a series of workshops that the UEL (Urban Environment League) sponsored. There was a charrette. There were a number of planning meetings. The first plan that was authored around May came before a series of boards and then it was sent back before it came to Commission. It went through the series of boards again and in October, the City Commission voted to shelf it, which is why we're here tonight with this consensus plan. On September 27, when -- between the first and second plan, the UEL held a workshop at the Rusty Pelican. There were a large number of people there and these are some of the points that came out of that workshop that are also in the plan. The notion of having a welcome center within or near the Marine Stadium; to have a multijurisdictional authority over the island, a board; to have transportation and connectivity; and to have balanced fiscal and environmental sustainability. The vision is an accessible place for recreation and heritage, a public access to the waterfront, sustainable principles, no overnight accommodations, save for eco-camping sites, enhance public amenities and transportation, and integrate these notions of thematic linkages. What does the community not want? I think that was very clear last year. We didn't overbuilding or hotels or condos or encroachment into the natural areas, and we wanted sensitive stewardship. The recommendations again, the orientation center located near the stadium, a thematic integration and introduction of transportation. We wanted to make sure that this Commission followed and -
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- along with all of us -- we all have to be vigilant about following the deed restrictions and, again, the long-term jurisdictional board. Transportation is important because it would complement the use of cars to the island. We cannot imagine that access to the island will forever be simply by virtue of cars. We would need an island tram. We should address the problem of sea level rise. Think of the causeway -- and this is a very inspirational bullet point -- as a scenic byway, which it very much already is. We need to enhance that, enhance view corridors, and environmentally sensitive water taxi systems. We do need to watch over the manatee areas when we think of the water taxis. This is a slide that shows -- in the yellow line is a possible water taxi route that has been vetted with DERM (Department of Environmental Research Management). It shows multiple points from near Bayside all the way south to the Grove, but the notion is that to get a water taxi system to the island and even beyond into Key Biscayne would be, I think, very progressive. It is a long-term regional transportation issue. We realize it will take a long time to bring this forth. We did not want it to be left unsaid. The magenta or fuchsia line is a bus route. There is an existing bus route. We just think maybe we should increase the frequency of buses to gain more access from a diverse community to the island. Within the island we would suggest an internal transportation system of solar powered trams. This will allow people access to the entirety of the island. It also would be important if we could negotiate a way that the tram could get from the area in front of the stadium to Arthur Lamb Road without entering the Rickenbacker Causeway, and that would be perhaps if they could use a slip of the parking area for the MAST Academy. If we go back then, we really have already covered the region labeled six and eight and two and seven. And so, for the rest of the presentation, we're going to focus on the North Point, which is the area labeled number three; the Shrimpers Lagoon, the area labeled number five; the landfill area, which is labeled number four; and the Marine Stadium and its basin, labeled number one. The North Point plan -- and there are a number of parts of this plan that are, specially the North Point and the Shrimpers Lagoon area, really are already again highly sensitive, beautiful environmental areas, and we want to have very little impact there. We do not want a plan that densifies and intensifies activities there. So the North Point plan, as a result of a series of meetings and -- is already being developed, is already underway. It's an area where there will be mountain biking. The mountain biking will take place in the area called out as Zone Number One. Then there is a trail -- so there are mountain bike trails that are actually being laid out because there's topography there. The topography is a result of bay bottom that has been brought there over the years. Then there's a trail around the perimeter of the North Point. That's a trail for walkers and joggers and kind of slower folks, let's say, not so extreme sport folks. They have very beautiful scenic views back to the City, so those triangular red cones are for views. There's an area labeled 15 of low planting so as not to obscure those beautiful views back to the City. There's an area for eco-camping, which is the light green number two. And then we propose hammocks and beach restoration throughout the rest with some foot bridges and there's a parking area with bioswale and impervious material that runs vertically. It's number five, next to the treatment plant. In other words, it's a place that celebrates the natural environment but lets people go there with their mountain bikes and have fun. It's very important to the Urban Paradise Guild and a number of other environmental groups that there be buffers between different areas of activity to protect the people on the trails that are just walking from the people that are mountain biking. The Shrimpers Lagoon area, we wanted again to include Jimbo's and the surrounding beach, low-scale recreational amenities, promote ongoing habitat restoration. And there's a wonderful job which the City and the County are doing together. Juan Fernandez, from the City, is slowly restoring all of these beaches in a program that he has that I'm sure you're aware of, but I want to say it for the people who are watching. It's a really wonderful program that's kind of happening quietly in the background and should be celebrated. So this is the drawing for the Shrimpers Lagoon. If you go down the list, you'll see that we're just encouraging the restoration and improvement of existing facilities of the boat launch with canoe and kayak rentals; of elevated boardwalks, which are existing and need repair; of existing parking to be switched over to bioswale; and impervious parking, which is low carbon footprint and eco-friendly; of beach pavilions which already exist, again just to improve them; enhance public beach areas, which is ongoing, because of the Juan Fernandez program that he's doing with DERM; restoring the
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coastal hardwood, which is ongoing as well; and renovate and restore for better use in ADA (Americans with Disability Act) accessibility the public restrooms. The next area of the plan that I'd like to touch upon is the landfill part of the plan. There are $45 million in a general bond that the City can tap into to begin the remediation of the landfill. It's a complicated environmental process that needs to happen, one that will eventually happen. We don't pretend that it is immediate. It will take a long time to get this corrected. But when it is corrected, the question will come before us, what are we to do with this parcel. This is the one portion of the project that has seen, in a way, the most debate in the consensus-building process that happened in the community. I said last night in front of the Planning and Zoning Board, this plan is really a plan forged by the art of compromise, so it's not a compromised plan, but a plan that is forged by the art of compromise. The previous plan, the EDSA plan that came before the Commission last year had a series of parking structures and many, many more ball fields because of varying voices. I think the community has generally come together, and we're willing to accept this reduction of ball fields that you see here. There are four softball fields, four soccer fields, and four tennis courts. There's an open meadow labeled number six, and again, a trail around the perimeter of this site. Parking for this happens in green impervious parking along the shoulder of Arthur Lamb Road. There's no sensitive wetlands or sensitive areas on that shoulder, and then some parking internal as well. It's very important -- the note at the bottom of this list has been very important for the environmental community, that we really discourage or forbid the use of lights because of the sensitivity to sea turtle nests, which leaves us with the last portion of the island to discuss. It's the marine basin area, which we'd like to kind of rename Miami Marine Park. It is the front door, in a way, of the island and it is the thing that's most visible. If the island has this theme of being anchored with educational opportunities related to the environment, then this spot of the Miami Marine Park could be thought of as a kind of foyer to the island. This is the historic district. The HEP (Historic and Environmental Preservation) Board, in July of '08, designated this -- the Marine Stadium a historic site, and this is the extent of the site. It includes the entirety of the basin 'cause the basin was a designed landscape. It was designed as a speedboat race course. And then it has a view corridor on either side of the stadium; 100 feet to the east, 100 feet to the west, all the way to Rickenbacker Causeway. So this is the portion that is now designated historic. Again, in terms of just a comparison, that's the Washington Mall dropped in to the basin. It goes from the steps of the Capital to the George Washington Monument. It's a useful image because it lets you know how long you have to walk to get from one side of the basin to the other. And all of us have walked the mall; we know it's a schlep. So, again, these are an attempt to bring a sense of scale to the people watching the presentation. The Marine Stadium, as you've heard, has become a historic landmark locally. It is on the way to being on the National Register of Historic Places. It has garnered the attention of the local community, the state, the nation, and the world. The National Trust -- that's a picture of Hilario Candela at age 26 before --
Chair Sarnoff: (UNINTELLIGIBLE). Was he a vampire?
Mr. Hernandez: -- in 1962 when the Stadium was under construction. You know, it's -- not only was it important for us to talk about this extraordinary style of architecture and this extraordinary architect, but also because it was a place that was a real nexus for community activity, so Elvis “Clambake.” Republican National Convention -- the young republicans held a convention there and Sammy Davis hugged a candidate; the famed Jimmy Buffett concert of '85; Aretha Franklin, “The Doors”; Ray Charles. You name it, everybody played the Stadium. There were Easter Sunrise services, Virgen De La Caridad Flotillas, Mitch Miller concerts. It opened on December 27, '63 with opera, 40 voices on a barge; water skiing, high jinks, parachuters, fireworks, and a regatta. The National Trust endorsed this designation. This is the letter. Docomomo, Documentation and Conservation of Modern Monuments, which is a global organization with a Florida Chapter, did as well, and the World Monument Fund also endorsed the Stadium. It is a kind of jewel of this community. I think we owe it to ourselves to really appreciate and be the kinds of stewards that the world wants us to be, given this resource. There are a number of principles that we've established that we would like to be upheld for all
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development on the Miami Marine Park, and they are to maximize access to the waterfront, provide a flexible open space on the eastern side for public recreational use, build new revenue-generating boat facilities, propose site for the Miami Maritime Center and island orientation, restoration and vigorous use of the Stadium, provide a green alternative to parking, and promote very public use of the site from passive to active. This is simply an aerial view so you can recognize the different components of the site. And the plan which you're about to see really deals with the site like a quilt. One thing that's important to see is when you look at this aerial, you can see how gray the site is. That's because the site is virtually one large parking lot with very little planting. We would like to change that. There's a logo that I showed you a second ago which shows the site half green and half blue. The Stadium is the center point of the plan, and that's the plan for the area that we have. So the Stadium is a center point of this plan. You can see to the east of the Stadium everything is virtually green; and to the blue of the Stadium, there's a lot -- to the west of the stadium, there's a lot of blue. We think that's important to celebrate this unique site, the site that's right between land and sea. And we always draw it including the basin and we draw it across the Causeway to Hobie Beach. We understand there are different jurisdictions. The County's -- it's County land on Hobie Beach, but what the citizen sees, what the person on the Causeway sees is this extraordinary sliver of land between two bodies of water. That's what we need to celebrate. I'm going to go parcel by parcel on the different sections of the -- this plan, like I did the island plan. And so first, we're going look at the Marine Stadium, which is the middle of the plan; then we're going to look to the east of it, which is the field; then to the extreme west, the marinas, then the dry-dock storage, and then the Maritime Center. And I promise, I'll be done in five minutes. The Marine Stadium is the core and center of the plan. It's the crown jewel of the plan. There is a view corridor. Those circular fountains are there and they're historic. The two triangular fountains are added. The notion was to keep a very open view, but also to plant it. There are a series of royal palms that rise out of those fountains. The floor of the fountains are tiled with solar voltaic tile so that we can harness the energy of the sun under the fountains. The fountains are thought of as recreational fountains that children can come and use and play and so on. We hope to open in December 'cause it originally opened in December. If not 212, maybe 213. And this is the kinds of things that occurred there that we hope will return: speedboat racing, concerts which we're all aware of. Now certain things have never stopped happening there. There has never stopped -- we've never stopped using the basin for regattas or dragon boat racing or the Miami triathlon by Excel Productions or long-distance swims or the wake-boarding competitions. This doesn't happen there. This happens on Biscayne Bay, the Flugtag, but it would be nice if it happened there. And these things talk to the fact that the site still connects to the use by the community. There's something about athleticism and the water that the site has still remained vibrant and viable and useful. Bringing the Stadium into play will just increase that. Now, for all of that to happen, for all of those events to happen, they need a staging ground. Currently, they stage in the open parking lot. Nineteen is an open field, a green field that would be used as a park during daily life, but for special events, could be used for staging. The next slide simply shows a section through that green field, so you see there's a small berm, the large park, and the access to the water. We want both active and passive activities to happen on that field, but if that staging ground gets taken away -- if the east end of the island is developed, then we cannot run those activities, their health, as activities depend on that as a staging ground. So the Swim Gym, which is a current stakeholder, and the Rowing Club, which is a current stakeholder, would be obsolete. They could not continue to operate. We've just covered the eastern half of the plan. Let me quickly go through the western half of the plan. The drawing before you shows the existing marina, the existing Rickenbacker Marina slips attached to the northern bank of that piece of land that the Rusty Pelican is on. The future marina would project out to the west. We checked this out with Dade County DERM. This is one of the few spaces where we could project new slips that we will not have problem with manatee protection areas, so -- and we've check the depths and everything. This is a viable place to grow the marina slips. These are images of the marinas. As you see, there are about 207 slips currently. The EDSA plan projected 215 slips. We could grow that substantially and therefore it could be phased. We also did in the plan -- as you can see, those black lines represent the limits of existing leases. So when the City uses this
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drawing for its purposes, you will have mapped out there where the existing leases are. This will allow the marina to be phased as its being built. The next area is the Rusty Pelican isthmus or island, as we call it. The lease of the Pelican is shown there by the black lines. The idea is that a new approach road to the Pelican would ring the basin, so people would walk or drive along the water side. And there's already a current project in place to green Rusty Pelican Island, and we endorsed it, and we believe that it's the right thing to do. So what we're showing is a series of very, very (UNINTELLIGIBLE) parking lots. We call them parking gardens. The red structures labeled 7 are a series of open-air markets where the charter boats could come to -- that's 8 -- and sell fish and so on. But they're not condition spaces; very minor kind of market sheds, very kind of colorful. This is an image of Rusty Pelican. Another very important part of the plan was the dry-stack storage. EDSA -- the EDSA plan called for 750 dry-stack storage. We followed the EDSA numbers. This shows 750 dry-stack storage. There's a novelty here that I think speaks about this project as being a kind of showcase project. We'd recommended creating these canals or fingers that make of the storage a kind of water room. We also checked this out with DERM. It's perfectly okay to excavate into the spoil of a island. It's not okay to encroach into the water. Some of this dirt could be used to reshape North Point and some of the dirt could be used to make the topography of the field that we showed you below -- before. These four structures mare made of earth and you could get forklifts to pick up boats in there, like they do in every other dry storage in the City and in the County. But what we've done is solved the traffic problem because if you call for your boat, the forklift puts your boat out like this in the water, and the boater walks on this pier. So a pedestrian never crosses a forklift carrying a boat. We've solved that traffic problem. There are two exits out of this system. They've labeled 10. They're elevated roads which allow the boaters to exit either into the marine basin and out or through the western marina without interrupting whatsoever the use of the facility. The other important two aspects on the plan -- I'm sorry; I thought I turned off my phone -- the other two important aspects of the plan are labeled 11. That's the restaurant that used to be Horatio's, which is now being put back into use. And 12, 12 is a parking structure for 300 cars, monies for which have been secured under the leadership of Chairman Sarnoff for this structure from the exist -- from the lease agreements with Rusty Pelican and Rickenbacker Marina. That parking garage would be lined with shops, bait and tackle shops so that you don't see parked cars when you walk in front of it. And so this would really make a kind of state-of-the-art dry-stock storage. That's the existing conditions which, I think, warrant some help and improvement, obviously. And this is a view, a suggested view of what that would look like. Instead of doing a solid building with walls and a roof that would bar the visual contact to the basin and to the water, we're saying that they should appear like these, like sailboat masts so they're artful, and they have wind turbines at the top of them. So, again, we would harness -- all of the buildings we're proposing would be a cutting-edge sustainability -- the cutting edge of sustainability. This is the last portion of the plan that we'll need to talk about is the -- we're calling it for the moment the “Miami Maritime Center.” We hope someone will come up with a better name, although it's a good name, an island orientation. We talked about it as a result of some of the comments that came out of the UEL workshops. The idea for this is that it would have -- I would be no -- physically, it would be no taller than the Marine Stadium. Nothing should be taller than the Stadium. It could range from 35 to 135,000 square feet. It needs to be on an elevated base anyway for flood criteria. The base would be five feet. We recommend that you raise it ten feet so that you can park under that base. And again, it would be parking that would be concealed by the base. It should not be one monolithic structure, but a building with -- whose mass is broken down by courtyards, porches, loggias, breezeway, and it should be tropical in nature. What would be in it? It would be an emporium, a place where you can have social functions, a cultural center, small music venues, a place that features the Atlantic Arts and Crafts. It should be a hundred percent given over to public purposes. It could feature the marine history of our region. There's a series of historic boats that the Historic Museum has, and they would like to display them here. I've seen the boats. They've very beautiful boats. They're small and very beautiful historic boats. It's also been suggested we have freedom raft exhibits, so we have Haitian freedom rafts and Cuban freedom rafts. It should -- this place should showcase the advancement of the marine industry and technology for our region. We need to remain at the forefront of that industry. It's an
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industry that's associated with our geography. It should also feature environmental educational opportunities and speak about the environment of Biscayne Bay. It should have a welcome center for the island and an orientation for the island. There's also talk about a welcome center for the National Park. The National Park is very interested in having a presence in Virginia Beach. This would be a very good place for it to be -- it also would produce a revenue stream for the island for the station. Here's an image of freedom rafts on the left, some of the historic boats on the right. It would have a place to interpret the natural history of the bay and the island, the cultural history of the bay and the island. It would feature innovation in the marine industry and technology. It would teach about safe boating and safe marine practices to the young. It would be a formidable addition to the island and thematically linked to the island. There are two more slides, ones that -- one that covers parking and one that covers sustainability issues. There are currently 2,100 surface spaces on the island and they park on asphalt surfaces. We have 1,650 cars parking on -- I said the island. I mean the region around the Marine Stadium. We're proposing 1,650, including the parking structure and all of the green bioswale parking. Now, if you look at the green, the parking is actually sprinkled along the length of the site. It's peppered along the length of the site. And the reason for that is the Washington Mall diagram you saw earlier, if you concentrate parking in any one part of the site, it's too long to walk. It's -- part of it is occurring along a County right-of-way. We have been in conversations with Commissioner Gimenez, who asked me to say that he is endorsing creative ways to collaborate. He understands that this is a kind of showcase project. He doesn't want the old boundaries between County and City to prevail. And he's very interested in taking the leadership of this. He's going to be scheduling a meeting with Public Works with us. Last week we met with the Mayor and incoming Mayor of Key Biscayne. They are, of course, concerned with the issue of parking and traffic. I believe they're here and they will testify. Some of the things we agreed to at that meeting was that it's appropriate to do a new planning study for new data. Probably the EDSA study was too short. And of course, we would do whatever we can once this plan is adopted -- the plan is a concept -- to respect and work with them and for them to respect and work with us so that -- to the benefit of both parties so this wonderful place can be a resource for both parties. This is some images of the bioswale, low carbon footprint parking. This is a diagram that shows that by the introduction of the elevated roads on either side of the dry-stack storage, you actually now access 100 percent of the waterfront. The public can walk all along the waterfront, which was one of the stated goals. And lastly, the blue simply means that all of this, whether it's the new green parking or the fountains in front of the stadium or the new garage or the maritime center or the dry-stack storage, should be built LEED (Leadership in Energy and Environmental Design) certified and really be cutting edge. This is an opportunity to teach and to show the world what we're going to do with our last island. This is the last island left. It needs to be a showcase project. I think we're going to be judged by what we do with this island. I'm honored and privileged to have had this opportunity to work with the community and speak for the community here before you today. It's not going to be a story of demolition by neglect. It is going to be a place of unique history. It is going to be an inspirational place. I'm not going to read this because we've already touched upon these things. There are opportunities for funding. And I'm -- I can go in them, if you want, but I'll let you ask me the questions, if that's the case, because I know that time is short. I thank you for this time before you. I am here to answer questions. And let's continue to work on this together. It's been a privilege.
Chair Sarnoff: Thank you. All right, anyone --
Mr. Migoya: Mr. Chair, may I add one point? As we looked at this from a departmental standpoint and looked at the feasibility of this plan, we believe there's some short-term solutions that we can work on. For example, you know that North Point, we're already building -- or we're going to start building the mountain bike trail, so I think that's going to be important in this. The other piece is that we believe that we can get the funding -- provide the funding to do the dry-stack removals, build a garage, and do the marina if there's a feasibility to the marinas. We already have CIP (Capital Improvements Program) and the Asset Management people
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working with DERM and the Army Corps of Engineer [sic] to look at the feasibility of building the marina. If we do that, we believe that the -- on the investment would have there by us running that Marina, not including any revenues from the garage at this point; just from that, we would have a 16 percent return, which will be substantial. So we would have not only monies that would also help generate towards the general fund, but also we would be able to with monies that we could get from the RFP (Request for Proposals) on the MEC (Marine Exhibition Center) and revenues from the garage to have further support of monies for the rebuild of the Stadium itself. So we strongly support this plan as a very feasible project for us.
Chair Sarnoff: Thank you, Mr. Manager. Mr. Mayor.
Mayor Regalado: Thank you, Mr. Chairman. I'm also here to support the plan. I would like to first thank Jorge, Hilario, Dr. Bush, Dade Heritage Trust, Friends of the [sic] Marine Stadium. The community has come together not only to save the Marine Stadium, who was in danger of being demolished, but to save the whole Virginia Key. And we -- the Manager has specific plans for marinas and -- but we are also working on the Marine Stadium renovation. There is a window where we could access funding for the renovation before December and we're working on it. It's a possibility. We still have to come to the County with a feasibility plan in the next now 12 month [sic]. So there is a real, real possibility that we could start the renovation of the Marine Stadium in several month [sic], less than a year, so it is because of the community. And I am so happy that this has changed completely from what it was before. And I understand that past Administration had their ideas of what it should be, but I think this is a -- the first real plan that has been crafted by the residents, by all the groups that care about environment and historic preservation, love for nature. So I'm very proud to have been part -- small part in this process. Thank you.
Chair Sarnoff: Thank you, Mr. Mayor. Anyone else from the public wishing to be heard on PZ.1, please step up. Folks, I'm going to ask you step behind the podium so we get a -- at least a read on how many people are going to come up. Let's use both podiums. You're recognized for the record, Becky. Becky Matkov: Okay. I'm Becky Matkov, executive director of Dade Heritage Trust, Miami's largest nonprofit historic preservation organization. And on behalf of Dade Heritage Trust, the organization which nominated and secured the historic designation of the Marine Stadium, thus saving it from demolition, and the organization which has been pushing forward the initiative to save and restore this icon of modern architecture, we heartily endorse this version of the Virginia Key plan. The DHT (Dade Heritage Trust) trustees, Jorge Hernandez and Hilario Candela and the UM (University of Miami) School of Architecture and Don Worth, a DHT trustee and cochair of DHT's Friends of Marine Stadium, have donated hundreds, even thousands of hours to this endeavor. This plan may not give everyone everything they want, but it is carefully thought out, respectful of preserving green space and public access, and it keeps the Miami Marine Stadium as the centerpiece it so richly deserves to be. We urge your support of this. Thank you.
Chair Sarnoff: Thank you. Yes, ma'am, you're recognized for the record.
Caitlin McClearon: Thank you. My name is Caitlin McClearon. I'm here on behalf of the Tropical Audubon Society. Unfortunately, our director had to leave to go to another meeting, but this is an issue that's of great importance to Tropical. We've been involved from the beginning, and we're very proud to be part of the public planning coalition. I'd first of all like to thank the City for allowing the public to be a part of this process, for listening to us, and allowing us to bring to you an improved plan. And, of course, I'd like to thank the UM studio and all of the other residents and community organizations that have been a part of this process. I'd like to share with you some of the things that we hope to see as this plan goes into the implementation phase, as we hope it will. First of all, we'd like to see increased educational opportunities. We're very eager to see a presence of the National Park service in the marine
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basin area. We'd like to see an emphasis on restoration and conservation, which is a big part of the North Point area that you saw in the plan. We'd like to see improved signage in the critical wildlife area, and we're very interested to see a public boat ramp in the marine basin area. This is something that members of the public have spoken very strongly about at all the charrettes and meetings that we've had. A few areas that we're concerned about: first of all, the landfill site, which has been, of course, a seriously contentious issue. We believe that it needs to be thoroughly cleaned and there needs to be a very thorough evaluation before anything can move forward. A recent study indicates that there is pollution linking from this area, so of course, that's a serious public health concern. And of course, we want to make sure that there are no lights during the turtle nesting season because this is, of course, a sensitive issue for wildlife. We're concerned about the water taxi system. We hope that the City will work very closely with DERM and the Marine Animal Rescue Society to ensure that is no threat to manatees. All in all, we're very supportive of the plan, we're very excited to see it here before you today, and we hope that you will support it. Thank you.
Chair Sarnoff: Thank you. Yes, sir.
Don Winer: My name is Don Winer. I'm a former Mayor from a community to the north. I'm a former officer and boat racer for Florida Inboard Racing Club. And I'm a former member of the Treasure Coast Regional Planning Council. I'd briefly like to read an e-mail (electronic) I sent to the Commission, to Mayor Diaz and the Commission in April of 2007. Your Honor and Commissioners, Miami is about to lose a structure unique in the world to what some misguided individuals call progress. Throughout history great leaders have also been great visionaries. Is there not one of you who has the vision to find a way to restore the Miami Marine Stadium to its former glory with new and innovated uses? Is there not one of you who can step out of the cookie-cutter mold and demonstrate the qualities of a true leader, or is Miami destined to become just another giant Wal-Mart Supercenter? Do something bold. Save the stadium and show the world how great Miami can be. That was when the environment in the Commission was to bulldoze everything. That was in 2007. I had the courtesy of a reply from two people; one, Commissioner Sarnoff -- Chairman Sarnoff, and the second I will read you. Dear Mr. Winer, unfortunately the vision of most of our City leaders is a giant Wal-Mart Center. I don't know if you follow the City Commissions [sic], but most of the time I am on the losing side. I believe that the Marine Stadium could and should be preserved for my activities. Thank you for your comments. Best regards, Tomás Regalado. Clearly --
Applause.
Mr. Winer: -- Mayor Regalado has heard my call and risen to that vision. I thank you very much for that. My final comment is, I spent many years on the Treasure Coast Regional Planning Council as an elected official. During that time I reviewed, passed on, and rejected numerous, countless DRIs (Development of Regional Impact), master plans. I must tell you that watching the progress that Mr. Hernandez and his group and all of the team went through in building consensus, doing the planning charrettes, putting it together, they've created one of the most unique and outstanding plans I've ever had the measure of seeing. I'd like to commend all of them on that work. The ingenuity, the creativity is brilliant. Finally, as someone who began inboard hydroplane racing in the 1960s and for 20 years was an officer or involved in Florida Inboard Racing Club, promoting and putting on races, I want to thank you for giving this attention for the possibility of restoring the Marine Stadium to what it was. And thank you all for listening. Appreciate it.
Chair Sarnoff: Thank you. Yes, sir.
Sam Van Leer: Good afternoon. My name is Sam Van Leer, 1200 Northeast 89th Street. I am the executive director of Urban Paradise Guild, although today I'm addressing you as a public citizen. I have been actively involved in the public planning process since 2007. I attended
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every single public meeting, whether our comments were welcome or not. And I was the author of the plan for the September 2009 charrette, where I served as the facilitator for the North Point and natural areas table. The plan you have before you represents four years of work, hundreds of citizens involved, thousands of hours, as you know. And I really do appreciate that the City Commissioners, especially Chairman Sarnoff and the Mayor, have created this possibility; have listened to the public. The North Point area is unique and it creates unique possibilities for environmental education and recreation in a natural setting. One of the elements that was part of the consensus developed at the 2009 charrette was buffers for different areas of human use, between those areas for safety and to create a more natural experience because the last thing a hiker needs is to see a mountain biker or hear a mountain biker rushing by just a few yards away. So 30-yard wide buffers were mandated at that charrette and they should be included, although they're not in the graphics. I've been assured by Enrique Nunez that they will be included in the narrative for the plan. The consensus that we developed at that charrette did include the mountain biking community, who I personally invited, and so they have -- they were in agreement with this concept. With regard to the boat ramps, that was another consensus item. I think we all do need to realize, however, that this is also a regional issue. And as our population has gone up, our capacity has gone down, so we need to be thinking as a community, as a County, as a City about this issue for long-term planning. Finally, zoning provides an essential level of protection for natural areas that does not currently exist. There is no zoning code for parks. It's currently zoned as civic space. That, unfortunately, allows 25 percent of the surface area to be built with buildings. That does not include parking lots, walkways, tennis courts, baseball diamonds, et cetera. What we need are multiple layers of protection, one for city parks to provide that capacity for us so that we don't become a city full of couch potatoes. Another is --
Chair Sarnoff: I need you to conclude.
Mr. Van Leer: Yes, sir. Finally, in conclusion, we do need to have protection for natural areas as well, conservation with recreation. Thank you very much.
Chair Sarnoff: Thank you. Yes, sir.
Agustin Saavedra: Hi. My name is Agustin Saavedra. I live at 20501 Southwest 167th Avenue. I'm a member of South Florida Trail Riders. And in 1988, we were allowed to use Virginia Key for our horses and take them into the beach and do a bridle path. After Hurricane Andrew, we lost a bridle path. And this is a great program you're doing, but we would like to see if we can get our horses back into Virginia Key Beach. Thank you
Chair Sarnoff: Thank you. Yes, ma'am.
Carrie Cleland: Hello. I'm Carrie Cleland. I'm the chair of the Parks Committee of Miami Neighborhoods United. And I'd just like to say that for -- on behalf of Miami Neighborhoods United, we support the coalition plan, and we thank the many people who worked so hard on this extraordinary effort. And we do, however, have two issues that we would ask you to please consider. One, we could really like to see a boat ramp included in the marina section with, you know, I guess a minimum of 30 spots. I think we've been -- we've heard that's feasible. We think that 30 is better than none. And one other little issue, we would recommend not creating athletic fields on Virginia Key at all as -- we feel these facilities belong in neighborhoods where they're more accessible to most of the citizens of Miami. But if you do go ahead with creating athletic fields on the area designated by the coalition plan, please put no lights because they really could harm the wildlife. And again, just -- we really are happy about this coalition and the plan.
Chair Sarnoff: Thank you.
Ms. Cleland: Excited.
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Chair Sarnoff: Yes, sir.
John Van Leer: Hi. I'm John Van Leer, at 1200 Northeast 89th Street, with the UEL and the University of Miami. I'm very pleased to see this coalition plan come forward. I've lived on Key Biscayne in the '70s. I was active in issues regarding Virginia Key, which included things like World's Fair sites, gambling casinos. There's been a whole hodgepodge of things that didn't represent the public interest, and I'm absolutely delighted to see that the City has embraced the public planning process and has allowed this group to come together to coalesce and to bring this to a conclusion. And I'm also glad to see that there is interest in -- exercise in this. I was instrumental in getting an extra lane put on each of the bridges during the rebuilding of the Rickenbacker Causeway when the high bridge was put in. And so there is ample space. And so there's been a real growth in biking, which is wonderful to see, but it's gotten to a point where we need some additional control. And there is a bike path that's separated from traffic. It's not large enough to accommodate the distance riders that use the place now, but there may be some ability to schedule one lane on weekends for bicycles, or something like that, so that this becomes not a source of hostility, but a source of celebration that we have all these people who are trying to remain physically fit. Thank you.
Chair Sarnoff: Thank you. Yes, ma'am.
Pamela Sweeney: Good afternoon. Thank you for your time today. My name is Pamela Sweeny. I manage the Biscayne Bay Aquatic Preserves on behalf of the Department of Environmental Protection. And we manage 70,000 acres that run from the headwaters of Oleta River down to Card Sound and Virginia Key is included in the BBAP (Biscayne Bay Aquatic Preserves) boundaries. And I just wanted to just bring a few topics to light. Overall, our office is really pleased with the plan and how it's developed. One thing that I wanted to just mention is we are pleased with the public's appreciation and the Commission's appreciation for the Bill Sadowski critical wildlife areas designation as our state's only marine critical wildlife area and as such it's actually closed off to the public, but we're excited that there's a visual access to the bay through the observation deck, and maintaining the integrity of this boundary is really critical. I also just wanted to mention that we support the no lighting concept that was being proposed in any of the recreational fields that may be constructed. Sea turtles frequently use not only the aquatic preserve, but also Biscayne National Park, which also abut Virginia Key, and respecting the ecological integrity of the North Point, it should definitely be maintained. We're excited to have the Historic Miami Marine Stadium in our preserve, and we'd like to just encourage continue working with the City and others to ensure that any of the activities being proposed have the least amount of environmental impact possible moving forward. The other idea that we wanted to express was the -- hitting on the water taxis. Well, we definitely encourage physical and visual access to the bay and being able to provide access to some of the islands within Biscayne Bay, we just want to make sure that some of the issues surrounding water taxis, such as increasing the amount of visits or travel inside of Biscayne Bay, particularly in the areas that manatees frequent, is considered. And lastly, sort of unrelated to the Virginia Key Master Plan, but something that's important to the preserve, is providing boaters access, and we'd like to see the Dinner Key, otherwise known as Seminole Boat Ramp, be maintained as environmental impacts are already occurring there, and proposing a new boat ramp elsewhere would also introduce new environmental impacts.
Chair Sarnoff: Thank you, ma'am.
Ms. Sweeney: Thank you.
Chair Sarnoff: Yes, ma'am.
Joyce Meyers: Good afternoon. My name is Joyce Meyers. I live at 3110 Segovia Street. I've
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had a 30-year long career as a city planner, the first 20 years of which I was honored to serve this City; and at about 1977, I played a major role in developing a master plan for Virginia Key and it's remarkable how similar the issues are. I'm here to strongly endorse this plan. I understand that there are some concerns remaining about traffic and parking, especially from the residents of Key Biscayne, but I'm very confident that as the implementation of this plan progresses, that there are ideas and issues on the table that are very workable, and especially under the leadership -- excellent leadership of Assistant City Manager Johnny Martinez, that those problems can be solved and this plan will be a success. Thank you.
Chair Sarnoff: Thank you. Yes, sir.
Robert Vernon: Thank you, Commissioners.
Chair Sarnoff: Mr. Mayor.
Mr. Vernon: My name is Robert Vernon, and I'm the Mayor of Key Biscayne. I'd like to -- I'm not here to object to this plan, although we do have serious, serious questions that have yet to be answered after four years of meetings. Four years ago I met, for the first time upstairs, with both County and City officials to discuss the very first master plan presented by EDSA. We were given this master plan and immediately called to question several points that have yet, four years later, to be addressed. I applaud the Coalition for the work they've done in downsizing that plan, but still, the questions we have have yet to be addressed. The Causeway, as it sits today, is at capacity. As it sits today, doing nothing, is at capacity. I find it ironic that right inside your door here, it says that 155 people, no more can come in. That's why you have them lined up outside because it's hazard -- it's dangerous and it's unlawful. At what point does the Causeway, which is the driveway to 13,000 residents and taxpayers, become saturated? Nobody has said -- nobody has given us that number. I've seen a traffic study that stops at Bear Cut Bridge. Well, there's a million people a year go to Bill Baggs State Park, four million people a year go to Crandon Park, a half a million a year go to the Key Biscayne golf course, two hundred and fifty thousand go to the tennis tournament every year. Nobody has addressed how these people are going to get to a new stadium. Or are they going to go to a concert and have to wait two hours to leave it? Nobody has addressed those things. And what concerns me the most is after four years of meeting -- I attended five meetings, two workshops; seven meetings total. This was put off in October, I believe, of last year. Sometime in February I received an e-mail about a meeting that was going to take place at the Rusty Pelican. I was unable to attend. And the next thing I know, I read in the Miami Herald that they're voting on the plan today. The largest stakeholder in this plan are the 13,000 residents of Key Biscayne. We -- I went to the Marine Stadium. I've lived on Key Biscayne 53 years, born and raised. I've been to the Marine Stadium for concerts, The Doors, Rare Earth, Steppenwolf. I mean, those were the days. We would love to see that stadium be reserved and restored, but the problem is you have two governmental agencies that can't decide what's going to go on out there. And when it does go on out there, it's understaffed and it's total chaos. You cannot leave Key Biscayne. I can tell you seven times, from February 1 to June 1, where it took two and a half hours to drive six miles. That's totally unacceptable. And we are creat -- you are about to adopt a plan that is going to add traffic. I gave you each a handout. That's every single Saturday and Sunday, okay. We widened the bike lanes on Key Biscayne when the County and the City widened them along the Causeway. They don't use the bike lanes, with all due respect to the riders. They don't use them. I'll take the -- I'll show you these pictures every -- I'll take time lapse photos. This is going over the top of the bridge. There is one lane open to traffic, two lanes to bicycles, plus the bike lane. On this particular morning, traffic entering Key Biscayne was backed up to the toll gate, entering, and that's with nothing going on out there, except a beautiful beach day. There is a problem out here, and all's we're asking is before you adopt something which now, I find out, you have funding for already, which is amazing -- you know, where did all this come --? I mean, four years, all of a sudden -- Councilman Suarez, you said earlier today, when voting on the media towers, that this was going to be a different Commission; that this was going to be a Commission
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that reached out to the neighbors and notified them; and that we're partners in this. I'm lost for words. I mean, it's unbelievable that not only is this plan ready to be adopted without any of our concerns being addressed that should also be your on concerns, but you have funding for it already and in a city that every time you pick up the paper is talking about cutting this and cutting that and -- you know, and now you have a funding source for the Stadium and Virginia Key in general. Also, the parking numbers that are in this plan are very misleading, okay. The parking that exists there today is not in use. It's not in use, so nobody is parking in it now. What they're creating is new parking. So not only is the parking that they're counting not usable, but what they're going to green over is parking. It's just going to be green when the venue is not on. When there's an event in the venue, there're going to be cars all over that green space. So it's a misleading number. We were told the parking garage is going to be three stories high. In the last two days, I heard it's at least going to be five stories. I heard the swale parking was not going to happen under any condition, based on a County spokesman. Now I hear today it will very much happen. These are all things that I'm asking you all to take a deep breath. This has been a four-year process. Just say -- give us 30 days. That's all I'm asking for, 30 days to get the answers to these questions and we become -- you know, we stand right next to you in support of this. But if you can't give us those answers, we cannot support this. And it's going to be -- I'm not even going to go down that road, but believe me, I think it's best for everybody, including all the principals that have worked very hard on this plan, to all be on the same page. And their -- listen, a plan -- we've adopted many plans out on Key Biscayne, and you're not going to get consensus on all of them. We don't expect consensus on this. But nothing since day one four years ago has been answered and that is very concerning to us. Mr. Chairman, I thank you for your time. Commission, I thank you for your time. And please, all's I'm asking you is a 30-day extension. And the only reason I don't believe you would grant us that is if you need something in your upcoming budget funded for this project. And if that's the case, then that's the case. This is going forward no matter what anybody stands up here and says. Thank you very much.
Chair Sarnoff: Thank you, Mr. Mayor.
Fran Bohnsack: My name is Fran Bohnsack. I'm the president of the Urban Environment League, and I did send Mayor Vernon the e-mail he alluded to, and met with him and also the City Manager quite recently. They do have some real problems with vehicles on the Causeway and getting home to Key Biscayne. We're totally empathetic with that, and we would really like - - and I've tried to express this -- to work closely with them. There's a huge commitment from the people who were motivated to do this. The reason you're seeing it now is because we got a very clear direction from you all -- actually, from you, Mr. Chair, to have this done by this time, but we recognize that there are things that need to be tweaked and that can be improved. And I think, if you would allow us to work with them or direct us to work with them, we could be quite successful. And I would ask that you not delay -- if you're inclined to approve the plan, I would ask you not to delay it because delays turn into complications, turn into shelving, et cetera. And you did hear from your former City planner, one of the most excellent planners I've ever met, that she believes it's quite feasible that we can work out these issues and I do too, so I'm hoping that you will consider that.
Chair Sarnoff: Thank you. Anyone else?
Bob Skinner: Yes. My name is Bob Skinner, and I live on Key Biscayne and have lived there for the last 35 years. I don't find it too difficult to drive in and out of Key Biscayne most of the time. I've attend most of the meetings and the charrettes and various meetings regarding this Virginia Key Master Plan, which we totally support. And I haven't heard at all anything from Key Biscayne. I've attended these board meetings, the last two or three; nobody from Key Biscayne ever got up and said anything about traffic. I didn't hear it at the charrette. I haven't heard it anywhere else but just today. (UNINTELLIGIBLE) been here for most of the meetings and we've invited them. It's been in the Key Biscayne papers. And this is the first time I've heard the Mayor get up and say a word about this traffic business. I also want to endorse the plan. I also
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involved with the National Park Trust, the South Florida National Park Trust. And we're going to have a position out here on the Key, as you see in the plan. And I think it's a wonderful thing. I also would like to just suggest that you keep the lights out of the playing fields in the area so that we can protect the turtles. But back to Key Biscayne, many people on Key Biscayne love this plan. They like the green. They like all about it. And it's not only about people on Key Biscayne, although I live there. This is a community plan. This is the City of Miami, Dade County; that you're endorsing a plan for the whole county, not just one specific thing. I think you ought to keep that in mind. And I stress very strongly you don't delay it. We put thousands of hours of volunteer work in. We worked very hard. We sat through hundreds of meetings, and we're ready to go, and I think we ought to go today. Thank you very much for your help.
Chair Sarnoff: Thank you.
Donald Worth: My name is Don Worth. I'm a resident of 1390 Ocean Drive, in Miami Beach. I'm also cofounder of Friends of Marine Stadium. My particular sliver of the master plan is the Stadium use, management, and financing. And from that point of view, it works very well. Over the last two years, we forwarded to Jorge and Hilario numerous promoters and event organizations. And the flexible space they've designed makes the plan really successful, I believe. My own sense of whether or not the Stadium is feasible after two years of working on this, when you start these things, it's a leap of faith. It's a challenging job to do, but I believe it's achievable, and the results for the community are going to be sensational. I'd like to talk for a second about Key Biscayne 'cause we've made real efforts to reach out there. I spoke at the Key Biscayne Rotary Club in January of 2010. The reception I got was so favorable; I was referred to the Key Biscayne Chamber of Commerce in April of 2010. This is a front-page story in the Key Biscayne Islander, April 22, restoring Miami Marine Stadium to its former glory. There's a little box here that says, “The Key Biscayne Chamber of Commerce will sponsor an informational forum tonight, April 22. The event is open and free to the public.” We have had numerous major stories in Key Biscayne Islander, many of which were supportive, as well as Key Biscayne Monthly. We have many, many members of Friends of Marine Stadium. I frankly have not gotten one negative e-mail from anybody on Key Biscayne about the traffic. When we discussed these things at the Chamber, there was concern of traffic mostly, but we talked about the two benefits that the Stadium can be to the residents of Key Biscayne. One is traffic related, which is that you have -- going to have a five-minute reverse commute to one of the great facilities of the world rather than schlepping into Miami traffic. Second is the business impact because frankly, the tennis tournament does not generate returns for the business community in Key Biscayne. So we talked with the Chamber about really linking them up to the ultimate organization that will manage the Stadium and the promoters so we can make this work for the Key Biscayne economy. As a resident of Miami Beach, we deal with these special events and mitigation plans all the time. And I can tell you, William Carey, who's assistant City manager -- assistant director of Planning for the City of Miami Beach, he was here. He had to leave. He would have talked about how we can work together and solve these issues. Just finally, let's look to the future because we all know that this is just a plan. I'm sure in your shoes you hear plenty of promises. As Friends of Marine Stadium, our promise to you is we will continue doing community outreach. We made 25 presentations to groups in the last year. We will continue building national and international support. And we will continue bringing resources so that we can work with the City to bring this thing off. I am sure there are a lot of cynics in Miami who thinks this is another master plan, it's never going to happen, it'll hit the shelf, we're being laughed at, the City'll never do it; groups like us, well, we're well intentioned, but ultimately, we're naive and we're in way over our head. So let's prove them wrong. We're ready. We're up for the challenge. And that gets back to today right now, as the Mayor suggested, we need you to approve this plan today. We have to get cracking on the work that the County requires to satisfy the requirements for the $3 million grant. No reason to delay. I can tell you, if you do approve it, which we hope you do, a bunch of us, we're going to go to Scotty's. We're going to have a beer. We're going to celebrate for about five minutes. We're going to spend the rest of the time talking about next steps. Let's go. Thank you.
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Chair Sarnoff: Thank you.
Mr. Worth: Thanks.
Mr. Hernandez: Just for the record, I'd like to make it clear the parking structure, the only one parking structure in the plan was pointed out, it has 300 cars in it. There are 2,100 marked spaces. We understand they are fenced, but they are used during special events, because I have been to numerous rowing regattas where the fences are pulled over and the spaces are used. And lastly, we did meet with the Mayor, and we did have a good meeting, and we're happy to continue meeting to make this plan good for all. But when we met with him, we did tell him that Commissioner Gimenez did want to take leadership and did want to talk about having this be a County and City and regional plan to back in terms of solving the parking and traffic solutions, and we look forward to his leadership on this as well. And we want to make this everybody's plan. Thank you very much.
Chair Sarnoff: Thank you. Anyone else in the public wishing to be heard on PZ.1? Hearing none, seeing none, coming back to this Commission. Mr. Manager, would you like to give us any advice?
Mr. Migoya: No. I go again. After reviewing the plan, I think it's a very feasible plan. It's something that we support. We believe that we can get the funding from the things that we're looking to do to make this work. And this is the kind of plan that not only is it very community friendly, but one where we can also financially have a big gain from. So I think it -- from that standpoint, the Administration fully supports this, and we believe we can come up with a feasibility plan that gets the majority of it. However, in addition to that, yes. If you'd like an autograph of my picture, I'm happy to do so at any time that you wish.
Chair Sarnoff: All right. Is there a motion? Discussion.
Commissioner Dunn: I'll move it. Discussion.
Chair Sarnoff: We have a motion by Commissioner Dunn --
Commissioner Gort: Second.
Chair Sarnoff: -- second by Commissioner Gort.
Commissioner Gort: Discussion.
Chair Sarnoff: Commissioner Dunn, you're recognized for the record.
Commissioner Dunn: Thank you, Mr. Chair. Just have a question, if someone -- a representative from the -- It is my understanding that this is like a master plan. In terms of a master plan, the definition of a master plan, in general, pretty much -- help me understand this -- serves as an important policy guide and it describes a broad vision for the future, such as, I'm sure, you have demonstrated earlier. It also provides the core philosophy that it directs all public and private decision-making regarding the future physical development for -- like -- such as Virginia Key. Is that pretty much the definition of a master plan, in general?
Mr. Hernandez: Sounds like you may have written the textbook. It's implementable over time and it also can be modified so long as those modifications are appropriately vetted through the correct processes.
Commissioner Dunn: So this pretty much -- Mr. Chair.
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Chair Sarnoff: Oh, please, have colloquy.
Commissioner Dunn: Okay. So this is pretty much not a hard-and-fast document, carved in stone, but merely a guide?
Mr. Hernandez: That's right. Yes, it is.
Commissioner Dunn: Thank you.
Mr. Hernandez: Yes, it is.
Chair Sarnoff: Commissioner Gort.
Commissioner Gort: My understanding, by approving this today, we're approving the work that's been done by so many people for so many hours. It doesn't mean that it's going to be implemented right away. I am sure that we can sit down with the Key Biscayne and work with them and with the County. We have to bring the state, the County, and everyone together to solve the problem of traffic. I mean, if we create this facility, we want to make sure the people go in and out as fast as possible. Now the problem with the bicycles is enforcement. I don't know whose duty it is to enforce the bicycles to make them use the path. I don't think that's anything to do with the entertainment we had there. I think somehow we have to talk to your police officer or whoever does enforcement and make sure that the people on the bicycles, Mr. Manager, use the right lane. Thank you.
Mr. Migoya: I'm happy to give you an answer on that if you ever wanted to hear why the bikers don't, but that's a different story.
Chair Sarnoff: You want to let us know?
Mr. Migoya: Somebody made the statement -- and obviously, this is not up to us; this is County issues. The road is County and not City. On Saturdays and Sundays there are literally thousands of riders out there. And in spite of what they said, the majority -- I don't know any time that there have been, with the exception of when there's a triathlon out there, a time in which they have actually blocked a lane for bike usage. That's been proposed before. Right now all you have is a bike lane that's approximately seven feet wide and you got thousands of riders on it and people going anywhere between 13 miles an hour to 30 miles an hour, so it's physically impossible to have that many people going through a bike lane of that type. So the proposal has been on Saturdays and Sundays to, you know, block out one of those lanes to have a more safe and friendly bike lane that can be used by all the people. And there is one peloton, of which I'm unfortunately one of, there's about 80 or 100 of us on Saturdays and Sunday mornings and it's very difficult for that group to go through. We do go fairly fast, so we're not breaking the speed limit, but we are doing 30 miles an hour, so therefore, we should not be holding anybody up. But that's the peloton everybody gets upset about, not only in Key Biscayne, but they get upset about us on Bayshore Drive as well, so --
Vice Chair Carollo: Mr. Chairman.
Chair Sarnoff: You're recognized for the record, the Vice Chair.
Vice Chair Carollo: May I suggest a bike lane camera? Anyhow, with that said, I just have a few questions. With regards to the plan -- and keep in mind -- and that's what I'm basing it on -- it is conceptual. It can change. And I believe every component has to come back to this Commission for approval. So with that in mind, I just have a few questions. First of all, why are we keeping Jimbo's?
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Mr. Hernandez: It's beloved. It's been -- not by me, but it is beloved -- there for a long time and not -- unlike Stiltsville, we will let nature take care of Jimbo's in time.
Mr. Migoya: And they have great smoked fish.
Vice Chair Carollo: It could outlive us.
Mr. Migoya: They do have great smoked fish, although we don't know exactly where the fish comes from.
Vice Chair Carollo: Another question. What will be the cost of the restoration of the Marine Stadium? I'm hearing various amounts. And is there something concrete? Is there something pretty solid that --?
Mr. Hernandez: It's a -- let me say, it's a three-part answer. The first part is that everybody thought that structurally it was in very -- in a very bad state. Dade Heritage Trust and Friends of Marine Stadium and lots of organizations that were here earlier, like the Villagers, along with the World Monument Fund and the National Trust, paid for a $70,000 intrusive structural forensics test last year; was a gift that we gave to the City as part of our quest to bring attention to this structure. The organization that did the test is a world renowned structural analysis corporation. They were actually called in to do the same test after Hurricane Andrew. It was invaluable to have comparative data from 1992 to 2009. They said that the roof, which is what everybody thinks is in trouble, is in remarkable shape. The only portion of the stadium that needs some restructuring are the first five rows of seats because those are cantilevered over the water. And the wake action over time and the lack of maintenance, so all the deferred maintenance has brought the greatest decay there, but they were very, very positive. They do these kinds of things all over the country. They said it's in very good shape. Now they estimated a range of about five and eight million to bring it back structurally, okay. The other part of the answer has to do with what's the quality of the sound system you want. I mean, it's a very different time now. Sound systems are in a different place. So we need to know more about that, what type of seats do we want, what kind of sound systems do we want? But in all the estimates we have, we think it's going to be about $20 million to bring it back. Is that correct, Don?
Mr. Worth: It's hard to say. I mean, I -- I mean, the City estimated the nonconcrete work to be about $15 million two years ago, but frankly, we really need to take a close look at it both for accuracy and comprehensiveness. So -- I mean, I'd be -- it's why we're trying to do more studies, because we say numbers and then people hold you to the numbers; and then the numbers are wrong, and everybody says, oh, they're lowballing it again. So we know that the concrete restoration portion, we can comfortably say --
Mr. Hernandez: Was a third of what was thought.
Mr. Worth: Yeah, yeah. It was -- the City had estimated 15 million. SGH (Simpson Gumpertz & Heger) and SPS say five and a half to eight and a half million, and this is based on real testing.
Mr. Hernandez: All of the steel -- there was foresight at the time to make all of the steel in the structure galvanized, so it has weathered very well against time.
Mr. Worth: We're still working on it. I wish we could give you a firm answer. You know, we need money to get more answers, and we'll be working with the Administration on that too. Vice Chair Carollo: You're right. And I asked and I don't think I really got a clear answer. But I asked because I'm hearing all these figures thrown out there and, you know, maybe a -- you know, if some of those figures were tied to it would cost this much to do this and that much to do that and, you know -- 'cause -- I mean, I'm seeing such a fluctuation and actually much higher
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than what you all told me, so I don't know if it's additional --
Mr. Worth: What did we tell you?
Vice Chair Carollo: Well, I think you told me 15. I think you told me --
Mr. Worth: No.
Vice Chair Carollo: -- 5 to 8.
Mr. Hernandez: Five to eight for the concrete restoration work --
Mr. Worth: Right.
Mr. Hernandez: -- but -- so it's five to eight for the concrete restoration work. That will restore the concrete on the Stadium, but that doesn't take care of the sound system. That's why I said there's five to eight for the concrete restoration work.
Mr. Worth: Yeah.
Mr. Hernandez: But then --
Vice Chair Carollo: Yeah. But I think he said the concrete would be about 15.
Mr. Worth: Nope.
Mr. Hernandez: No.
Mr. Worth: Five to eight.
Mr. Hernandez: No.
Mr. Worth: The City had said 15 million. And what I have to say has happened. You could go back on our Web site --
Mr. Hernandez: Don, hang on. Let's make it clear.
Mr. Worth: Yes. Go 'head.
Mr. Hernandez: The City had a report before we paid for the first intrusive report. It cost $70,000. The City had a report based only on visual inspection, and that report came out of that number that the concrete restoration, when viewed only as a visual report, they estimated would cost $15 million and slightly upwards. That's why we paid -- the citizens raised money and paid for an independent report by an internationally renowned company that did intrusive work and they said five to eight. It was -- the low number was a third of what the City had established visually. That was in '08. That was then, another Administration, another Commission.
Mr. Worth: But Jorge, what happens is people forget the everything else, which is the electrical, the plumbing, the bathrooms, the railings, the seats. And what's unfortunately happened, in the press the numbers that have come out -- I've seen it in the Miami Herald and Miami Today -- have been low. And if you go back to our updates, which you can see on our Web site, we've sent out several corrections where we've tried to be very precise as to here's what we know and here's what we don't know. We don't know some of those answers yet.
Vice Chair Carollo: The other -- so as far as the plumbing and electrical and so forth -- I mean,
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I could see the sound system. A sound system, you know -- I don't want to say it's a luxury, but -- you know, 'cause we need it, but --
Mr. Worth: Yeah.
Vice Chair Carollo: -- we could go -- I think we could have a wide range, so I could see that. But I mean, as far as plum -- you know, structural; plumbing, electrical, and all that, water. What else are we looking at? For the cement, we're looking at five to eight.
Mr. Worth: Well --
Vice Chair Carollo: How 'bout [sic] the plumbing? How 'bout [sic] the electrical? How --?
Mr. Worth: We haven't done that study yet. Remember, we're an all volunteer organization. We're hustling to find money. We're not throwing numbers out there. And we need experts to tell us -- I'm not sure that the City's report of two years ago is either comprehensive or accurate.
Mr. Hernandez: Right.
Mr. Worth: And that's something that we'll assist the Administration on funding that separate study.
Mr. Hernandez: The one thing that we have done, Commissioner, with the University of Miami students, since we've done this three semesters in a row, we have looked at solving all of the ADA (Americans with Disabilities Act) issues and we've looked at how it needs to be restored to satisfy the National Register of Historic Places. The reason why the satisfaction of the National Register's important is that if -- when this becomes a part of the National Register, we can still sell historic tax credits to $0.18 cents on the dollar, so the dollar just got a lot cheaper. So we are -- again, this volunteer group is working really hard to try to aid you with the answers, but we're doing it for free, so --
Vice Chair Carollo: Okay. Mr. Manager, it's my understanding also that with the dry storage and so forth there may be some movement where actual tenants that are leasing -- are currently leasing may be moved or misplaced. I understand this is all conceptual. However, should something like that happen with the Orientation Center or -- I've heard Marine Exposition Center and so forth. I've heard different things that may be going in there as far as, you know, from restaurants to a museum to retail to even a boat dealership. Could you elaborate a little bit more on that? And my question is would anyone that is a current lease tenant there be able to move into the Orientation Center or the Marine Exposition Center or so forth?
Mr. Migoya: Well, I'm -- I can only speak to what the piece that we're talking about. Our proposal is to move the dry docks a little further east to make room for the garage. The garage would have a first floor with retail space availability, of which you could -- in that first floor space availability, you could probably have some of the current -- the two current (UNINTELLIGIBLE) you have there --
Vice Chair Carollo: Right.
Mr. Migoya: -- which is the restaurant and the marine supply, that kind of stuff, among any other tenants on that first floor space around the garage. So what we're talking about is moving the dry dock, building the garage, and building the marina, which is the 200-slip marina.
Vice Chair Carollo: And each one of those components will have to come back to this Commission for approval, correct?
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Mr. Migoya: Of course. The idea here would be -- we are working right now -- the key to feasibility here is the feasibility of the marina. So we're actually working on -- with DERM, as well as the Army Corps of Engineer [sic], among others, to try to figure out the mediation and the cost of the mediation to make sure that this is feasible. If it is feasible -- and that's the key because obviously there's a shortage of marina slips in South Florida. This will be the key funder for this whole thing. So if we can make that happen, that will be the piece. In addition to these three pieces that I'm talking about, there will be an additional, which is being called a MEC or a -- some kind of commercial center. It will be right in front of Marine Stadium. That would be the place that you'd have some museums and some other things, but that would be something that will be put out for an RFP or some sort to let -- you know, to figure out who'll make that feasible. The piece that I'm proposing that the City runs ourselves because of the investment behind it is the piece of the moving the dry dock -- the cost of moving the dry dock, building the garage and building the marina, and then us running ourselves at a return -- at a pretty significant return of 16 percent.
Vice Chair Carollo: Thank you for that. And the MEC, you're talking about the Marine Exposition [sic] Center or Orientation Center that I think you were mentioning.
Mr. Migoya: The Exposition [sic] Center will be what that other piece is that, obviously, we would allow -- I believe there's already some interest in building that. And what I said to you was that the income that I'm talking about is strictly income from the Marina. So income from the garage or from that Exhibition Center could be used as ways to raise money to help fund the -- whatever we need to do for the Marine Stadium. I just want to add one more piece, which is important. That dol -- I would not rely anything on the dollars right now on the cost of Marine Stadium because we have heard anything as low as $8 million, as high as 30, $35 million. We are working on -- I mean, trying to get some estimates of what that looks like, and it could be anywhere. So I'd rather not at this point speculate on what that looks like. Let's go ahead and make some studies and then from that, we'll make a determination as to what we need to do.
Vice Chair Carollo: Fair enough. Fair enough. One last thing. Again, this is conceptual. So my question is, approving this today is a conceptual, so that still means that we can address the traffic issue, we could address, for instance, someone that may want to come with horses or -- I don't know -- different ideas that were put out there. We could still study some of these ideas and actually, you know, approve them in the near future, correct?
Mr. Migoya: This is strictly a master plan, which basically is a compass or heading in which we're going to go, and then from there, obviously, we make determina -- One of the conversations that's been had is since the County has rebuilt the beaches around there and now have less parking space, that there might be more usage for a garage if we were to put a garage on the other side, so how you'll get the people from one side to the -- the pedestrians from one side or the other coming off the bridge, which is a very dangerous place, is important. So all of that would be something that would have to be studied and worked with the County, and the County's very much in tune to the situation. So all of these analysis [sic] are things that we still have to work on, so there's still a lot work to be done.
Vice Chair Carollo: That's all I have. Thank you, Mr. Chairman.
Mayor Regalado: If I may --
Chair Sarnoff: Mr. Mayor.
Mayor Regalado: -- Chairman? On the Marine Stadium, Mr. Vice Chair, we already have the approval of the County for $3 million in historical preservation bond money, GOB (General Obligation Bond) from the County. We need to come to the County in the next 13 month [sic] with a feasibility plan of what we're going to go do. We also have a potential private donation of
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half a million dollar [sic] in terms of naming rights or something. And there is interest in Tallahassee for the possibility of using some stimulus money for the renovation of the Stadium, so we're looking at several funding sources. But of course, we won't do what others have done in the past; let's start building and we'll see. We need to know exactly what we have and what we -- the money that we need and then we'll begin with this renovation. But one thing is for sure, the renovation is not a concept. It's a reality. It's coming. And whether it's next year we start or -- but it's coming. Actually, we need to know in the next 13 months because we have to bring the report to the County so we can trigger the $3 million in historical preservation, which by the way, Dade Heritage Trust gave it up to the Marine Stadium because they were allocated to Dade Heritage Trust.
Vice Chair Carollo: Thank you, Mr. Mayor.
Chair Sarnoff: Mr. -- I'm sorry. Was I calling you mister?
Commissioner Suarez: It's okay.
Chair Sarnoff: All right. Go ahead, Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chairman. I just want to commend the Mayor of Key Biscayne and welcome him here to our body. You know, he's advocating on behalf of his residents, which is an admirable thing. It reminds me, as an MPO (Metropolitan Planning Organization) member, of Mayor Bower advocating for the Miami Beach residents related to the tunnel and the tunnel build out. I think there are some assurances on the record that nothing will be done or built in the next 30 days. I think it's fair to say that nothing will be done in the next 30 days. So I would hope that you all reach out to the Mayor of Key Biscayne and try to work with him to address their concerns. Traffic there is a concern. It's a legitimate issue. As a member of MPO for the City of Miami, with the permission of my colleagues and the Administration, you know, I offer whatever help, as a member of the MPO, we can offer you. I know -- I don't think your city's represented on the MPO, so I think, you know, it may take us to champion a little bit that cause and see if there's some resources that can be dedicated to trying to solve that problem. The only thing I would ask in return is -- we also have a traffic problem coming into the Key, which spills off into a lot of our areas on Biscayne, South Bayshore Drive, and I don't know if you've explored it or not, but I've always wondered why there's not a SunPass access to coming into the Key so that cars can get in easier and there's not that traffic buildup. It's something that I just -- I could never figure out if there was some jurisdictional reason or what the issue was there. I would love to know if --
Commissioner Dunn: Mr. Chair.
Chair Sarnoff: Go ahead.
Commissioner Dunn: Wouldn't that fall under the transportation --?
Commissioner Gort: It's Dade County.
Commissioner Dunn: Yeah.
Chair Sarnoff: I could tell you, Commissioner Gimenez has a plan to create a -- I think it -- to bring it to the pass that we have. And if you read in the newspaper, I think it was yesterday, there's actually a plan to have a national SunPass, if you will, that will work jurisdictionally in all 50 states. All it is, as you know, is you just have to code one number and it will tell you exactly what account to go to. So I think the technology is certainly catching up to where we are today. As a matter of fact, we're behind them. I don't -- for whatever it's worth, Commissioner, I don't know why we have even a booth out there. It could all be done by camera. It could all be
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done by, you know, laser. And maybe you keep one open for a person that has coinage. I don't know. But as you know, MDX (Miami-Dade Expressway Authority) has gone all automated. There is no way of paying cash --
Commissioner Gort: Open road tolling.
Chair Sarnoff: -- you know, any longer, so --
Mr. Vernon: Right. And to answer your question, Commissioner, we already begun that process with the Commissioner Gimenez in discussing the possibilities of switching over to SunPass, so -- I mean, we are looking at that as well. Anything to get the traffic moving in and out is, you know, welcomed, and that's what we're most interested in.
Commissioner Suarez: And with the permission of this body and the Administration, I don't know how -- what's the appropriate way of doing it. Being a member of the MPO, I'd like to discuss with the Mayor any ways that, as a member of the MPO, we can help bear some resources to the issue and -- bring some resources to the issue and maybe -- it's a tough problem. It's certainly beyond my intellect level. Do we have to pass some sort of a special resolution or direction or --?
Chair Sarnoff: No. I think you, as the MPO member, can bring that as a --
Commissioner Suarez: I just want to make sure that that would be the will of this body as well that I'm taking direction from that appointed me.
Commissioner Gort: You got it.
Chair Sarnoff: All right, let's pass a reso (resolution).
Commissioner Gort: You got it.
Chair Sarnoff: Let's move to give Commissioner Suarez all authority necessary --
Commissioner Gort: Second.
Chair Sarnoff: -- to fix the problems.
Commissioner Gort: You've got all the responsibilities. It's all yours.
Chair Sarnoff: And we'll give you all the resources we can.
Commissioner Suarez: Thanks, guys.
Chair Sarnoff: All right. Anybody else have any further discussion? Public hearing is closed.
Mr. Bush: Okay.
Chair Sarnoff: What --?
Mr. Bush: It's a very brief point, and that is the Miami Exhibition Center idea. And I think it's important to state that it'd be extremely limited as part of the welcome center; that it not be a central engine of that. That's really important. It's more a cultural center where we agreed that there could be some exhibition. I think the whole scale of this is really important to reinforce. Thanks.
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Chair Sarnoff: Thank you. All right, anybody have anything further to say? I've been a part of a number of master plans. Mr. Mayor, I wouldn't worry about implementation any time soon. We're still working on the Coconut Grove Master Plan. Do you all like it out there? Master plans are funny things. I certainly give my absolute laudings to Mayor Regalado because he took a plan that nobody really liked and turn it into a plan that seems like everybody likes. So you know, my feeling with regard to this master plan is it's just that, it's a guidebook, it's a post. As soon as somebody comes up with a way to pay for something, watch how fast your master plan's about to become -- what does it look like, a horse right now? It'll become a camel by the time we're done with it. It will have input from everyone. We will find funding sources. We will change things. We will adapt, adept. You know, if you came to me today and said I want to do a master plan, I'd be honest; I'd laugh at you. I'd just go to the UM and probably just say can you come up with something, 'cause it's just a guidebook. That's all it is. It's an idea. It's a suggestion. It shows you what can be done. It suggests to you never shoot too low. You always want to shoot as high as you possibly can. I think that's the intent of Hilario and Mr. Hernandez, to show us what can be done and it sets our sights a little higher than we, as lay people, probably think. But with that said, we have a motion. We have a second. All in favor, please say "aye."
The Commission (Collectively): Aye.
Chair Sarnoff: Okay. All right.
Applause.
PZ.2 RESOLUTION 08-00223ct1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE STIPULATED SETTLEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA") AND THE INTERVENOR, "THE MIAMI RIVER MARINE GROUP INC.", REGARDING A PENDING DISPUTE OVER CERTAIN AMENDMENTS TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") AFFECTING THE MIAMI RIVER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STIPULATED SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED; DIRECTING THE PLANNING DIRECTOR TO SUBMIT AN AMENDMENT TO THE MCNP IN THE MANNER PROVIDED BY THE STIPULATED SETTLEMENT AGREEMENT. 08-00223ct1 & 08-00223ct2 Background and Analysis.pdf 08-00223ct1 CC Legislation (Version 1).pdf 08-00223ct1 & 08-00223ct2 Exhibit 1.pdf 08-00223ct1 & 08-00223ct2 Exhibit A.pdf 08-00223ct1 & 08-00223ct2 Exhibit B.pdf 08-00223ct1 CC 07-22-10 Fact Sheet.pdf
APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami
FINDING(S): PLANNING DEPARTMENT: Recommended approval. See companion File ID 08-00223ct2.
PURPOSE: This will approve the Stipulated Settlement Agreement with the Department of Community Affairs and the intervenor, "Miami River Marine Group, Inc."
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Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0327
Note for the Record: Please refer to item PZ.3 for minutes referencing item PZ.2.
Chair Sarnoff: All right, let's pick up at PZ.2, which is page 23. It's the Miami River.
Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Which one did you start -- are you starting?
Chair Sarnoff: PZ.2, page --
Ms. Thompson: PZ.2.
Chair Sarnoff: -- 23, Madam City Clerk.
Ms. Thompson: Thank you.
Chair Sarnoff: I think -- Mr. Manager, I don't know who's presenting for you.
Commissioner Suarez: Where are we starting?
Ms. Thompson: PZ.2.
Chair Sarnoff: PZ.2.
Harold Ruck (Planner II, Planning): All right, PZ.2 is a companion item with PZ.3, but 2 is for a resolution approving the stipulated settlement agreement with the Florida Department of Community Affairs and the intervener, the Miami River Marine Group, regarding pending dispute over certain amendments to the Miami Comprehensive Neighborhood Plan. As you may remember, in May 27 discussion meeting, we brought this item to you in draft form, and we were approved to transmit the document to Department of Community Affairs for their review and approval. We have had discussions with the Miami River Marine Group and DCA (Department of Community Affairs). The document is essentially the same, except we've added some additional properties at the request of the Miami River Marine Group, and there is the stipulation that we would change the properties, the DCA, Third District Court of Appeals properties, back to industrial. So we're all in agreement with this. So Planning Department recommends approval.
Chair Sarnoff: Okay. Let me open up a public hearing on PZ.2. Is anyone from the public wishing to be heard on PZ.2, which is the Miami River Group dispute resolution? (You're recognized for the record, Mr. Aguirre.
Horacio Stuart Aguirre: Thank you, Mr. Chairman, Mr. Vice Chairman, Commissioners. Horacio Stuart Aguirre, 1910 Northwest 13th Street, in the Durham Park residential neighborhood on the Miami River. This is a great day. It brings to an end litigation conflict uncertainty and immense emotional and financial distress to all the people on the Miami River corridor something that's been going on for, golly, almost eight years. Not only are we ending a war, but we're also beginning a marshal plan type of program for the Miami River. I need to recognize Mayor Regalado. Thank you for everything you've done, Mayor Regalado. For the last eight years, you've been supporting this cause. Chairman Sarnoff, you were there for the last four years helping us. And in the last year, District 1 Commissioner, Willie Gort, thank you
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very much for your leadership, enthusiasm, and guidance in making this happen. And Mr. Manager, Ana Gelabert-Sanchez, thank you very much, with Harold and Carmen. I would be remiss in not recognizing Assistant City Attorney Maria. You did a great job in helping us negotiate this and bring it to a happy settlement with DCA. I'd like to ask Attorney Andrew Dickman, who was our legal advisor, Fran Bohnsack, the executive director of the Miami River Marine Group, to come up and say a word or two.
Fran Bohnsack: My name is Fran Bohnsack. I'm the executive director of the Miami River Marine Group. I want you to know that I have reviewed the documents. We are satisfied with the documents. And we accept the agreement. Thank you.
Chair Sarnoff: Thank you. Mr. Dickman, I never saw a lawyer give up an opportunity to speak.
Commissioner Gort: He's smart.
Andrew Dickman: We have signed and we're ready to go.
Chair Sarnoff: Oh, man, few words, few and good words. All right, anybody from the -- anyone else from the general public wishing to be heard on PZ.2? Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Do we have a motion?
Commissioner Gort: Move it.
Commissioner Dunn: Second.
Chair Sarnoff: There's a motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
PZ.3 ORDINANCE First Reading 08-00223ct2 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, BY AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT, PORTS, AVIATION AND RELATED FACILITIES PORT OF MIAMI RIVER SUB-ELEMENT AND COASTAL MANAGEMENT ELEMENT OF THE CITY'S COMPREHENSIVE PLAN AS REQUIRED BY CHAPTER 163, PART II, FLORIDA STATUTES, TO INCORPORATE THE PLAN AMENDMENTS PURSUANT TO THE STIPULATED SETTLEMENT AGREEMENT BETWEEN THE INTERVENOR "THE MIAMI RIVER MARINE GROUP, INC.", THE DEPARTMENT OF COMMUNITY AFFAIRS, AND THE CITY OF MIAMI; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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08-00223ct1 & 08-00223ct2 Background and Analysis.pdf 08-00223ct2 CC Legislation (Version 1).pdf 08-00223ct1 & 08-00223ct2 Exhibit 1.pdf 08-00223ct1 & 08-00223ct2 Exhibit A.pdf 08-00223ct1 & 08-00223ct2 Exhibit B.pdf 08-00223ct2 CC FR 07-22-10 Fact Sheet.pdf 08-00223ct2-Submittal-Letter-Miami River Commission.pdf
APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami
FINDING(S): PLANNING DEPARTMENT: Recommended approval. See companion File ID 08-00223ct1.
PURPOSE: This will allow required amendments to the Comprehensive Neighborhood Plan based on the Stipulated Settlement Agreement between the intervenor, "Miami River Marine Group, Inc.", the Department of Community Affairs and the City of Miami.
Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
13189
Note for the Record: Although Item PZ.3 is listed as a first reading ordinance, per §163.3184(16)(d),Fla. Stat., the ordinance takes effect because only a single public hearing shall be conducted pursuant to statutory requirements. A Deputy City Attorney made note of this on the floor at the July 22, 2010 Miami City Commission Meeting.
Chair Sarnoff: PZ.3.
Maria J. Chiaro (Deputy City Attorney): PZ.3 incorporates that which you just passed as the settlement terms into our Comprehensive Plan. It is an ordinance that requires your enactment to complete the process.
Chair Sarnoff: Can we accept the testimony from PZ.2 on PZ.3?
Ms. Chiaro: You can, but this is in fact -- it requires a public hearing be opened and closed.
Chair Sarnoff: All right. Does anybody wish to speak on PZ.3?
Horacio Stuart Aguirre: Mr. Chairman, on behalf of our group, all the remarks from the prior testimony are incorporated herein. Thank you.
Chair Sarnoff: Anyone else wishing to be heard on PZ.3? You're recognized for the record, Mr. Bibeau.
Brett Bibeau: Thank you, Chairman Sarnoff, honorable City Commission. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. On July 12, 2010, the Miami River Commission unanimously found the proposed amendments to the Comprehensive Neighborhood Plan to be consistent with the Miami River Corridor Urban Infill Plan. Therefore, we respectfully recommend approval. Thank you, and
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have a nice day.
Chair Sarnoff: Thank you. Anyone else from the general public wishing to be heard on PZ.3? Hearing none, seeing none, coming back to the Commission. Is there a motion?
Commissioner Gort: Move it.
Chair Sarnoff: Motion by Commissioner --
Commissioner Dunn: Second.
Chair Sarnoff: -- Gort, second by Commissioner Dunn. Madam City Attorney, it is an ordinance.
The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro.
Priscilla A. Thompson (City Clerk): Your roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 5-0.
"[Later...]"
Vice Chair Carollo: City Attorney.
Ms. Chiaro: Before you recess this meeting, I'd like to make a correction on the record about an item that you've approved and that was PZ.3. It related to adopting the amendments for the comprehensive plan and the terms of the settlement for the River. Under the statute, that only needed one reading. You approved it. It will not come back to you. There was a statement made on the record that it would come back for second reading; it will not. You adopted it and approved it on one -- at one time and that's what the statute says. I just wanted to correct the record before you adjourned.
PZ.4 RESOLUTION 10-00496sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PUBLIC RIGHT-OF-WAY LOCATED ON THE WEST SIDE OF NORTHWEST 1ST AVENUE BETWEEN NORTHWEST 4TH STREET AND NORTHWEST 8TH STREET, MIAMI, FLORIDA.
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10-00496sc Plat & Street Letter.pdf 10-00496sc Zoning Map.pdf 10-00496sc Miami 21 Map.pdf 10-00496sc Aerial Map.pdf 10-00496sc Letter of Intent.pdf 10-00496sc Application & Supporting Documents.pdf 10-00496sc Survey & Tentative Plat.pdf 10-00496sc ZB Reso.pdf 10-00496sc CC Planning Analysis.pdf 10-00496sc CC Public Works Analysis.pdf 10-00496sc CC Public Works Clarification.pdf 10-00496sc CC Legislation (Version 2).pdf 10-00496sc Exhibit A.pdf 10-00496sc CC 07-22-10 Fact Sheet.pdf
LOCATION: Approximately the West Side of NW 1st Avenue between NW 4th Street and NW 8th Street [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Inés Marrero-Priegues, Esquire, on behalf of FDG Flagler Station II, LLC
FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on January 7, 2010 by a vote of 7-0. ZONING BOARD: Recommended approval to City Commission on May 10, 2010 by a vote of 5-0.
PURPOSE: This will allow the recording of the Flagler Gran Central Station plat.
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, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
R-10-0341
Chair Sarnoff: RE.20 -- well, now we're up to -- yeah, RE (Resolution) -- I'm sorry.
Vice Chair Carollo: PZ (Planning & Zoning).
Chair Sarnoff: PZ.4. Good afternoon.
Roberto Lavernia (Chief of Land Development): Good afternoon. For the records [sic], Roberto Lavernia, with the Planning Department. PZ.4 is closing, vacating, abandoning, and discontinuing for public use a right-of-way for the Flagler Grand Central Station. The Planning Department recommend approval. The Public Works Department recommend approval. The Plat and Street Committee recommend approval, and the Zoning Board recommended approval. The details will be given by the applicant and explained. Thank you.
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Chair Sarnoff: Ines, you've changed.
Juan Mayol: Yes, covering for Ines Marrero-Prieguez. For the record, Juan Mayol, with address at 701 Brickell Avenue, on behalf of the applicant, at the (UNINTELLIGIBLE) Flagler Station. Commissioners, this is the, hopefully, beginning of the end of a long road. This road vacation/closing was approved actually by the Commission in 1988 along with a plat of this property, and it was held up by the County in that the County raised some issues that had nothing to do with the proposed road closing; it had to do with Northwest 2nd Avenue. Since that time, Northwest 1st Avenue was actually relocated. It was improved, and today it exists as a very nice, very wide, a very safe roadway. The proposed road vacation would actually legalize what is today an existing situation. The old Northwest 1st Avenue is not open to traffic, has not been open to traffic for quite some time. The stretch at Northwest 4th Street is not open to traffic, and yet the new Northwest 1st Avenue has been open to traffic for quite some time. The -- there is a clear public benefit that, in this case, you can actually see in the place of a very good traffic circulation in this area. We would ask for your approval in accordance with staff's recommendation.
Chair Sarnoff: All right. Is -- let me open up to a public hearing. Is anybody wishing to be heard on PZ.4, which is closing and vacating, abandoning a public right of way? Hearing none, seeing none, coming back to the Commission. Is there a motion?
Commissioner Dunn: So move.
Commissioner Suarez: Second.
Chair Sarnoff: Motion by Commissioner Dunn, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say “aye.”
The Commission (Collectively): Aye.
Chair Sarnoff: You have a unanimous vote, Madam Clerk.
Mr. Mayol: Thank you so much. Have a good night.
Chair Sarnoff: Thank you.
PZ.5 ORDINANCE Second Reading 10-00185zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE FOLLOWING ZONING CLASSIFICATIONS FROM "C/I - CIVIC/INSTITUTION ZONE" TO "T6-8 O - URBAN CORE TRANSECT ZONE" FOR THE PROPERTY LOCATED AT APPROXIMATELY 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA; AND BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O - URBAN CENTER TRANSECT ZONE" TO "T4-O - GENERAL URBAN TRANSECT ZONE" FOR THE PROPERTIES LOCATED ALONG THE EAST SIDE OF SOUTHWEST 27TH AVENUE FROM SOUTHWEST 22ND TERRACE TO US-1 AND PROPERTIES LOCATED ALONG THE WEST SIDE OF SOUTHWEST 27TH AVENUE FROM SOUTHWEST 22ND TERRACE TO SOUTHWEST 26TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
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EFFECTIVE DATE.
10-00185zc PAB Resos for 07-22-10.pdf 10-00185zc CC Legislation (Version 4).pdf 10-00185zc CC SR 07-22-10 Fact Sheet.pdf 10-00185zc Exhibit A - NEW- SUB.pdf 10-00185zc-Submittal-Steve Weinger.pdf
LOCATION: 1) Approximately 1600 NW 3rd Avenue [Commissioner Richard P. Dunn - District 5]; and 2) Properties Located Along the East Side of SW 27th Avenue from SW 22nd Terrace to US-I and Properties Located Along the West Side of SW 27th Avenue from SW 22nd Terrace to SW 27th Street [Commissioner Marc David Sarnoff - District 2 and Commissioner Francis Suarez - District 4]
APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami
FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by four separate votes of 8-0.
PURPOSE: This will change the zoning classification of certain areas of the City as described above.
NOTE(S): On May 27, 2010, the City Commission adopted File ID 10-00183lu, the Land Use component related to this item.
Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
13191
Chair Sarnoff: All right, PZ.5.
Ana Gelabert-Sanchez: Good afternoon. Ana Gelabert, Planning director. PZ.5 is the second reading for the zoning change to the property at Culmer going from C-1 -- CI, I'm sorry, to T6-8; and the 27th Avenue change that this Commission also directed us to -- the change from T5 to T4. And again, it's second reading.
Chair Sarnoff: All right.
Commissioner Suarez: Motion. Move it.
Chair Sarnoff: You have --
Commissioner Dunn: Second.
Chair Sarnoff: -- a motion by Commissioner Suarez, second by Commissioner Dunn. PZ.5. Is there anyone from the general public wishing to be heard on PZ.5? You're recognized for the record.
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Steve Weinger: Good afternoon. I'm Steve Weinger, 2650 Southwest 27th Avenue. I'm a resident of the City of Miami. I'm -- I work in the City of Miami. I have a law firm in the City of Miami, and I own a building in the City of Miami, which is the subject to the proposed change of the atlas. If I could pass out pictures, I've given the Clerk a copy for the record.
Victoria Mendez (Assistant City Attorney): Sir, do you have a copy that you can show us over here? Thank you.
Mr. Weinger: This is a building that I've owned with my partners since 1985. It was not a new building when we bought it. You can see it's located on 27th Avenue just before -- just past the Metrorail station if you're coming from City Hall and up 27th Avenue. The vacant lots which were subject of plans which are on hold I guess for some large multiuse development. If you look at the second picture, you'll see what our block looks like from our building, continuing northward on 27th Avenue. The third picture gives you the general area. Then if you look at the bottom picture, you'll see our building, which is that small building with the landscaping, then you see the building about two stories higher, and then the building about eight stories higher. We think that probably the appropriate designation would've been transect T6-8, but it was designated after discussion and review by your staff originally as T5, and we didn't complain about that. We didn't say a word. But the proposal now is to reduce the designation to transect 4, which is considered townhouses, light residential, but not single-family homes necessarily, although it allows that, and we think that that's absolutely the wrong designation for a variety of reasons. Our building -- at some point, if we were to rebuild the same amount of office space today, we wouldn't be allowed to build it because to meet the current parking requirements, we would then go over the T4 height requirements. Our neighbors behind us are small, two- or three -- two-story apartment buildings. They're not single-family homes. My understanding is that the proposal was based largely on houses a half a mile away on the other side of the street, which is on the east side of 27th Avenue that were behind some buildings there. There were single-family homes which were well-maintained and so forth. Behind us are the apartment buildings. To one side, as you see, is a 12-story building, a five-, six-story building. To the other side is the Metrorail station and the vacant lot, which is planned for a large development. The proposal is to downzone the area on our block, and if you look at that last picture, our block is this tall condominium, this larger office building, and then our building, to downzone everything up to that block. If the ordinance were changed so that you only downzone to T4 the area up to Southwest 26th Street instead of Southwest 27th Street, that would leave the buildings you see there and our building in the T5 and accomplish everything you wanted to do for the rest of 27th Avenue. And we think that's the appropriate thing to do. We think it's the fair thing to do. We think it's the accurate thing to do based on the descriptions of the transects that are adopted in Miami 21. And it's certainly the green thing to do. We have a bus stop right there at our building, and we have the Metrorail station, as you see, just yards away from our building, and it would seem to be the logical place to encourage reasonable amounts of development. And we request that the -- we oppose the proposal but only to the extent that it goes up to 27th Street on the west side of 27th Avenue. We wouldn't oppose it if it were modified to go up to 26th Street on the west side of 27th Avenue. Thank you.
Chair Sarnoff: Steve, let me -- Mr. Weinger, I'm sorry. I think, if I'm not mistaken, just to the north of your building is Commissioner Suarez's district. I think just the next block is yours.
Commissioner Suarez: I think mine is 24th Street, if I'm not mistaken.
Chair Sarnoff: This building is yours, correct, with the red car below it?
Commissioner Suarez: The west side is the Publix side. The east side is not the Publix. Yeah, that's not my district.
Chair Sarnoff: It's not your district?
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Commissioner Suarez: I believe it's not, no. Am I correct in saying that? I mean, is there anybody that wants to fact check me there?
Chair Sarnoff: I thought my district began at Mr. Weinger's building essentially and headed -- I guess it would be east -- I call it east, but I may not be right -- south.
Ms. Gelabert-Sanchez: I believe what the gentleman is referring on the west side, I would obviously have to check on the district maps and -- but Chairman Sarnoff, I believe you -- yours is on the west side, on the side of where the Publix is, the blocks that are left as T5 and the -- from 26 -- and I'm not certain if 25th or 26 down is yours, that portion on that side of 27th. But I frankly would have to look at the district map and make sure.
Chair Sarnoff: Let me tell you. I drove your neighborhood significantly and -- when this first came up three or four months ago.
Mr. Weinger: Yeah. I think it was March.
Chair Sarnoff: And to my surprise, that was my district, and I'm a little embarrassed by that 'cause I have never walked that part of my district. And I found some really nice homes back there. And, you know, I'm struggling with -- I had heard that Commissioner Suarez was proposing T4, I thought, and I -- to me it seemed more logical, instead of imposing upon the homes. There are a number of homes just to the back end of your building that are really well-kept homes. I mean, these are nice homes. Matter of fact, the cleanest home I've ever seen in Miami exists on the corner of your building just on the -- probably southeast section. And I don't know who owns that, but you can't find a lick of paper or anything. It looks like it gets sweeped [sic] all the time. And I'm struggling with why -- and I know you're a long-termer. I know you've been here a long time. I know you're not a developer. And I know you've held this property -- I think from the day I moved to Miami, you've held this property. You've owned this 25 --
Mr. Weinger: Since 1985, yeah.
Chair Sarnoff: Yeah, 25 years. And I'm -- next to it, just to the -- just toward the station, I proposed a T -- what is next to it?
Ms. Gelabert-Sanchez: It remains -- the area, it remains a T5. It was T5. The last -- at first it was T6-8, then it went to T5 on the hearing when this was approved. With this amendment, that portion of T5 closer to the station is left as T5. And the remaining -- because you already had changed to T5 -- is if you approve it, all of it would go to T4. If it's left out --
Commissioner Suarez: Mr. Chairman.
Ms. Gelabert-Sanchez: -- it was a matter of leaving it out, and it will stay the same as it is today, which is T5.
Chair Sarnoff: Right. Go ahead, Commissioner.
Commissioner Suarez: I think there's two options here, from what I can tell, and I don't know if this helps at all, your decision making, but one is obviously since it's in your district, I would give you discretion as far as where you wanted to move that boundary. But the second option is I believe he could apply for a T5 -- he could bump it up to T5. So if the surrounding neighbors were okay with him having it at T5, even though it was designated T4, he could still bump up to T5 if -- you know, if the neighbors --
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Chair Sarnoff: In other words, when he's ready to build --
Commissioner Suarez: Right, exactly.
Chair Sarnoff: -- and he had a project --
Commissioner Suarez: Exactly.
Chair Sarnoff: -- he could come up and say look, I'm allowed to move one increment up.
Commissioner Suarez: Exactly.
Chair Sarnoff: That was kind of my thinking, Mr. Weinger, to be quite honest with you. I mean, to move up one transect -- is that the way you say it, one transect? --
Ms. Gelabert-Sanchez: Right. Perfect.
Chair Sarnoff: -- is not a very large deal. And I -- you know, I'm -- not that I'm sitting on the fence. I am very close to being sitting on the fence on this because I was very prepared to give you a T5 until I drove the neighborhood. And I was very prepared -- I see what's -- I see what is, I think I'm saying this right, to your north, and I see what's facing you, and I understand that you would want to build sort of like that. On the other hand, there are some very nice houses just to the back of that that will forever then look like this and --
Mr. Weinger: Respectfully, T5 is not like this. T5 is maybe 15 feet higher than our building, but it would allow for enough parking.
Chair Sarnoff: T5 is --
Ms. Gelabert-Sanchez: T5 is five stories.
Chair Sarnoff: Yeah, but correct me if I'm wrong, that would be 20 --
Commissioner Suarez: It's 82 feet.
Chair Sarnoff: -- that would be -- 80 -- yeah, 80 --
Ms. Gelabert-Sanchez: If they could go -- if they go to the maximum --
Chair Sarnoff: Right.
Ms. Gelabert-Sanchez: -- it would be 14 feet for 4, and if they do retail on the ground level, it would be 25. So 25 --
Chair Sarnoff: Eighty-two feet --
Ms. Gelabert-Sanchez: Yeah.
Chair Sarnoff: -- versus fifty-three feet.
Ms. Gelabert-Sanchez: Yeah.
Chair Sarnoff: I mean, to me it's --
Ms. Gelabert-Sanchez: RE.3 -- well, this particular was a C-1, so this one had -- the height
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restriction on this particular one was I believe on the 80s, I want to -- this was a special district. It used to be the C-1. It was the supposedly unlimited height. Then it went down to 80-something or -- and I forgot the numbers. The T5 is allowing the five stories, and the way that we have the stories, as you know, is up to. So it's not a required maximum. It's the flexibility to do it. So they could technically do a five-story building that is 50 feet high. That's up to them. (UNINTELLIGIBLE) stories -- the flexibility was just for the typology of architecture.
Chair Sarnoff: What was your thinking of going T4? You went T4. I mean, I'm aware of that.
Commissioner Suarez: The reason why I went T4 is because the homeowners associations and the residents that abut those properties essentially didn't want T5. They wanted something that was more in line with -- you know, something that would abut a resident -- a T3, in essence. And the whole notion behind Miami 21 was that it was supposed to be transitional. For it to transition from a T5 or a T6-8 to a T3, you'd have to up zone the residential homes going into the neighborhood or downzone the commercial. The other thing is, you know, if a developer brings a project, and any developer really brings a project that the neighborhood is amenable to and that's conscious of the surrounding T3 areas and the neighborhood is in favor of it, then I don't see why you wouldn't want to give them the bump up to T5.
Chair Sarnoff: The building, correct me, Ana, just to his north, is that a 10-story building? Is it about ten stories?
Mr. Weinger: At least, maybe 12.
Chair Sarnoff: Is it a 12-story building?
Mr. Weinger: It's some -- You're talking about the condominium just a hundred feet past our building. That's why our build -- my understanding is that even a T5, our building would be half that height. It would be more -- if we utilized everything available and if we chose to take that action, it would really be to have the same amount of office space but have enough parking to meet the code, and it would end up about the same size as the building directly next to us is my understanding, at maximum.
Chair Sarnoff: You know what, Mr. Weinger -- Ana, let's make the change. Let him go to T5.
Ms. Gelabert-Sanchez: All right. What we will do then, just so when we vote, we'll exclude that -- the blocks, I guess would be from Southwest 26th Street to 27th Street and those will remain T5.
Chair Sarnoff: Right.
Ms. Gelabert-Sanchez: So on that -- the change will be on the -- I guess on the legislation so it would remain T5 as we have it today.
Chair Sarnoff: All right. Is there -- then is there a motion?
Commissioner Suarez: I move it and I accept the amendment as proffered by the district Commissioner.
Chair Sarnoff: All right. And do we have a second?
Commissioner Dunn: Yes.
Chair Sarnoff: Second by Commissioner Dunn. Any further discussion on this matter? All
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right. It is -- is it an ordinance?
Commissioner Gort: Yes.
Ms. Gelabert-Sanchez: Yes, it is.
Ms. Mendez: Yes, Mr. Chair. But I just wanted to confirm the properties that will remain the same from 26th Street to 27th Street. Is that on the west side --
Ms. Gelabert-Sanchez: On the west side.
Ms. Mendez: -- or on the --?
Ms. Gelabert-Sanchez: It's on the west side.
Ms. Mendez: On the west side. Okay. So when I read it, I just wanted to be sure.
Chair Sarnoff: I understand.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Chair Sarnoff: All right. Roll call.
Pamela L. Latimore (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Latimore: The ordinance has been adopted, as modified, on second reading.
PZ.6 ORDINANCE First Reading 10-00296lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 350 NORTHEAST 56TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00296lu Analysis.pdf 10-00296lu Land Use Map.pdf 10-00296lu Aerial Map.pdf 10-00296lu PAB Reso.pdf 10-00296lu School Board Concurrency.pdf 10-00296lu Application & Supporting Documents.pdf 10-00296lu CC Legislation (Version 2).pdf 10-00296lu & 10-00296zc Exhibit A.pdf 10-00296lu CC FR 07-22-10 Fact Sheet.pdf
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LOCATION: Approximately 350 NE 56th Street [Commissioner Richard P. Dunn II - District 5]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Howard and Marlene Schimmel, Owners
FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 7, 2010 by a vote of 6-2. See companion File ID 10-00296zc.
PURPOSE: This will change the above property to "General Commercial."
Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
PZ.7 ORDINANCE First Reading 10-00296zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ZONING ORDINANCE NO. 13114 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL (IN ORDINANCE NO. 11000, AS AMENDED) TO T-5L, FOR THE PROPERTY LOCATED AT APPROXIMATELY 350 NORTHEAST 56TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00296zc Analysis.pdf 10-00296zc Zoning Map.pdf 10-00296zc Miami 21.pdf 10-00296zc Aerial Map.pdf 10-00296zc Letter of Intent.pdf 10-00296zc Application & Supporting Documents.pdf 10-00296zc Survey.pdf 10-00296zc ZB Reso.pdf 10-00296zc CC Legislation (Version 2).pdf 10-00296lu & 10-00296zc Exhibit A.pdf 10-00296zc CC FR 07-22-10 Fact Sheet.pdf
LOCATION: Approximately 350 NE 56th Street [Commissioner Richard P. Dunn II - District 5]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Howard and Marlene Schimmel, Owners
FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on May 10, 2010
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by a vote of 5-0. See companion File ID 10-00296lu.
PURPOSE: This will change the above property to "T-5L". The applicant will proffer a covenant for this property.
Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
PZ.8 ORDINANCE First Reading 10-00491lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3825 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00491lu Analysis.pdf 10-00491lu Land Use Map.pdf 10-00491lu Aerial Map.pdf 10-00491lu School Board Concurrency.pdf 10-00491lu PAB Reso.pdf 10-00491lu Application & Supporting Documents.pdf 10-00491lu CC Legislation (Version 2).pdf 10-00491lu & 10-00491zc Exhibit A.pdf 10-00491lu CC FR 07-22-10 Fact Sheet.pdf 10-00491lu-Submittal-Lucia Dougherty.pdf 10-00491lu-Submittal-Support Letters.pdf 1000491lu-Submittal-GEM Electric Vehicles Brochure.pdf 10-00491lu-Submittal-European Car Sales of America.pdf
LOCATION: Approximately 3825 Day Avenue [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Javier F. Aviño, Esquire, on behalf of European Automotive, LLC
FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 5, 2010 by a vote of 5-3. Also recommended to City Commission on May 5, 2010, when Miami 21 is adopted, to consider changing this property, along with the abutting four lots to the West, to the "Medium-Density Restricted Commercial" land use designation, by a vote of 5-3. See companion File ID
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10-00491zc.
PURPOSE: This will change the above property to "Medium Density Restricted Commercial".
Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
Chair Sarnoff: You're recognized for the record.
Roberto Lavernia (Chief of Land Development): Roberto Lavernia, with the Planning Department. PZ.8 and PZ.9 are companion items, land use and zoning change requested for 3825 Day Avenue. The Planning Department was recommending denial subject to intrusion of commercial uses into residential. The Planning Advisory Board recommend denial; however, at the lower board, the Zoning Board, the applicant offered a covenant trying to tie themselves to something similar to what Miami 21 will approve. We read the covenant and we have no objection if the Commission is decide to accept the covenant that they are offering.
Chair Sarnoff: All right.
Lucia Dougherty: Good afternoon, Mr. Chairman and members of the Commission. Lucia Dougherty and Javier Aviñó, with the law offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant. And with me is Peter Kilissanly, who is a -- the owner of the property for the last three years. It is a commercial parking lot. The actual site is the commercial parking lot, and I say that because it's been a parking lot servicing this car repair dealership on US 1 for the last 30 years. So they're tied together as one folio, and it's always been tied together. And Mr. Kilissanly bought this property, and you may see it's adjacent to the Miami-Dade Department of Children and Families on 37th Avenue. This is a photograph of it. And this is a copy or a photograph of the actual lot. There are some duplexes, and immediately to -- cattycorner to this property is a townhouse development. It's a Miami-Dade affordable housing project. So for several years now Mr. Kilissanly has attempted to get a dealership. Actually, it took him two and a half years to get a dealership for the GEM (Global Electric Motorcars) electric car dealership, and he has the exclusive dealership for GEM electric cars in both Dade and Monroe counties. His intent is to actually tear down this very unsightly building on US 1 and build a state-of-the-art car dealership for the electric cars. The lowest category that allows this is the T5. We -- and the Planning Advisory Board -- the Planning and Zoning -- PZAB (Planning, Zoning and Appeals Board) did recommend a T5, and we have agreed by covenant to limit the height to three stories. So that's our application. I -- we do have letters of support from our neighbors. We also have a letter from Max Strand, who is a GEM car owner. He actually has his architectural firm in Coconut Grove and only drives -- a GEM car owner. And here's something that's interesting is that there's a new technology being developed right now where you can drive into his dealership and plug in for 20 minutes and get a complete charge, which typically now would take you six hours in your garage. So you can get a cup of coffee and get charged up in the next 20 minutes. So that's something that he plans on doing in his dealership. So we do have the Planning Advisory Board's staff report, and we would urge your approval of this application.
Chair Sarnoff: Lucia, I have a couple -- Go ahead.
Commissioner Gort: I have a question.
Chair Sarnoff: Absolutely.
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Commissioner Gort: Do you have electrical motorcycles?
Ms. Dougherty: I'm sorry.
Commissioner Gort: Do you have electrical motorcycle?
Ms. Dougherty: Do we have them? I don't know. No. Okay.
Chair Sarnoff: No, but I know where you can get some. Lucia, here -- look, I'd love to see the US 1 side of this fixed up. And I hear you say that your client is going to be tearing down the building, yet I know two weeks ago, he was redoing the asphalt, which tells me it's not imminent. And the ingress and egress -- and I don't know where the building will be situated --
Ms. Dougherty: I think I know where you're going on this.
Chair Sarnoff: Go ahead.
Ms. Dougherty: And one of the things (UNINTELLIGIBLE) will tell you that in this district, you need -- because it's an NCD (Neighborhood Conservation District), first of all, and also because (INAUDIBLE) a T5 in order to have an automobile-related use, you have to get a warrant. So we have to go through internal design review process, and we would agree by covenant, if that's what you would like, to close this off with a wall. Is that what you're thinking?
Chair Sarnoff: A wall with foliage --
Ms. Dougherty: Yes.
Chair Sarnoff: -- so that it would not interfere with -- I guess it's no longer called R-1. I guess it's -- what is that, T --?
Unidentified Speaker: It's T3.
Ms. Dougherty: Oh.
Chair Sarnoff: T3.
Ms. Dougherty: Let me see. I brought your map here. This is T3, but this is very interesting, and this is something the Planning Advisory Board noticed.
Chair Sarnoff: T6. I see it, yeah.
Ms. Dougherty: This is a T6-8, and your building for the families is actually cut in half with two different zoning classifications. So it really should be T6-8 all the way to here, and again, we would urge you to have a T5 here with a covenant.
Chair Sarnoff: Is -- and is your client actually intend on doing this shortly or --?
Ms. Dougherty: Absolutely.
Chair Sarnoff: Absolutely?
Ms. Dougherty: Yeah.
Chair Sarnoff: Okay.
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Ms. Dougherty: Mr. Kilissanly, yeah.
Chair Sarnoff: All right. With the covenants voluntarily tendered, what I'll do is pass the gavel. I will move PZ.8, and then I guess I'll make the next motion on -- PZ.9 will have your covenant; am I right?
Ms. Dougherty: On PZ.9, correct.
Chair Sarnoff: So I'll move PZ.8.
Commissioner Suarez: Second.
Commissioner Dunn: Mr. Chairman.
Commissioner Gort: It's been moved and second.
Ana Gelabert-Sanchez (Director, Planning): Excuse me. Before you do the final vote, if we could, and I think it would be okay just so we are able to correct the maps with Miami 21, the zoning, if it's approved, will be T5 and the land use is going to be medium density residential -- restricted commercial, I'm sorry.
Chair Sarnoff: With a --
Ms. Gelabert-Sanchez: This will allow what they are proposing in the covenant.
Chair Sarnoff: It'll allow the use, but the covenant will not allow -- I'm sorry. The covenant would restrict them to three -- what is it, three stories?
Ms. Dougherty: Three stories.
Chair Sarnoff: -- and they would additionally agree not to have ingress and egress on --
Ms. Dougherty: Day.
Chair Sarnoff: That's what it says, Day Avenue. With a landscape barrier that should be approved by warrant.
Ms. Gelabert-Sanchez: Right. And the covenant will still -- it's just -- it's us to be able to amend the maps to be --
Chair Sarnoff: The map. I get it.
Ms. Gelabert-Sanchez: -- consistent with Miami 21.
Chair Sarnoff: She has a point. You might want to take a look at the T6-8 and the T4 right there, because you've cut the County building in half. I don't mind cutting them in half, but --
Ms. Gelabert-Sanchez: (UNINTELLIGIBLE).
Chair Sarnoff: I agree. They may have to come to us for something.
Commissioner Gort: Is there a second?
Commissioner Suarez: Second.
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Commissioner Gort: Second. It's a public hearing. Is there anyone would like to come forward? Being none, it's an ordinance. Read it.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Commissioner Gort: Roll call.
Pamela L. Latimore (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Commissioner Gort: Unanimous. PZ.9.
Ms. Latimore: The ordinance passes, 4-0, as modified on first reading.
Victoria Mendez (Assistant City Attorney): Just to be clear, and I know this was said before on the record, but I read it incorrectly. It's changing to medium density restricted commercial, not general commercial. Medium density restricted commercial, which you knew you were voting on before, but I said it incorrectly. Thank you.
Commissioner Gort: Thank you.
PZ.9 ORDINANCE First Reading 10-00491zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" (IN ZONING ORDINANCE NO. 11000, AS AMENDED), TWO-FAMILY RESIDENTIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO "T5 O" URBAN CENTER ZONE OPEN AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3825 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00491zc Analysis.pdf 10-00491zc Zoning Map.pdf 10-00491zc Miami 21 Map.pdf 10-00491zc Aerial Map.pdf 10-00491zc Application & Supporting Documents.pdf 10-00491zc PZAB Reso.pdf 10-00491zc CC Legislation (Version 2).pdf 10-00491lu & 10-00491zc Exhibit A.pdf 10-00491zc CC FR 07-22-10 Fact Sheet.pdf 10-00491zc-Submittal-Lucia Dougherty.pdf 10-00491zc-Submittal-Support Letters.pdf 1000491zc-Submittal-GEM Electric Vehicles Brochure.pdf 10-00491zc-Submittal-European Car Sales of America.pdf
LOCATION: Approximately 3825 Day Avenue [Commissioner Marc David
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Sarnoff - District 2]
APPLICANT(S): Javier F. Aviño, Esquire, on behalf of European Automotive, LLC
FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on June 16, 2010 by a vote of 7-1. See companion File ID 10-00491lu.
PURPOSE: This will change the above property to "T5 O" Urban Center Zone Open and "NCD-3" Coconut Grove Neighborhood Conservation District. The applicant will proffer a covenant for this property.
Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
Commissioner Gort: PZ 9.
Ana Gelabert-Sanchez (Director, Planning): 9 is the zoning companion.
Chair Sarnoff: I move PZ.9 with the voluntary covenants as stated on the record.
Ms. Gelabert-Sanchez: And being T5, Victoria.
Commissioner Suarez: Second.
Commissioner Gort: There's a motion and a second. Anyone in the public would like to address this issue? Being none, seeing none, read it. Hello?
Chair Sarnoff: I have a question for you, Lucia, just on a FYI (For Your Information). I mean, with the Chevy Volt coming out and the LEAF (Leading, Environmentally friendly, Affordable, Family), are these still going to be viable? I mean, it's a curious --
Commissioner Gort: What's the price? This is going to be more reasonable, I think.
Peter Kilissanly: My name is Peter Kilissanly, and I happen to be the owner of this establishment. This is a specially designed vehicle for what's called low-speed vehicle in neighborhood. Those other cars would be highway speed cars, and therefore, it's two different type of application.
Chair Sarnoff: You still think there'll be room for this type of vehicle even though there's going to be other all electric cars?
Mr. Kilissanly: Definitely will be.
Chair Sarnoff: Okay. I wish you the best of success. I mean, I love stuff like this. I just -- happen to know Max Strang. And I think you know this, Lucia, I think he's moving to Colorado. No? Yeah. Very shortly. It's a big loss for Miami, I think. He was a great guy.
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Mr. Kilissanly: Thank you.
Commissioner Gort: Thank you.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Pamela L. Latimore (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Latimore: The ordinance passes on first reading, as modified --
Ms. Dougherty: Thanks very much.
Ms. Latimore: -- 4-0.
PZ.10 ORDINANCE First Reading 10-00624lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1814 BRICKELL AVENUE, MIAMI, FLORIDA, FROM "MEDIUM-DENSITY MULTIFAMILY RESIDENTIAL" TO "PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00624lu Analysis.pdf 10-00624lu Land Use Map.pdf 10-00624lu Aerial Map.pdf 10-00624lu Application & Supporting Documents.pdf 10-00624lu PZAB Reso.pdf 10-00624lu CC Legislation (Version 2).pdf 10-00624lu & 10-00624za Exhibit A.pdf 10-00624lu CC FR 07-22-10 Fact Sheet.pdf
LOCATION: Approximately 1814 Brickell Avenue [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami
FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on June 16, 2010 by a vote of 8-0. See companion File ID 10-00624zc.
PURPOSE: This will change the above property to "Parks and Recreation".
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Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
Chair Sarnoff: All right, PZ.10 and PZ.11 I think could be taken up in the same discussion.
Roberto Lavernia (Chief of Land Development, Planning): PZ.10 and PZ.11 are companion items. That is the land use and zoning change for 1814 Brickell Avenue. That was the lot that was recently acquired by the City of Miami and a park is going to be there. We are changing the land use and zoning designation in order to have the park in there.
Chair Sarnoff: Thank you. All right. Is there a motion on P -- well, let me take a motion on PZ.10.
Commissioner Suarez: So move.
Commissioner Dunn: Second.
Chair Sarnoff: Motion by Commissioner Suarez, second by Commissioner Dunn. It's a public hearing. Anybody wishing to be heard on PZ.10? Hearing none, seeing none, coming back to the Commission. Madam City Attorney, it is an ordinance.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Pamela L. Latimore (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Latimore: The ordinance is adopt -- has passed on first reading, 4-0.
PZ.11 ORDINANCE First Reading 10-00624zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" (IN ORDINANCE NO. 11000, AS AMENDED) MULTIFAMILY MEDIUM-DENSITY RESIDENTIAL TO "CIVIC SPACE (CS)", FOR THE PROPERTY LOCATED AT APPROXIMATELY 1814 BRICKELL AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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10-00624zc Analysis.pdf 10-00624zc Zoning Map.pdf 10-00624zc Miami 21 Map.pdf 10-00624zc Aerial Map.pdf 10-00624zc Application & Supporting Documents.pdf 10-00624zc PZAB Reso.pdf 10-00624zc CC Legislation (Version 2).pdf 10-00624lu & 10-00624za Exhibit A.pdf 10-00624zc CC FR 07-22-10 Fact Sheet.pdf
LOCATION: Approximately 1814 Brickell Avenue [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami
FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on June 16, 2010 by a vote of 8-0. See companion File ID 10-00624lu.
PURPOSE: This will change the above property to "CS" Civic Space.
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
Chair Sarnoff: All right, PZ.11. I'm going to move -- well, could somebody make a motion --
Commissioner Suarez: Move it.
Chair Sarnoff: -- on PZ (Planning & Zoning) --?
Commissioner Dunn: Second.
Commissioner Gort: Second.
Chair Sarnoff: All right. We have a motion by Commissioner Suarez, second by Commissioner Gort. It's a public hearing. Anybody wishing to be heard on PZ.11, please step up. Hearing none, seeing none, coming back to this Commission. Madam City Attorney, it is an ordinance.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Pamela L. Latimore (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Latimore: The ordinance passes on first reading, 4-0.
PZ.12 ORDINANCE First Reading 10-00845zt
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AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", TO CREATE A NEW DIVISION, 7, ENTITLED "INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS", IN ARTICLE XIII, ENTITLED " ZONING APPROVALS FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", TO CREATE A PROCESS TO ALLOW INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS TO SECURE PRIVATE PROPERTY AND SET FORTH PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00845zt CC Legislation (Version 1).pdf 10-00845zt CC FR 07-22-10 Fact Sheet.pdf
LOCATION: Citywide
APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami
FINDING(S): PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will create a temporary permit process to allow securing of vacant or unimproved lots when no construction activity is taking place or no certificate of use is active for such properties.
NOTE(S): On July 22, 2010, the City Commission recessed and resumed the meeting on July 29, 2010.
Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
Chair Sarnoff: PZ.12.
Dakota Hendon (Special Project Assistant): Good afternoon. Dakota Hendon, with the Planning Department. PZ.12 is a modification to Chapter 62 of the City Code, entitled “Zoning and Planning,” to create a new Division 7, titled “Interim Fencing for Vacant or Unimproved Lots.” What this will do is will allow for vacant and unimproved lots to secure their properties with a fence at the property line, which would otherwise not be allowed by the Zoning Code. The limitations are eight feet in height. And there's two modifications that we would like to make between readings, and that's one, to clarify that interim parking lots do not get to use this division. They will fall under the interim parking division as far as fencing requirements. And there's one reference to base building line; that we would like to say “property line.”
Chair Sarnoff: All right. That'll come about on the second reading?
Mr. Henry: Yes.
Chair Sarnoff: Okay. Is there --?
Commissioner Suarez: So moved.
Chair Sarnoff: Motion by Commissioner Suarez, second by Commissioner Dunn. Any -- this is a
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public hearing. Anybody wishing to be heard on PZ.12? Hearing none, seeing none, coming back to the Commission. Madam City Attorney, it is an ordinance.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Pamela L. Latimore (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Latimore: The ordinance passes on first reading, as modified, 4-0.
PZ.13 RESOLUTION 09-01464za A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso.pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.pdf 09-01464za CC Fully-Executed Legislation (Version 3).pdf 09-01464za CC Fully-Executed Legislation (Version 4).pdf 09-01464za CC 07-22-10 Fact Sheet.pdf
APPELLANT(S): Bob de la Fuente, Esquire, on behalf of Outlook Media of South Florida, LLC
FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on March 22, 2010 by a vote of 6-1.
PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation.
Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
Chair Sarnoff: All right. Do any of the Commissioners wish to have any of the items removed from the consent agenda or the regular agenda?
Santiago Echemendia: On item 13, Mr. Chairman, I don't think you can defer it at this point. It's not 10 o'clock yet. It's a P&Z (Planning & Zoning) item. We would object to the deferral. The City Commission already deferred the item once. We consented to that deferral. We're ready to go today. I believe we have the right to be heard. You know that there is a pending lawsuit underlying this particular appeal, or at least I am advising you of that, which is between Outlook Media and Carter.
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Chair Sarnoff: Okay, Mr. Echemendia --
Mr. Echemendia: And so we would -- go ahead.
Chair Sarnoff: -- you've made your point and the motion is already heard. I'm going to ask the City Attorney. Can we defer these or can we make the motion prior to 10 o'clock?
Julie O. Bru (City Attorney): We usually do that and then we repeat it. When we start the P&Z agenda, we repeat it so --
Chair Sarnoff: Okay, so we'll repeat it once we get to the P& --
Ms. Bru: You're deferring it now so that if anybody's here, they know that it's going to be deferred. But then you again renew that at 10 -- you know, after 10 or usually before you take up P&Z.
Chair Sarnoff: Okay, very good. Then we'll do that again.
Mr. Echemendia: Thank you.
Chair Sarnoff: All right. Gentlemen, the Mayor's made a request to have a number of items heard. We're going to hear all the M1s [sic], so M.1, M.2, M.3. We're then going to go to RE.9. I then think by then we'll have a 10 o'clock time set. We're going to go to PZ.16, 17. Probably doesn't -- (UNINTELLIGIBLE) probably not worth going beyond that. But the number of the items are coming up in accordance with the desires of having them projected by the Mayor.
PZ.14 RESOLUTION 10-00405ii A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD AND THEREBY GRANTING WITH CONDITIONS THE CLASS II SPECIAL PERMIT APPLICATION NO. 10-0027, ISSUED BY THE PLANNING DIRECTOR ON MARCH 11, 2010, TO ALLOW AN ADDITION TO RANSOM EVERGLADES SCHOOL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3575 MAIN HIGHWAY, MIAMI, FLORIDA.
10-00405ii Miami 21 Map.pdf 10-00405ii Zoning Map.pdf 10-00405ii Aerial Map.pdf 10-00405ii Class II Special Permit Appeal Letter.pdf 10-00405ii Supporting Documents.pdf 10-00405ii PZAB Reso.pdf 10-00405ii Class II Special Permit Final Decision.pdf 10-00405ii PZAB Appeal Letter & Supporting Document.pdf 10-00405ii CC Legislation (Version 3).pdf 10-00405ii CC Legislation (Version 4).pdf 10-00405ii CC 07-22-10 Fact Sheet.pdf 10-00405ii Exhibit A.pdf 10-00405ii-Submittal Ex B and C- Ransom Everglades.pdf
Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 132 Printed on 8/27/2010 City Commission Meeting Minutes July 22, 2010
Votes: Ayes: 3 - Commissioner(s) Carollo, Sarnoff and Suarez Absent: 2 - Commissioner(s) Gort and Dunn II
R-10-0311
Chair Sarnoff: You need to say anything with the P&Z (Planning & Zoning)?
Priscilla A. Thompson (City Clerk): We -- for the P -- usually for the P&Z agenda, the City Attorney will read a statement into the record, then we will follow that with your administration of the oath.
Maria J. Chiaro (Deputy City Attorney): Mr. Chair, I can read all the procedures for the P&Z agenda now or you can take this one item. I don't -- I think a settlement doesn't need the procedures. I'd rather read the procedures before we start the rest of the --
Chair Sarnoff: That's fine.
Ms. Chiaro: -- PZ items.
Chair Sarnoff: I want to make sure we're doing it the way you want to do it. All right. So PZ.14, PZ.15, gentlemen, page 36, page 37 of your agenda.
Ms. Thompson: Does that also mean we do not have to swear in anyone that's giving --?
Ms. Chiaro: That's correct. This is --
Ms. Thompson: Thank --
Ms. Chiaro: -- a settlement, so no.
Ms. Thompson: -- you.
Vice Chair Carollo: Mr. Chair.
Chair Sarnoff: Yes, sir.
Vice Chair Carollo: Just for clarity, we're going to take PZ.14 and 15 and then break?
Chair Sarnoff: Well, I'm going to try and continue -- no. What I'm going to -- I'm going to take a shot at doing the PZ.16 and 17.
Vice Chair Carollo: Okay, so you're going to do 14, 15, 16, and 17, and then we're going to break?
Chair Sarnoff: Then we're going to break.
Vice Chair Carollo: Okay, 'cause --
Chair Sarnoff: Amendment?
Vice Chair Carollo: Yeah, but I'm going to try to push it.
Chair Sarnoff: Okay. All right, let's go.
Ms. Thompson: I'm sorry, Chair. Because you're discussing, we do have three CRA (Community Redevelopment Agency) meetings scheduled for 12.
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Chair Sarnoff: We have -- I understand, but I --
Ms. Thompson: Okay, thank you.
Chair Sarnoff: -- understand that we could take that up at 12:30, 12:45 --
Ms. Thompson: Okay, thank you.
Chair Sarnoff: Thank you. You're recognized.
Andrew Dickman: Thank you. Andrew Dickman, attorney for Deli Torres, who resides at 3090 Monroe Drive. We're here on an appeal of a PZAB (Planning, Zoning and Appeals Board) decision. At this moment -- this is involving Ransom Everglades. We have had a meeting of the minds. I don't want to call it a settlement. They have will -- they are willing to proffer some conditions to their aquatic center development that they have -- they're proposing to build. Those conditions are before you, and we have agreed to those. And should you accept those conditions, we will not challenge a denial of our appeal and we'll happily go our way.
Chair Sarnoff: Okay. Thank you.
Mr. Dickman: By the way, Ms. Torres is standing next to me.
Chair Sarnoff: Hi, Ms. Torres. How are you?
Unidentified Speaker: How are you?
Chair Sarnoff: Nice to see you. Anyone else wishing to be heard on PZ.14 and 15?
Adrienne Pardo: Hi. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of Ransom. We're requesting that you incorporate Exhibit B and Exhibit C, and take the place of the exhibits that the PZA [sic] board had included, and we would request that you deny the appeal. And we had a meeting of the minds and we're hoping you'll support it.
Chair Sarnoff: Thank you. Mr. Fernández, you agree with what has been said?
Ms. Pardo: He's item 15.
Chair Sarnoff: Oh, we're going to -- Are there --? So PZ.30 -- I'm sorry, PZ.14 is the De La Cruz appeal? All right.
Ms. Pardo: The Deli Cruz -- Deli Torres.
Chair Sarnoff: Deli Cruz [sic].
Ms. Pardo: Deli Torres.
Chair Sarnoff: Deli -- I'm sorry, Deli Torres.
Ms. Pardo: And Shannon Fairbanks.
Chair Sarnoff: You can never get a gringo to get like more than two names out of his mouth. It's just -- I don't know. All right. The Vice Chair is chairing.
Vice Chair Carollo: Do you have a motion?
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Chair Sarnoff: I do. I have a motion to deny the appeal; and instead of the three conditions put by the PZAB Board, to put as Exhibit B and Exhibit C that you gentlemen have in front of you those conditions of the Class II, but it will be a motion to deny.
Vice Chair Carollo: There is a motion by Chairman Sarnoff. Is there a second?
Commissioner Suarez: Second.
Vice Chair Carollo: Seconded by Commissioner Suarez. Any discussion? Anyone from the public wishing to speak on this? Public hearing is closed. It's a resolution. All in favor, say “aye.”
The Commission (Collectively): Aye.
Vice Chair Carollo: Anyone in opposition have the same right to say “nay.” Motion passes unanimously.
Ms. Thompson: I'm sorry, Vice Chair. I just wanted to make sure because Commissioner Gort walked in at the tail end --
Commissioner Gort: I support it.
Ms. Thompson: Okay, so you have a motion to deny --
Vice Chair Carollo: Right.
Ms. Thompson: -- which was approved, 3-0.
Vice Chair Carollo: Correct.
Ms. Thompson: Okay.
Vice Chair Carollo: Thank you.
Ms. Pardo: Okay. Thank you.
PZ.15 RESOLUTION 10-00405ii-a A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD AND THEREBY GRANTING WITH CONDITIONS THE CLASS II SPECIAL PERMIT APPLICATION NO. 10-0027, ISSUED BY THE PLANNING DIRECTOR ON MARCH 11, 2010, TO ALLOW AN ADDITION TO RANSOM EVERGLADES SCHOOL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3575 MAIN HIGHWAY, MIAMI, FLORIDA.
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10-00405ii Zoning Map.pdf 10-00405ii Miami 21 Map.pdf 10-00405ii Aerial Map.pdf 10-00405ii Supporting Documents.pdf 10-00405ii Class II Special Permit Appeal Letter.pdf 10-00405ii PZAB Reso.pdf 10-00405ii-a Class II Special Permit Final Decision.pdf 10-00405ii-a PZAB Appeal Letter and Supporting Documents.pdf 10-00405ii-a Hearing Boards Email to Caroline Weiss.pdf 10-00405ii-a CC Legislation (Version 3).pdf 10-00405ii-a CC Legislation (Version 4).pdf 10-00405ii-a CC 07-22-10 Fact Sheet.pdf 10-00405ii-a Exhibit A.pdf 10-00405ii-a-Submittal-Ex. B-Landscape PLan.pdf
Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Gort
R-10-0312
Vice Chair Carollo: We will now move to PZ.15.
Jorge Fernández: Mr. Chairman, Commissioners, my name is Jorge Fernández. I represent Caroline Weiss, an appellant on this application. Before I proceed with my very, very brief presentation, the record needs to be made on two very significant issues. Two years have lapsed since the last time we were related, which means that I may now appear in front of you without that restriction. And secondly, and perhaps most importantly, a situation where I have met with the Clerk and with the City Attorney and have discussed with them the fact that at the moment that I was retained by Ms. Weiss to represent her, there were no courses available to take the now required ethics course. I can represent to you that I have already -- I -- my name is on a standby list. The very next one that's offered, I will be taking. I've spoken to Janet at the Metropolitan -- FIU (Florida International University) Metropolitan Center, and immediately upon taking it and passing it, I intend to register as a lobbyist and meet all of the conditions that this Commission has on attorneys appearing in front of you on behalf of a client.
Vice Chair Carollo: Thank you, Mr. Fernández. And if you'll allow me, I'd like to refer to my City Attorney. Madam City Attorney, could he then come before us and represent the client?
Maria J. Chiaro (Deputy City Attorney): Yes. As an officer of the court, he has represented to you that he will take the course as soon as it is possible for him to do.
Chair Sarnoff: You want a motion to waive it?
Ms. Chiaro: You don't need a motion.
Chair Sarnoff: Okay.
Ms. Chiaro: He's made the representation.
Chair Sarnoff: All right.
Vice Chair Carollo: Thank you, ma'am. Go ahead, Mr. Fernández.
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Mr. Fernández: Thank you, Commissioners. In this matter, likewise, the applicant will make a proffer of landscaping that will become part of the resolution that will in fact give the applicant their Class II Special Permit. We will not call it a settlement neither, but we think it's an agreement of the mind that we have reached with the school, with Ransom, and I think it's a good agreement. And therefore, subject to this Commission accepting the proffer that Ms. Dougherty will make with regard to the understanding that Ms. Weiss and Ramson [sic] have reached, we would have -- we would not appeal. We would not object to your passage of the resolution.
Vice Chair Carollo: Thank you. Anybody else wishing to speak on this item?
Adrienne Pardo: Hello. Adrienne Pardo, with law offices at 1221 Brickell Avenue. I think that Lucia gave you all a copy of the landscape plans, and we are proffering this and requesting that you deny Ms. Weiss's appeal, but you include this as a condition to the Class II Permit.
Vice Chair Carollo: Thank you. Anyone else wishing to speak? Go ahead, ma'am.
Caroline Weiss: Yes. I would like to add another condition, that --
Vice Chair Carollo: Name and address, please.
Ms. Weiss: My name is Caroline Weiss, 3187 Royal Road, Coconut Grove, 33133. I would like to add to the condition that no CO, Certificate of Occupancy, will be issued until the work that is in the agreement will be completed.
Chair Sarnoff: I'm going to make a motion to deny the Class -- to deny the appeal, and in place of the Class II Permit, require a landscape plan, identified as LO-1, be incorporated as part of a Class II Permit.
Vice Chair Carollo: There is a motion by Chairman Sarnoff. Is there a second?
Commissioner Suarez: Second.
Vice Chair Carollo: Seconded by Commissioner Suarez. Any discussion? Anyone else from the public wishing to speak? No discussion?
Priscilla A. Thompson (City Clerk): Excuse me.
Vice Chair Carollo: All in favor, say “aye.”
Ms. Thompson: Excuse me, Chair --
Vice Chair Carollo: Yes.
Ms. Thompson: -- Vice Chair. Before you take the vote -- because I want to be very clear. So what we have here is a resolution that is now modified. The resolution is denying the appeal, okay, with the modification stated, affirming the decision of the Planning, Zoning and Appeals Board? Okay.
Chair Sarnoff: With the requirement and in place of that they have the landscape --
Ms. Thompson: Right.
Chair Sarnoff: -- plan described as LO-1 --
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Ms. Thompson: Correct.
Chair Sarnoff: -- as part of the Class II Permit.
Ms. Thompson: Correct. And thereby denying with conditions?
Chair Sarnoff: Correct.
Ms. Thompson: Denying with conditions.
Chair Sarnoff: Correct.
Ms. Thompson: Okay. I just want to make sure that we have each element correctly stated in your resolution.
Ms. Chiaro: Denying the appeal with conditions, thereby granting the Class II Permit.
Chair Sarnoff: With conditions.
Ms. Chiaro: With conditions.
Vice Chair Carollo: With conditions.
Chair Sarnoff: Right.
Ms. Pardo: I just want to confirm that the conditions that the PZAB Board adopted earlier will not be applied to this one --
Chair Sarnoff: Correct.
Ms. Pardo: -- 'cause we replaced it on the other one.
Chair Sarnoff: Correct.
Ms. Pardo: Okay.
Chair Sarnoff: Substitution.
Vice Chair Carollo: Any further discussion? All in favor, say “aye.”
The Commission (Collectively): Aye.
Vice Chair Carollo: Anyone in opposition have the same right to say “nay.” Motion passes unanimously.
Lucia Dougherty: Thank you very much.
PZ.16 ORDINANCE Second Reading 06-01053zt City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING THE OMNI Office MEDIA TOWER REGULATIONS AND AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," MORE PARTICULARLY BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO CREATE A NEW DIVISION City of Miami Page 138 Printed on 8/27/2010 City Commission Meeting Minutes July 22, 2010
8 ENTITLED "OMNI MEDIA TOWER REGULATIONS"; PROVIDING FOR INTENT AND PURPOSE; REQUIRING A DEVELOPMENT AGREEMENT IN CONJUNCTION WITH THE PLACEMENT OF AN OMNI MEDIA TOWER; CREATING DEFINITIONS, CRITERIA, A PERMITTING PROCEDURE, APPROVAL PROCESS AND FEES; PROVIDING FOR APPEALS, AND A COUNTY OPT-OUT PROVISION; PROVIDING FOR RESOLUTION OF CONFLICTS AND ENFORCEMENT; AND ALSO FURTHER AMENDING CHAPTER 62 ENTITLED "URBAN DEVELOPMENT REVIEW BOARD", SPECIFICALLY, ARTICLE IX, ENTITLED "FUNCTIONS, POWERS AND DUTIES GENERALLY" SECTION 62-258 (1) TO PROVIDE ADDITIONAL REVIEW POWERS TO THE URBAN DEVELOPMENT REVIEW BOARD WITH REGARD TO MEDIA TOWERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01053zt Legislation (Version 1).pdf 06-01053zt CC 07-22-10 Summary Form.pdf 06-01053zt-Submittal-District 3.pdf 06-01053zt-Submittal-District 2.pdf 06-01053zt-Submittal-Dusty Melton.pdf 06-01053zt-Submittal-Barbara Bisno.pdf 06-01053zt-Submittal-William E. Pino, P.E..pdf 06-01053zt-Submittal-Disclosure of Consideration-Mark A. Siffin.pdf 06-01053zt-Submittal-Memo-Bercow Radell & Fernandez.pdf 06-01053zt-Submittal-Bercow Radell & Fernandez.pdf 06-01053zt-Submittal-Signatures of Support.pdf 06-01053zt-Submittal-Support Letters and Signatures 06-01053zt-Submittal-Dusty Melton 1 (7-29-10).pdf 06-01053zt-Submittal-Dusty Melton 2 (7-29-10).pdf 06-01053zt-Submittal-Miami-Dade County Memo.pdf 06-01053zt-Submittal-Disclosure of Consideration-Mark A. Siffin 7-29-10pdf.pdf
Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
13190
Lourdes Slazyk (Zoning Administrator): Okay. For the --
Chair Sarnoff: All right. You're recognized for the record.
Ms. Slazyk: Thank you. For the record, Lourdes Slazyk, Zoning. PZ.16 is an ordinance amending Chapter 62 of the City Code by amending Article XIII to create a new Division 8 in order to permit media towers in the Omni CRA (Community Redevelopment Agency) area. The Omni CRA includes the Miami Performing Arts Center, which serves as a regional arts and entertainment venue drawing performances from around the world. This ordnance enables the development of media towers only through the enactment of a development agreement to be approved by the City Commission. The development agreement ensures that the City will be the recipient of substantial public benefit for the consideration of permitting these media towers. Through this ordnance the Manager will be authorized to approve media towers after review and recommendations are rendered from the City's UDRB (Urban Development Review Board) and the directors of Planning, Building, and Zoning Departments. In addition, all of such towers shall also be subject to approvals by Miami-Dade County and FDOT (Florida Department of Transportation). The substantial public benefits will assist in the removal of blight from the CRA area and through implementation of the media towers will provide public parking for a minimum
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of 1,000 cars to serve as support for the significant public investment involved in the PAC (Performing Arts Center). In addition, the towers will promote the regional commercial and entertainment functions of downtown and the Omni CRA. In addition, if these properties on which a media tower will be located are the subject of a current Major Use Special Permit, Section 62-804 of the ordnance allows for the tolling of the MUSP through the required development agreement as a further consideration for the provision of parking and other public benefits. And we'd like to make one clarification on Section 62-808. The fee is a $2 per square foot per month per sign fee is what is associated with this. Thank you.
Chair Sarnoff: All right.
Ben Fernandez: Thank you.
Chair Sarnoff: You're recognized for the record.
Mr. Fernandez: Yes, Mr. Chair. Good afternoon, Mr. Mayor, Mr. Manager, members of the board. Ben Fernandez, 200 South Biscayne Boulevard. I want to just begin by reading into the record a disclosure of consideration that was filed by our office last night or actually yesterday on behalf of Maefield Holdings, LLC (Limited Liability Company). Want to disclose that there is a restrictive covenant -- a private restrictive covenant with BDB Miami, LLC, which is a property owner within the area of the property that is subject to this application. And that there is no monetary compensation, but there is a benefit in that covenant. There are also offered labor agreements with the following unions: the carpenters union, laborers union, the plumbers union, ironworkers union, and the White's Construction Company. In addition, there is an agreement to support with the Venetian Condo Association and The Grand. And those are all part of the public record. I will go into the presentation at this point. With me today is Mr. Mark Siffin and Mae Siffin of Maefield Holdings, LLC, Andy Dolkart of Miami Economic Associates, John Cardello of ADD, Inc., our project architect.
Chair Sarnoff: Mr. Bercow, do you have any objection to me opening up PZ.16 and 17 together so the record would be together?
Mr. Fernandez: We would like that.
Chair Sarnoff: All right. So what I'm going to do is open up PZ.16 and 17 together so the record can be reviewed on either item.
Mr. Fernandez: Thank you. Mr. Glen Wiebe of Daktronics, our lighting consultant; my partner, Jeffrey Bercow, and my colleague, Melissa Tapanes-Llahues. The first thing I'd like to do here is dispel any notion that the media tower is a novel or new concept in the City of Miami. The media tower is really nothing new. It's a use that's been contemplated by City officials. It's been described in two different city codes, and there are various studies that have been commissioned by this very Commission concerning the media tower where the media tower has been referenced. The first incarnation of the media tower was under Zoning Ordinance 11000, and it was created in the early '80s, and that's what you see on your monitor now. That image comes straight out of a CRA redevelopment plan. The definition of the media tower under 11000 was a structure that may serve as a viewing tower and a kinetic illuminated media display system utilizing signage, video, and all other forms of animated, illuminated visual message media within the Southeast Overtown/Park West redevelopment area. Back when this section was created under the prior code, the vision of the media tower was to help define an entertainment center within the Southeast Overtown/Park West CRA area. The media tower was to be a part of a pedestrian-friendly promenade along Northeast 11th Street that would bridge today's Museum Park, then Bicentennial Park, with downtown and Overtown. As recently as last year, the adoption of Miami 21 confirmed that the media tower concept continues to be relevant today. Miami 21 carried over the media tower provisions of 11000 into our new form-based code with
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only some minor modifications. And it's interesting because this is one of the few things that Miami 21 didn't change from Ordinance 11000. It pretty much threw out everything else. The new Miami 21 provision anticipates a Miami media tower as an exciting focal point within the WorldCenter/Southeast Overtown/Park West CRA area. And you can see the definition on your screen out of Miami 21 in Section 6.5.4 that describes almost the identical definition, a structure that may serve as a viewing tower, kinetic illuminated media display system utilizing signage, video, et cetera within the Southeast Overtown/Park West area. So both definitions are practically identical, the key being that this can only be located within the Southeast Overtown/Park West CRA area. Unfortunately, as all of you Commissioners sit here today in consideration of this ordinance and this development agreement, more than 20 years have passed since the media tower concept was first conceived, and still there is no media tower within the Community Redevelopment Agency, and there is no -- agency area, and there's no media tower within the City of Miami. So that brings us to the ordinance that the Mayor and the Manager have before you today. This ordinance brings the media tower to fruition by recognizing that circumstances have changed since the media tower was first conceived and that it is now appropriate for the media tower to be located in the Omni CRA as well as in the Southeast Overtown/Park West CRA areas. The ordinance allows the media tower in the most appropriate location within the CRA, we believe, which is within the performing arts district area, and specifically on the City Square properties that are coming up on your screen in just a moment. The ordinance also is appropriate because it will create a media tower in an area that -- where it can be an icon and serve as a point of reference for residents and tourists visiting the City of Miami. That's always been the intent of the media tower in all of the reports prepared by professional consultants to the City of Miami. The ordinance also establishes specific criteria for media towers that don't exist in the code today for a media tower. So we're actually creating more specific criteria than what exists today for this very same use via this ordinance, and my partner, Jeff, will get into those criteria a little bit more specifically in just a little bit. But before we go into that, I want to just introduce you or -- many of you are new to this major use permit, so I want to tell you about what has been approved on this property in the past. The property is subject to two separate major use permits. And it's important to understand what's approved because that will allow you to understand what Mr. Siffin, the developer, is conceding to via the development agreement that you're also considering at this time. The City Square residential major use permit was approved with 942 dwelling units, 13,566 square feet of retail uses, 1,684 parking spaces within a 623-foot-high, 60-story structure, and this is for the property that you see on your screen, and it is behind the Boulevard Shops, to give you a point of reference, on Biscayne Boulevard. It's approximately a 1.9-acre property. That's the smaller property of the two that you see on these boards as well. The City Square retail major use permit was another major use permit approved on the six-acre property located across North Bayshore Drive to the east from the smaller site. That was approved for approximately 641,000 square feet of retail use, 4,052 parking spaces, in a five-story 130-foot-high commercial structure. This is what is the subject of phase two in the development agreement and that is the City Square retail MUSP. Combined, these major use permits essentially approve two 60-story high-rises that you see on the screen and a big-box retail use similar to Dadeland Station, immediately next to the Performing Arts Center, which you can also see in the image before you. When you compare the major use permit approvals to the phase one and phase two development agreement project that we're presenting today, what you will find is that the phase one height will be reduced considerably by over 170 feet compared to the City Square residential major use permit. Similar -- phase one will also provide 1,600 cars parking garage, 2,000 square feet of retail, and it will also renovate the historic Boulevard Shops on Biscayne Boulevard. Phase two of our development agreement also reflects a major reduction in the size of the approved major use permit. Phase two features a pedestrian-oriented, open-air, plaza-style retail project with a trolley route, as well as an observation tower. Phase two will be limited to a maximum height of 75 feet versus 130 feet. It'll be approximately 300,000 square feet of retail versus the 641,000 that was approved by the prior MUSP. And the project is going to be specifically designed to accommodate upscale retailers, food and beverage establishments, and a movie theater, rather than the big box that was previously approved for the property. So the point being that our
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proposal today is going to generate fewer vehicular impacts to the area and it's going to create fewer structural or building massing impacts to the area by reducing the overall project considerably. Now I'd like to go back a moment to the ordinance because the rationale for the ordnance and the justification for the ordinance goes beyond simply the fact that Miami 21 already contains a definition for a media tower, and it goes beyond the fact that there's a precedent from the prior code that also contained a definition for the media tower. The rationale for this ordinance is also the fact that the media tower is going to create specific benefits today for the Omni CRA area. A major infrastructure improvement will be provided that's going to generate significant increase in TIF (Tax Increment Fund) dollar revenues for the CRA, as well as the City of Miami. And this improvement is going to be in the form of the 1,600-space parking garage that will also be addressing the Performing Arts Center parking deficit. And this parking structure is going to serve as a transportation hub that will connect pedestrians to the Metromover, which is directly abutting this site, and thereby also connect visitors to the PAC area, to the rest of downtown, to Museum Park, and to the club districts as well. There's also a financial benefit -- a significant financial benefit to this development agreement. Phase one and phase two projects combined will provide the City of Miami with revenues in excess of $2.3 million annually. This is inclusive of ad valorem taxes, parking surcharge payments, signage fees, and sales tax rebates. Of this amount, 1.9 million is attributable to the parking garage revenues -- approximately 1.9 million, and approximately $397,000 is attributable to the retail facility. The Omni CRA will receive approximately $2.5 million annually, including 1.7 million from the retail facility and approximately 700,000 from the parking garage. The project is also going to generate approximately $339,500 in impact fees for the Downtown Development Authority and approximately $118,450 annually in recurring ad valorem revenues after the project has been constructed. Finally, with respect to jobs -- and I know that this is a very important issue for many of the people that are here today -- this project is going to employ 2,900 people during the construction phase of the project. And you'll hear today from Mr. Siffin that we're ready to go with this project. In addition, after construction, this project is going to provide 883 permanent jobs as well. So with that, I want to turn it over to Jeff to tell you a little bit more about the ordnance itself. Thank you.
Julie O. Bru (City Attorney): Mr. Chair, before we go on, I'd just like to make sure that we do something in a clean way. We have an ordnance and we have a development agreement. The ordnance is a legislative matter. It's -- it really stands on its own, and it's something upon which you have to act because it's first reading for the ordinance today. The development agreement, you don't have to act on that. It's just a public hearing. Even though everything is kind of interwined [sic] in their presentation, I'd like for you to, when you take up the ordinance, take it up separately, have a public hearing for the ordinance, vote on that, and then just have the public hearing on the development agreement. I know that you're trying to save time and listen to everything --
Chair Sarnoff: I'm not trying to save time, but there may be -- if -- there may be an amendment that I'm going to tender that's going to reference the build agreement 'cause I may want to make some changes to the build agreement.
Ms. Bru: Well, but right now what was introduced by the Administration was the ordinance. We're on PZ.16.
Chair Sarnoff: I thought we opened up both of them together.
Ms. Bru: You did. And I wanted to -- I didn't want to interrupt, but what is before you now is PZ.16, which is the ordinance. The ordinance is permitting a regulatory scheme. It has a criteria. It's a technical matter. If you want to address the ordinance, that's what I would suggest. Open up the public hearing on the ordinance, have your vote on the ordinance, and then we can deal with the development agreement, which is just a public hearing today, and that one is more unique to this project, because the ordinance really stands on its own. It's an
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ordinance for a media tower. It could be any media tower in the district, not this media tower. Doesn't have --
Jeffrey Bercow: Mr. Chair.
Ms. Bru: -- to be this one only.
Chair Sarnoff: Well, let me put it to you like this, Madam City Attorney. I intend -- it's pretty obvious what's going on. I intend to let -- what we vote on on each particular issue, I understand, has got to be discreet. However, everything that's submitted here today should be a part of the record for either one, and the reason is 'cause some of the amendments I may suggest, I think, are going to be necessary to be part of that, and I'm going to make some amendments to the ordinance so that the build agreement may, in fact, on certain circumstances govern. So I think it's hard to do what you want to do. However, I agree with you; you've got to vote separately inevitably. But I think the record can be for both.
Ms. Bru: Okay. Well, we will try to help you keep the record straight so that the ordinance stands on its own; the vote, the public hearing reflects the ordinance, and then matters that concern this legislatively authorized development agreement can then just stand on their own, okay?
Chair Sarnoff: Understood.
Mr. Bercow: Thank you.
Chair Sarnoff: You're recognized for the record.
Mr. Bercow: Thank you, Mr. Chair, Commissioners. Jeffrey Bercow, with Bercow Radell Fernandez, 200 South Biscayne Boulevard, also representing Maefield Holdings. And for the record, Mr. Chair, we do agree with you and our presentation obviously addresses both the ordinance and the development agreement, but we believe that each vote needs to be taken separately. As Ben mentioned earlier, media towers have been in the Miami code for quite a long time. However, they've never been defined and there has never been any development criteria or development -- or building regulations for a media tower, and that's what this ordinance does. This ordinance creates the definition of a media tower and establishes criteria and conditions for building one and, perhaps most importantly, allows for a media tower in the Omni CRA, since previously the media tower was only permitted in the Southeast Overtown/Park West Community Redevelopment Area. So let's talk about the criteria and conditions in this ordinance for a media tower. Media tower buildings must provide for parking for a minimum of four -- of a minimum of 1,000 cars. That creates a significant infrastructure improvement for the Omni CRA --
Priscilla A. Thompson (City Clerk): Excuse me, Chair. I'm sorry. There is a presentation that they want to be running, and we're just notifying our AV (Audiovisual) people if they can put your presentation up. The presentation is not showing.
Mr. Bercow: -- that satisfies an infrastructure deficiency and provides a major public benefit for the area. The lighting of media towers must be designed so they don't increase light levels past certain specified limits. They must be less than one foot candle above ambient lighting level 400 feet from the media tower, less than half a foot candle above the ambient lighting level at 600 feet from the media tower, and less than a quarter foot candle above the ambient level at 800 feet from the media tower. Our lighting studied prepared by Daktronics is in a booklet that we're going to distribute at the end of our presentation. Our lighting expert, Glen Wiebe, is here to answer any questions that you may have on that study. Media towers must be illuminated by light-emitting diode, LED, lights, and they must eliminate glare and intensity that might pose a
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safety hazard for pedestrians and drivers. The illuminated surfaces of media towers cannot face residential units within 500 feet and no portion of a media tower can be located within 300 feet of the T3, T4, or T5 transects. The ordinance provides a 500-foot-high limitation on the media towers, and all of these permit applications require UDRB review. They can only be approved if they are consistent with the ordinance's criteria. The permit fees are $2 per square foot for the visual media display system and cannot be less than 48,000 per year. And perhaps, most important, each media tower must be accompanied by a development agreement that requires two public hearings and City Commission approval. And of course, we have one on the agenda today. And I would point out to you that that development agreement is not the first development agreement that the City Commission has approved. Miami WorldCenter and the Flagler Dog Track are both examples of previously approved development agreements, and they're appropriate for large projects that are built out over time that require assurances that they can proceed under the existing regulations. This development agreement provides those assurances subject to the terms and conditions set forth in the agreement. And by the way, we have discussed with the City Attorney's office that the development agreement on our part will be signed by Maefield after Maefield closes and not by McClatchy, so Maefield will be the only signatory from the landowner standpoint. Here's what the development agreement requires. Phase one requires construction of a media tower and parking garage. The media tower will include two tower structures that will accommodate the LED displays. They are proposed for 250 feet and 350 feet over the parking garage pedestal. These structures will illuminate and enhance this cultural and entertainment destination. They will foster a stronger sense of place and visual identification within the Omni CRA. They will serve as a catalyst to remove blight from the CRA area and improve the safety and aesthetics of this area. They'll bestow a unique regional and national identity to the Miami urban core, provide a landmark for downtown visitors to the Museum Park area, Bayside, and the Bayfront area, and promote the Performing Arts Center by adding illumination and a visual icon. Phase one will also include a 1,600-space parking garage that will be available to serve the patrons of the Performing Arts Center and other members of the public, as well as ultimately the retail center in phase two. The parking garage will also include ground floor retail space and the existing Boulevard Shops will be rehabilitated for functional uses. Phase two of the project to the east is comprised of approximately 300,000 square feet of retail space, and as you heard from Ben, we're hoping to put upscale retailers, food and beverage establishments within this plaza. There will be a -- we hope to have a department store and a movie theater as well. It will be designed around a central plaza, planned to accommodate a trolley that will circulate within the project. And this portion of the project will be designed and must be approved in accordance with your Miami 21 Code, which brings up an important point reflecting something Ben said earlier. This development agreement is the way that you provide the assurances -- that you receive the assurances that we will in fact eliminate those two residential towers that were 645 feet high with 945 dwelling units and 14,000 square feet of retail space. Those uses were expected to generate over 4,500 trips per day. Those get eliminated through the development agreement. The development agreement also requires the developer to abandon the previous approval for the City Square retail project, which is 641,000 square feet in space with a height of 130 feet. That's all in addition to the benefits provided by the parking garage that provides public parking for the area and by the media towers, which will serve as a catalyst to bring the development and activity to this currently slum and blighted area. One last point before I close, the ordnance and the development agreement collectively promote and are consistent with a number of important objectives and policies in your City -- City's Comprehensive Plan and the Omni's CRA plan. And we have a memo in our handout that we're providing you at the end of the presentation that addresses these in detail, but just some highlights. Objective -- Land-Use Objective 1.2 of the City plan says that the City shall promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining, or threatened residential, commercial and industrial areas through a variety of public, private, and public-private redevelopment initiatives and revitalization programs. The ordinance and development agreement collectively are such a public-private redevelopment initiative. Land Use Policy 1.3.6 says the City will continue to encourage the diversification in the mix of commercial activities through strategic and
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comprehensive marketing and promotion efforts. This is the promotion of that diversification of commercial activities in this area. And Land Use Policy 1.3.7 requires the City to continue to use its tax increment finance district and empowerment zone to stimulate economic revitalization and encourage employment opportunities. This project is in the tax increment financing district. It is in the empowerment zone, and you are encouraging economic revitalization and employment activities. The Omni's CRA plan specifically provides and requires the redevelopment of the Miami Herald properties and requires that this redevelopment should focus on certain objectives, all of which are consistent with this project. Extending pedestrian access ultimately all the way to Biscayne Bay, supporting the street level of pedestri -- street-level pedestrian activity, providing parking alternatives for the PAC, and the preservation of the historic shrine building, which are the Boulevard Shops. In addition, the CRA's plan says that the design guidelines should make allowances for creative signage and lighting, which contributes to the character of the district as a late-night entertainment destination. That, in a word, is exactly what the media towers do. The approval of this project will result in the redevelopment of the Miami Herald properties in a manner that is consistent with and promotes the principles of the CRA's redevelopment plan. So now I'd like to ask Mark Siffin, from Maefield Holdings, to come to the podium and to provide to you his vision of this area today and his vision of this area and our project for the future. And I'd like to ask finally -- request that Ben and I be recognized to respond to questions that might be raised by the public or by Commissioners. Thank you very much.
Chair Sarnoff: You're recognized for the record.
Mark Siffin: My name is Mark Siffin, 527 East Toledo. I've been a resident of the Miami area for close to ten years. I've been working on this particular project for approximately half a decade. Since I was first granted by this Commission the unanimous approval for the MUSPs which are in place on the project, which I think my attorney described far better than I could hope to do, I've worked diligently with the community, with the Performing Arts Center, in recognizing their interests, their thoughts and their ideas about how the project could evolve from your initial granting the authority to develop it into the project that's before you today. I've been lucky enough to spend time with the residents and hearing their thoughts and meeting with them one on one, in groups of two and three, seven and eight, twenty and thirty, up to several hundred. Over the course of hearing their thoughts and witnessing their vision, I've sought to incorporate that while addressing things that I've heard you say today as fiduciaries of this community. To create jobs, to create new tax dollars, to improve the quality of life, to generate the kind of vision that I think you are the fiduciaries of and looking after delivering for Miami. I've heard you dealing with financial affairs in a very responsible manner, and this project is a combination of all those aspirations to deliver a world-class project in the midst of an urban area that the City will be proud of and that I've been lucky enough to garner the support of the buildings and the residents who reside closest to the project. They granted that support because it affirms their vision of the area and they made the biggest investment that we as citizens make, which is in our domicile. And they did so of their own volition. They did so without asking for compensation. They did so without saying well, a quid quo pro [sic]. How 'bout [sic] we get a couple bucks in return and then we'll come there and say we support you. They came as a part of the process. They came because they saw the vision and the vision was reflective of their involvement in the process. We have an area. We've made a major investment in it. This project is intended to complement the vision while it's intended to deliver millions of dollars of taxes, and as the Chairman said, to affirm that that which is being proffered, that which has been being discussed is that which will be delivered, and it will be delivered in an expeditious manner and it will reflect exactly what we're discussing and nothing else and no change to that which we're discussing. Thank you so much.
Chair Sarnoff: Thank you. Is -- that's your primary presentation, correct? All right. Let me do this. Would you guys mind just taking down these signs or putting them to the side so we could at least face the public? And let me open it up to a public hearing. Anybody wishing to be heard
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-- and I'm going to take the public hearing on both items, Madam City Attorney, unless you instruct me otherwise -- on PZ.16 or PZ.17, please step up. State your name, state where you reside, and we'll try to get through this as quick as possible. You're recognized for the record.
Fred Frost: Yes, Mr. Chairman. My name is Fred Frost. I'm president of the South Florida AFL-CIO (American Federation of Labor-Congress of Industrial Organizations). It's nice to see the Mayor here, Mr. Chairman, and the members of the Commission. You all look very dapper. And I'm not here to sit there and talk to you about anything self-serving. I'm going to talk to you about what you said, Mr. Chairman. I'm talking to you about team because why I'm here is about all the people that are outside without jobs. We know what it's like to be without jobs. And for the first time, we have an opportunity to get 22, 29, maybe even more in what I believe is a culture change in this town of trickling down to the workers to truly uplift this. There is nothing better than to create the middle class in this town. Now before the economic downturn, we all have to remember we had 80 cranes line this skyline. We had more development and resources and capital pour into this community. But at the end of the day, we have a smaller middle class than we did 20, 30 years prior. I've met with developers in my lifetime. I met with Mr. Siffin a couple of years ago, and I'll be quite frank, I met with him in the last year or two, and he's something different. I'm not going to lie to you. I Googled him. I checked him out and I looked him square in the eye, and he's doing the right thing. He came here -- he's going to make a profit. We all know he's going to make a profit, but he's promising good, quality jobs for the local residents here. He came with wanting to sign a contract with working people, a contract with working people that is going to uplift this community so they can buy homes, so they can buy refrigerators, so they can go out to the restaurants. 'Cause you know when you lose a job, it's not just losing a job. It's losing your house. It's losing your healthcare. It's losing your car, and most people move out of here. This is a grand opportunity for us to uplift our community. I've given my nine years of doing this job to do just that.
Chair Sarnoff: Mr. Frost, I'm going to try to keep everybody at two minutes.
Mr. Frost: And I'm going to quit. I'm just going to tell you this is a grand opportunity. I definitely -- on behalf of the 25,000 members we have in City of Miami, please approve this project.
Chair Sarnoff: Thank you. You're recognized for the record, Mr. Kurland.
Nathan Kurland: Nathan Kurland, 3132 Day Avenue, Coconut Grove. Come with me now to the days of yesteryear. Most of the people in this room are not old enough to remember, but these are the words that introduced every episode of The Lone Ranger. What we have here is a harking back to times prior to this past year. Quoting yesterday's Miami Herald, Siffin's attorney, Jeffrey Bercow, acknowledged that “It's not often that a private attorney gets to design the public permitting process for a client's project.” But he said the proposal is so unusual that it merits special treatment by the City. Let me elaborate on what makes this so unusual. One, it ignores federal, state, county, and municipal law. Two, it completely ignores the special exception permit process. Three, it treats the citizens of Miami as if we're some rubes buying the special elixir. You wish to cure blight in the City of Miami, build advertising. The whole concept of the word “media tower,” unfortunately, is something I don't accept. We are talking about building advertising. I am not against creating jobs in the City of Miami. But I do not equate these two towers as being a job opportunity for the -- I mean, it seems to me that the job opportunities besieged us when we built Miami baseball stadium. I don't see those jobs. Three, we've all just come through -- hopefully, it's almost over -- the BP (British Petroleum) spin on the information we get. Originally, it was 12 to 20,000 gallons a day that were spilling into our ocean. And yet, we came to find out when there was an oversight committee that there was, in actuality, 1.2 million gallons of oil spilling into our ocean per day. We have one -- and I'll wrap it up, Mr. Chairman -- engineering company that says all the lights that are being produced by these towers are just fine, and we have another oversight engineering committee that says that
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this light absolutely affects the quality of life as it produces the light of four full moons. In conclusion, members of the Commission, Mr. Mayor, we need a lone ranger, not a power ranger. Thank you.
Chair Sarnoff: You're recognized for the record, Mr. Cruz.
Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street. I've been a resident of Miami for the -- since 1962. And first, I am for the new funding sources. That will be a new funding sources. We have to get away from giving all zoning -- all that property, 501(3)(c) [sic], the County, and I can name them because my wife used to work in Jordan Marsh and my son, in high school, he worked at the JC Penney's [sic] in the Omni Mall there. And we used to frequent all the restaurant out there, (UNINTELLIGIBLE), (UNINTELLIGIBLE), (UNINTELLIGIBLE) Grill, the whole thing, Mayfair Theater, where we went to see French movies there, (UNINTELLIGIBLE), the whole thing. We saw that. At the time -- and all those places were paying taxes. Jefferson store; now the School Board building. The other one, the Arscht Center doesn't pay any tax. We have to subsidize the Arscht Center, okay. And this will be paying taxes and jobs there, and I like that. Because at the time now that we got to be creative about getting money and stop firing people or laying off people. We got to create -- be creative, creative 101, and start doing something about jobs, about things. No. When I used to go there, used to go to Sears, Jordan Marsh, Jefferson -- now I have to go to Pembroke malls (UNINTELLIGIBLE). I use Midtown too, but if I want (UNINTELLIGIBLE) Dolphin Mall, other thing. How come -- like before, you go to Sears, Jordan Marsh, first-class store. Jefferson Discount -- everything was within driving distance from my house, two miles from my house. And now -- well, sure, you want to find a School Board building, right there. Sure. How much taxes that building pay? Nothing. How much the Jefferson store used to pay? A lot of money in taxes. How much Sears used to pay in taxes? A lot of money in taxes. Now the -- no wonder the City is going bankrupt - -
Chair Sarnoff: Thank you.
Mr. Cruz: -- because we're not getting any income --
Chair Sarnoff: Thank you.
Mr. Cruz: -- from all the buildings that are in the City.
Chair Sarnoff: Thank you, Mr. Cruz.
Commissioner Gort: Mariano, don't forget Northwest 20th Street. Chair Sarnoff: You're recognized for the record.
Jack Hartog: My name is Jack Hartog. I live at 1505 Northeast 13th Place. I am here as a homeowner in the City of Miami and as the president of the Venetian Causeway Neighborhood Alliance, an organization that for over 20 years has represented all the residents of the Venetian Islands. This is not to be confused with the condo association of the Venetian, which Mr. Fernández mentioned earlier. The advertising towers that are the subject matter of this legislation were dropped theatrically on the public less than three months ago. The adjacent retail plaza concept, which you just heard about, was announced only six weeks ago, without any written plans. The legislation before you, drafted almost entirely by the developer's lawyers, only became public three weeks ago. Yet, you are preparing to move forward with astonishing speed to pass legislation that promises trans -- to transform the panorama of downtown Miami, signal the end of decades of careful regulation of advertising billboards throughout all of Miami and Miami-Dade County, authorize at one location the visually dominating glare of the equivalent of well over one hundred rooftop advertising billboards in a project which will yield a bonanza of advertising revenue in all likelihood -- some of the estimates we've heard are between
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100 and $200 million annually to the developer without adequate recompense or regulation in the public interest. This legislation, if passed this month as is being proposed, is a civics lesson in bad government. It is bad government because if you pass this measure now, you will confirm the most cynical view of the Miami City Commission and its Mayors [sic] as failing to represent the public interest in favor of the manipulations of an engaging and well heeled developer. It is a bad gov -- it is bad government because if you pass this measure now, you are proclaiming unnecessary the normal review process allowing input from countless independent experts --
Chair Sarnoff: Mr. Hartog, in conclusion.
Mr. Hartog: In conclusion, it is bad -- there is no -- simply, there is no compelling reason in the public interest to act in haste on this measure now. It should be deferred until this fall.
Chair Sarnoff: Thank you, Mr. Hartog. You're recognized for the record.
Robin Heckler: Robin Heckler, 555 Northeast 15th Street. I'm a proponent of this excellent project. I'm going to delegate my two minutes to Sharon Dodge.
Chair Sarnoff: You're recognized.
Sharon Dodge: I'm Sharon Dodge, and that does not mean I'm going to talk a long time. I live at 555 Northeast 15th Street. I am the president of the board of directors of the Venetia Association for the last three years. I might be recognized in this room because several years ago I was one of the opponents of this entire development. Along with approximately ten very active Venetia residents and owners, I fought against it. And I'm here today to say that with qualification, the Venetia at this time is going to urge your passing on the first reading. We live in this neighborhood. We walk our dogs in the dark. We look out for people who might mug us. We want to see great change. I fought hard several years ago for one garbage can, which has now been removed from our street. I believe -- we've been approached by Mr. Siffin. He reached out to us. We did not welcome -- I did not return his calls for three weeks, but when I sat down to talk with him and when I invited him into a town meeting, I became engaged with the possibilities because I see that he is willing to mediate and moderate and to bring what we need in our area. We are presently engaged in discussions and negotiations, which will help me as the association president to address the effects of media towers that will open possibilities for greater benefit. You know, he is being touted as the recipient of huge amounts of revenue. I see revenue for others in this. In our building, two-thirds of the owners pay all the expenses. We have a third of owners who vanished. Our property values are a fraction of what they were in 2005, a fraction. We need to see some change. I will sum up by saying, in the words of one of our unit owners who's been there since 1996, in the town meeting with Mr. Siffin. She said, I've been living here since 1996, and I've been waiting to see the performing arts vision. I bought in 2005 believing in the same vision. She said, I look out my window -- and by the way, half of our 341 residential units are within 220 yards of these media towers. She said, I look out my window now and I see that Performing Arts Center like a jewel in a gutter. And she said, I don't want to walk through the gutter, and I don't think anybody else does. We see the potential for a link that will tie our beautiful performing arts area to the rest of our downtown. I urge you on first reading to pass this motion.
Chair Sarnoff: Thank you. You're recognized for the record.
Jim Ferri: Good afternoon now. Yes, it is afternoon. My name is Jim Ferri. I reside at 1000 Venetian Way. I believe Ms. Dodge, on behalf of the Venetia, can speak so eloquently because the Venetia faces the back of the advertising towers. They don't get any of the light coming out them into their windows. And if anybody was within 200 yards of light coming in their windows, they'd probably be dead from the glare within the first week. I have a unique situation in that I face the Herald. One thousand Venetia is all glass, and I have three floors in that in a
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townhouse. I also have my offices in that townhouse. I look at that building 24 hours a day. When I first heard of this, I approached it with an open mind. I'm a former magazine editor. I wanted to see what this was all about. I thought it could benefit everyone. However, looking deeper into it, I see that there are tremendous ramifications as to the quality of life in not only that area but all of the surrounding area. Those towers will emit so much light, changing light, color bouncing around into my rooms. I don't have to go to bed at night putting up blackout curtains every night. I also commend the design committee who designed some of the illustrations on the website, which I looked at this morning and noticed that everything here is Photoshopped. It's not going to look like this at all. Everything is made to look very dark. Also, I've seen the examples of the use of digital media around the world, both in the (UNINTELLIGIBLE) on Milano, all right, and in Toronto, at Time [sic] Square, and at the (UNINTELLIGIBLE) headquarters in (UNINTELLIGIBLE). They're irrelevant. Those are all areas that do not impact the residential area. They're downtown. Time [sic] Square faces in on buildings. Buildings prevent that light from coming out to the rest of the city. I ask that you look at this in your jobs here as guardians of the quality of life in the city. I mean, we laugh as citizens of America that we don't want the government in our bedrooms. Mr. Siffin, you're a very nice guy.
Chair Sarnoff: Mr. Ferri --
Mr. Ferri: We've met. But I think I don't want you there either. Thank you very much.
Chair Sarnoff: Thank you. Yes, sir.
David Restainer: Good afternoon. My name is David Restainer, at 1200 Brickell Bay Drive. I'm not compensated to be here, but I work with Fortune International, with offices at 465 Brickell, 1110 Brickell, 1200 Brickell, 1300 Brickell, 2666 Brickell. When I grew up, I would attend my grandfather's home. The Lone Ranger would play, and he had a telephone hooked to the wall with a cord, and you'd dial it like this, and it'd take a very long time to get around, and he didn't understand the telephone. He was an electrician with the International Brotherhood of Electrical Workers, and he understood electricity, but not the telephone. When my grandfather passed, they had telephones that were big bricks, big Motorola bricks, big things. He didn't understand those either. And rest his soul, he didn't really ever get a chance to see smart phones, like this one. He would have said that they're all phones and they all do the same thing. Well, billboards are big pieces of wood with paint on them, like a phone plugged into the wall. An electronic billboard is like a big brick of a Motorola phone, and media mesh technology is like a Smartphone. It's something of the future. Now I fully support this project and everything that's going on, and I think it's disingenuous to call mesh media towers the same as billboards. And I think it's a good thing to do for the City to have these and this project. It's thoughtful, and it's the future. Now my grandfather certainly did not understand media mesh technology. He didn't understand phones. He said why don't you kids go down to the town square, have a soda, meet each other face to face. A town square -- maybe in this case, a City Square. Thank you very much.
Chair Sarnoff: Thank you, Mr. Restainer. You're recognized for the record, sir.
Aleco Haralambides: My name is Aleco Haralambides, address is 3135 Southwest 3rd Avenue, Miami, Florida, also a resident of the Venetian Causeway on and off for 37 years, and I'm 37 years old. I'd like to submit as part of the record the engineering study that was prepared by Main Street Engineering. My concern mostly relates to the lighting. When you have an engineering study that's prepared by a PhD (Doctor of Philosophy), somebody like me who's not a PhD; I'm a lawyer, and I've been a long-time real estate investor in this area for a long time -- I think it's important to give it credence, and it needs to be addressed. As it stands, this engineering study says that the area residents are going to be negatively impact by the glare. And I don't live in a condo, but I think that, as a whole, also affects property values. If it truly
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does -- and I think it needs to be addressed. Maybe it doesn't, okay. I'm not an expert on mesh lighting or whatever it is. I just think it needs to be addressed. The media towers on their own, without creating retail, without improving the rest of the area, are not, I would say, by themselves something good. If the rest of the area -- and there's retail created and foot traffic is drawn to this area, wonderful. But it needs to be inextricably intertwined with the media towers. Again, if there's no impact, wonderful; I would be for it. The only thing I'll say is this area has a history of short-term successes and long-term failures, with the Omni, Sears, Boulevard Shops, all these things. I just -- I'm not being paid to be here. I live in the area, and I want to see its success. With the great trends you see north of this area in the Design District and in Wynwood and in Flagler, I hope that our elected officials and everybody involved --
Chair Sarnoff: Thank you.
Mr. Haralambides: -- does what's necessary in order to make sure it's a success. Thank you.
Chair Sarnoff: Thank you, sir. You're recognized for the record.
Commissioner Gort: Mr. Chairman, let me ask a question.
Chair Sarnoff: Yes, sir.
Commissioner Gort: This was done in June 30?
Chair Sarnoff: Yeah.
Commissioner Gort: And it was ordered by the CRA?
Chair Sarnoff: It was.
Commissioner Gort: We didn't get it until yesterday. We never got a copy of this, at least I never did. My office never got a copy of this. Okay, thanks.
Chair Sarnoff: Yes, ma'am.
Arva Jain: My name is Arva Jain. I live at 226 West Rivo Alto Drive, Miami. First, I'd like to submit a list of people in support of the project.
Chair Sarnoff: Well, just -- that's okay. Stay there.
Ms. Jain: Okay. I stand here as a resident of the neighboring Venetian Islands, as a member, as a board of directors of two HOA (Homeowners Association) associations in 10 Museum Park and Marina Blue, as the owner of the commercial space at Marina Blue, and as a property owner who owned neighboring parcels dating back to 2000 until 2005 when the FDOT did an eminent domain taking of my properties. I don't want to stand here and repeat what everybody's heard in terms of the benefits of jobs and all those -- and taxes and lighting and stuff. I'd rather speak to those who object. Have we considered the alternative? As I remember the zoning -- SD-6 zoning, as of right, you can build three 60-story towers there, a million and a half square feet of residents, blocking views, creating lighting, taxing infrastructure, creating parking problems; or the Wal-Mart, the big box, which has already been preapproved. So I ask can we really afford not to approve this ordinance. This is something that can happen now, something modern, something exciting in a desolate area, and in keeping with the vision that I knew about and shared back in 2000. Yes, it is a leap of faith by the Commissioners, by the community, by the residents that the people that will benefit from this ordinance will do the right thing and will give back to those communities that do support this ordinance. I know Mr. Siffin. He does beautiful work. As a fellow developer, I trust and believe he will do the right thing and will give
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back to this community in a way that we can all be very proud of.
Chair Sarnoff: Thank you.
Ms. Jain: Thank you.
Chair Sarnoff: You're recognized for the record.
Bill Schmidt: Thank you. Good afternoon. My name is Bill Schmidt. I live at 1749 Northeast Miami Court. Oratory is not my forte, so I'll keep it short and brief. As one of the few individuals that I've heard speak today that actually live in the Omni CRA area, I want to voice my unanimous support of this project. I moved into the area with the hope and aspirations that it would become a much more family-oriented, enjoyable place to live where we do not have to worry about walking outside and running into potential problems, going on nightly walks with the dog and what have you. So please do what you can to approve this ordinance and approve the project and those of us that are residents in that area would appreciate it. Thank you.
Chair Sarnoff: Thank you. You're recognized for the record, sir.
Ian Rojas: My name is Ian Rojas. I live in 1756 North Bayshore Drive, which is one block and a half away from the project. I give my fully support to this project. I've been in Piccadilly Circus in London and (UNINTELLIGIBLE) Park in Chicago, and I love it. This attracts people and young professionals in my generation. I have seen that most of the people opposed to this project is way older generation. People that are moving to Miami are around my age. People that like to visit Miami are in their 20s and 30s. But no -- I don't want to offend anyone, but this is true. We, as a younger generation, like shiny stuff. So what I'm saying, I want to be able to take the elevator, go down, cross the street and go to a movie theater. I want to be able to text and see my text message on a big screen. That's what we like, so I give fully support to this project and I hope it happens and -- because it will improve the area and a quality life that I have already. And thank you very much for hearing me.
Chair Sarnoff: Thank you, Mr. Rojas. You're recognized for the record.
Barbara Bisno: Thank you. Thank you for the opportunity for us to address you this morning or --
Ms. Thompson: I'm sorry. We need a name and Ms. --
Ms. Bisno: My name is Barbara Bisno.
Ms. Thompson: If you can bring the mike down a little bit for me. Thank you.
Ms. Bisno: My name is Barbara Bisno, 1000 Venetian Way, Apartment 603, and I'm vice president of the Venetian Causeway Neighborhood Alliance. Many of the people that live around -- I live around this project, and many of the people that have stood up this morning -- this afternoon live at different angles to the project than those of us who live at 1000 Venetian Way. As our president said, we are simply asking for you to defer this project so that you can properly study and the public can properly study some of the issues that were raised today. But if in the event that this Commission does not decide to defer it when it comes back to you, we'd like to advise you that we have had the pleasure really of meeting with Mr. Siffin several times, three times, and as recently as last evening, he and I were talking. And he would not do the two changes we asked regarding time and altering the angle, but there were several things we asked for that he enthusiastically agreed to, and I have the impression from him that they may well be incorporated into the ordinance when this item comes back to you this afternoon. One of the main things is to cancel his existing major use special use permit that allows him to build the two
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towers on the site that he seeks to build the parking lot and the ad towers instead of tolling it, which allows it to go on forever and he can do whatever he wants at the end of the time. We are excited about the low-rise pedestrian commercial that will do away with the big-box idea. He says he is enthusiastic about creating a pedestrian bay walk from the Venetian Causeway to Museum Park. That sounds great for the neighborhood. We are expecting the Commission to exact a much greater permit fee, perhaps related to his revenues, and in --
Chair Sarnoff: Thank you. Thank you, Barbara.
Ms. Bisno: No in summary. Okay. Thank you, sir.
Chair Sarnoff: Thank you, Barbara. Yes, sir. You're recognized.
Julian Linares: Julian Linares, 1717 North Bayshore Drive, Miami, Florida. I one of this neighbors. I live two block from the project. And I support this project because I believe the City of Miami need that. And my neighborhood right now don't have anything around. I want to shop. I want to go shopping, but I want to walk. And right now we don't have that. So, please, say yes to the City of Miami. Thank you.
Chair Sarnoff: Thank you. Yes, ma'am -- yes, sir.
Ms. Thompson: Excuse me, Chair. I apologize, but can the speaker --?
Chair Sarnoff: You want his name again for the record?
Ms. Thompson: Yes, please.
Chair Sarnoff: I had Julio Benajes, but can you repeat it?
Mr. Linares: Excuse me?
Chair Sarnoff: What's your name?
Mr. Linares: Julian Linares, L-I-N-A-R-E-S.
Chair Sarnoff: Linares. Sorry.
Ms. Thompson: Thank you.
Chair Sarnoff: Linares. Well, I got gringo ears; what do you want from me. Yes, sir.
Russell Simpson: Rusty Simpson, with the IBEW, International Brotherhood of Electrical Workers, 1657 Northwest 17th Avenue. I think that we can speak from a position of authority on the growth of the City. We've been in our location in the City of Miami since 1949. Our organization has been here since -- for almost 110 years, so we've seen the City grow. It's grown in an ethical manner. A lot of good projects have come about. We've researched this project, followed it. We think this project's going to be good for the City of Miami and those people who live around it. That's set aside from creating the jobs that are needed in an environment we're in now coming out of a recessive period, and we hope we're coming out of it. This is going to be a win for everybody involved. It -- at the same time, you know, the younger people look at this as being a start for the City of Miami. The population growth in the City of Miami has increased probably about 81 percent in ten years, so they do need infrastructure down there and things of this nature. We would appreciate if it's approved, and we're in favor of it. Thank you.
Chair Sarnoff: Thank you, sir. You're recognized for the record.
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Miguel Fuentes: Miguel Fuentes, 295 West 79th Place, Hialeah. That's the office, and I also own a unit in 1800 North Bayshore Drive, which faces the project, and I'm actually looking forward to it happening. Well, I stand before you as a middle-aged, overweight man who also enjoys going to that area of town and would like even better to have a place to park, have a little bit of lighting, feel safe. But seriously, I represent 14,000 carpenters and families in the area, much of which who are out of work. A lot of them are outside right now hoping that an opportunity will present itself. And rather than criticize you -- and I know you often do -- I'm going to praise you and thank you in advance for having the courage and exercising good government and rather than laying off, raising taxes and cutting services, find new revenue and come up with creative ideas to take us out of this recession. We can't contract anymore. It's time to grow and expand. I'm counting on you to do the right thing. Thank you.
Chair Sarnoff: Thank you. You're recognized for the record.
Sean Latterner: Hi. My name is Sean Latterner. I've been a resident of the area for 45 years. I can't believe it. Anyway, I live at 1717 North Bayshore Drive, in The Grand. And when I look out my window, I see the Marriot Hotel right there, people partying, yelling, screaming, lots of lights, noise; and some day, if this is not approved, you residents that are looking out, you're going to see a giant condominium with that kind of thing. I think these are a better alternative. It's not going to be a nice tree park, let's face it. It's development land. It'd be great if we had Central Park there, but we don't. It's something for you guys to think about in the future. Anyway, if we don't approve this now, this land's going to sit there for who knows how long the way it is, dark and creepy. I've also had the fun experience of being held up at gunpoint less than five blocks from there, my girlfriend and I; could have lost my life. I'm also a paramedic with the City. I sit on a lot of different areas of this. I have another issues [sic] with the City, and I've responded to that area for stabbings, shootings. The homeless love that area. They use the PeopleMover, the homeless skyway. And hopefully, this -- I think the light and the activity is going to help the area. It's also revenue. And in light of our present situation -- I was here for the previous meeting earlier today -- how can you guys not approve something like this (UNINTELLIGIBLE) of millions of dollars in revenue coming in versus fallow, you know, undeveloped land that's going to sit there. I don't see how you could responsibly not approve it. And the last point is I know there's an ordinance, a County ordinance -- I don't think this opens the door for media towers to spring up on every rooftop or advertising towers. I'm sure it could be written in the legal language that these will be approved for this area, not all over the place. And I guess that's about it.
Chair Sarnoff: Thank you.
Mr. Latterner: Thanks.
Chair Sarnoff: Sean, I thought the party was at your house.
Mr. Latterner: Sure. What happened to our party after the campaign?
Chair Sarnoff: Well, I don't know. I thought it was at your house. You're recognized for the record.
Giorgio Saumat: My name is Giorgio Saumat. I'm a resident at 1750 North Bayshore Drive. All the resident concerns I think have been pretty covered, so I'm going to cover where I spend about 20 out of 24 hours a day, which is on the corner of 14th and Biscayne. Not panhandling, but I am one of the operating managers of the DRB (Democratic Republic of Beer), the restaurant on the corner, and I can tell you that we have had quite a few incidents where people have been attempted rapes, attempted robberies. Customers don't feel safe. We get that from them all the time. Police -- we've never had an issue with us, but I'm sure they will tell you --
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we've spoken to all the NRO (Neighborhood Resource Officer) officers and the commander and everybody in our area -- that there is quite a few break-ins. More light would be helpful, I think. Secure parking would be very helpful, and I think more businesses would definitely be more helpful to us. So I would urge you on our behalf of the DRB and as a resident of the area if you guys would please approve this project.
Chair Sarnoff: Thank you. Yes, sir -- yes, ma'am.
Lisa Heyeck: Hi. My name is Lisa Heyeck. I live at 1749 Northeast Miami Court. I've been a resident of this area for five years now. I purchased my condo in 2005 or 2006, somewhere around there. I spent $500,000 on a condominium that's now probably worth half of that. But the reason why I purchased in this area is I saw a vision. I saw a place where things could be built and happen, finally a real city. We've just been given a big gift. As you said earlier, LeBron James is coming to our city. Where -- we are going to have hundreds of thousands of people coming to our town. Where do they go out to walk around? Do you want them all to go to South Beach? They could stay right in the area. What happens when LeBron James gets mugged as he's walking to his car? But anyway, I'm very for this project. I --
Commissioner Dunn: He'll have a bodyguard.
Chair Sarnoff: I don't know if you know; Dunn signed up to be his bodyguard so there's no chance of that.
Ms. Heyeck: But I'm very much in favor of this project. This developer does beautiful, beautiful work. It will be a great asset to this area, and I look very forward to it happening.
Chair Sarnoff: Thank you, ma'am.
Ms. Heyeck: Thank you. Chair Sarnoff: Yes, sir.
Victor Labruzzio: Victor Labruzzio, 3301 Northeast 1st Avenue, Miami. I'm a real estate investor and developer. I came here from San Francisco in '89 and landed on the Venetian Causeway where I built a couple of buildings there, the Lofts, the Vistas, the Grand Venetian; moved into the Biscayne corridor area where I now own property. I've been before this Commission, which you've approved several projects for me. Thank you very much. And the one that I'm concerned with now is my Portico project, directly behind Quantum, which is a fully approved 323-unit condominium project which we were ready to go also before the spike, and we still have visions of building that project. I've been up and down the Venetian Causeway for many, many years. I know everybody on the Venetian Causeway. And I had some concerns about this project myself. I love the project. I fully support it. And when I attended some of the meetings, I met Mr. Siffin. I met -- I went to the meeting at 1000 Venetian Way building where they got technical with the lighting and the visuals of it and they answered all of my questions. And I think it's a fantastic project. I think it's a well-needed project right now in that area. With the Publix and my project and several other projects around there, it would tie a very nice, beautiful knot for the City of Miami Beach. And I fully support it. I've spoken to many, many people about this project and they all support it also. Thank you very much.
Chair Sarnoff: Thanks, Mr. Labruzzio. You're recognized, sir.
Su-Gi Min: Hi. My name is Su-Gi Min, from 6850 South Cartee Road, and I'm speaking on behalf of the Urban Environment League. The Urban Environment League was founded in 1996 to support urban environmentally responsible development, including protection of waterfront, public places, and historic and natural areas in urban Miami-Dade County by using advocacy, action, education, and engagement in governmental planning and political processes. The UEL
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(Urban Environment League) believes the process-making decision has been needlessly fast and helps subvert the open public process. We demand that further study and regular processes be used. This sidestep is being done because Miami 21 wouldn't allow it, and it is wrong to try to circumvent the new zoning regulations in such a monumental fashion. More time is necessary to study this issue. It should all go before all the necessary boards. What is the rush? The entire downtown area will be impacted by this project. These involve major decisions about the downtown's future and the visual character of the waterfront area. Our membership want to engage in this process and you have shut them out.
Chair Sarnoff: Thank you. Yes, sir.
Dean Lewis: Dean Lewis, architect and devout urbanist. You know, most of you know me here in Miami and, as a five-year resident of the Venetian Causeway previously, now a resident in Morningside, I know intimately the site which is, in fact, the -- what -- the PAC was shoehorned into the heel of Miami, and this project is a spectacular opportunity, one-time opportunity. It is equivalent to the Renaissance of the Fourteenth Century. And here, the Renaissance of the Fourteenth Century, which, in fact, was the Enlightenment; this will be the Enlightenment for the Performing Arts Center and Miami. The facts speak for themselves. The technology is a precursor and circumvents all the problems of signage applied to and on top of buildings. It is, in fact, artistic and sculpture in and of itself, and again, the technology translucent. Over 80 percent of its physical presence will, in fact, be an enormous compliment to the site and the future of Miami. So, again, I urge your support and thank you for the opportunity.
Chair Sarnoff: Thank you. Yes, ma'am.
Jocelyn Schmit: Hi. My name is Jocelyn Schmit. I live at 1749 Northeast Miami Court, Park Lofts. I'm also the president of the board there. Any development between Park Lofts, Biscayne, the Performing Arts Center would be greatly appreciated to our building. Like Lisa Laurie and my husband speaking before me, we're kind of sitting a diamond in the rough over there, and this development would be greatly appreciated, the light, the security, the retail, the people. Build it; they will come. All of those -- I agree with also the president of the Venetian, (UNINTELLIGIBLE). We walk our dogs. I'm expecting. We're going to be raising a family here. These are all things that you should look forward to in the future, so please approve this. Thank you.
Chair Sarnoff: Thank you. Yes, sir.
Ignacio Garcia Dequesme: Ignacio Garcia Dequesme, 2655 LeJeune Road, Suite 500, Coral Gables, Florida. I've been involved with major retail projects for over 35 years, specifically in Miami. I brought the Rauch Company and was partner with the Rauch Company in the Bayside project. Going back to early retail history in 1960, downtown and Miracle Mile were the two shopping areas. In the '70s and early '80s, Omni was a tremendously successful vertical shopping center. Shoppers in Flagler Street had to hire security guards to keep order -- keep people out of their stores because there was so much demand that they were filled to capacity. For reasons that we're not going to elaborate, shoppers disappeared from downtown Miami. Bayside started in '87. It functioned pretty much as an island. With the support of Flagler Street, (UNINTELLIGIBLE), Burdines, but that's not enough; we lost our shoppers. I brought [sic] the Rauch Company. I was part of the development group of the Village of Merrick Park. Fear of the unknown. We had a tremendous amount of opposition principally by Miracle Mile because they felt they were going to die with the presence of a competitor in their marketplace. Like downtown Miami, shoppers had abandoned Coral Gables. It was not on their agenda. Look at Miracle Mile today. It's vibrant. It's reborn. Restaurants. Starwood made a commitment; bought a third of Miracle Mile because the Rauch Company would have been building the Village of Merrick Park. And the economy in the City of Coral Gables is booming. I am involved with Bayview Market. My partners are here with me. It's a shopping center that's
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going to be built within the Omni CRA area. We need to bring shoppers back into the downtown market. Midtown cannot do it alone. The retail portion of Flagler cannot do it alone. If it takes media towers to help Mr. Siffin finance his project, create jobs with the shopping center, and bring shoppers back into the downtown market, so be it. Bayview, City Square, Midtown, and Flagler will do it. Thank you. I support the ordinance.
Chair Sarnoff: Thank you, Ignacio. You're recognized for the record, ma'am.
Wendy Mendoza: Hi. My name is Wendy Mendoza, and I live at Northeast 70th Street, so just a little bit --
Chair Sarnoff: What is your name?
Ms. Mendoza: Mendoza.
Chair Sarnoff: Mendoza.
Ms. Mendoza: I actually go -- I have season tickets to the Broadway shows and I go there with my daughters. And I tell you, it's frightening -- although they're, you know, now young adults -- to cross the street, three women crossing the street to go to the show. So you guys built this great center and you didn't think about what you were going to do around it, other than apartment buildings. You didn't think are they going to want to have dinner afterwards or beforehand. Or they want to go sit down and have a cup of coffee with their friends or have a drink with their friends. So there's nothing to go to. So where do we go if we want to have dinner? We're going to go to Miami Beach is what we're going to do. So all of those tax dollars are going somewhere else rather than staying right there in my city, which I've lived in now for ten years. You have to do this. And I know there's a lot of people in opposition, and I'm not young, but they are significantly older than me and they don't see that we want this to be a thriving city. My son is away at college, and I want him to think of Miami as a city that he wants to come back home to. He's now in New York City and loving it. I want him to think Miami is a great city for him to come back, marry, raise a family; and my daughters as well. Please consider this for all of us that have been there holding on to the City of Miami, wanting to stay there, wanting to see it reach its full potential. Thanks.
Chair Sarnoff: Thank you. Yes, sir.
Jose Viana: Good afternoon. My name is Jose Viana, owner and president of Adsum Group, LLC (Limited Liability Company), development and construction management company, located in 169 East Flagler Street, downtown Miami. I want to say that being part of the development team of a couple of urban projects very well known here in the City of Miami -- Cocowalk and Mary Brickell Village, to have the blessing to work -- I had the opportunity to see how neighborhoods can be transformed in a positive way by good, quality urban projects. Having been in this industry for a couple of decades, I've seen projects done good or bad. It happened that I met Mark Siffin in a very accidental way with a friend of mine when I'm going from one meeting to another meeting, and he asked me why don't you come over with me; I need to say hello to a friend of mine for a couple of minutes before we go to a next meeting. I said, let's go. Turn out to be that it was Mark. And I say -- I introduce myself and I said I've heard about your project. I don't know much about it, except what I read in the news, the good and the bad. He took the time to explain it to me. And I want to clarify that I'm not a consultant to him or in his project or anything else. I haven't been. And he has already hired his consultants for his project, so I'm doing this as an independent person. And he took the time to explain the project to me. He explained how he's been working with the different neighborhoods and the different people that would be impacted by this project. And then at the end, he said, now would you come over to a meeting and express your support? And I said, if I believe in it, I will. If I don't believe in it, then I won't. I look at him in the eye and I knew that he was doing the right thing
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for this community with this project, from a realistic perspective, you know, it's a pedestrian-friendly project for this urban area. Okay.
Chair Sarnoff: Thank you, Mr. Viana.
Mr. Viana: And I think it's a good thing for the City. It's a good addition. So I really --
Chair Sarnoff: Thank you.
Mr. Viana: Everyone has said it very eloquently and all of that. It's a good addition, you know, as far as --
Chair Sarnoff: Thank you.
Mr. Viana: -- taxes and jobs. So I really support this motion.
Chair Sarnoff: Appreciate it.
Mr. Viana: Thank you.
Chair Sarnoff: You're recognized for the record.
Fred Joseph: Fred Joseph, 1717 North Bayshore Drive, Suite 3856. Most of you know me probably as the president of the Omni area advisory board for the CRA. Some of you know me through your families and friends. Mr. Suarez's father and I worked together on this area for many years. Mr. Carollo's brother, affectionately known as “Crazy Joe,” and I kicked, cracked doors down in the area to help improve it. They all helped with the Margaret Pace Park and also with the bay walk. We'd like to make sure that you understand why we moved back from North Carolina. In 1944 I landed on Biscayne Boulevard at 25th Street. My stepfather got out of the Army Air Corps, walked across the bridge, called his mother, said “I found paradise; burn my clothes. I will not be back to North Carolina.” We went back in '83, took the flag with us because it wasn't real pleasant in that area. We had then brought the flag back and bought at the Grand. After living at the Grand and being in that area, we fought to help the charrette get what's there. We need more projects like that is proposed today. And the Publix we fought last night, sat here from 6 till 10 -- I'm sorry, 6 to 11 to get the new Publix passed. We need these type of projects for the financial stability of the Omni area. All of you know that we work hard, and we're at many of these meetings, and we're not elected or paid. Thank you.
Chair Sarnoff: Thank you, Mr. Joseph. Yes, sir.
Jorge Tapia: Yes. My name is Jorge Tapia, and I live at 448 Ocean Drive, Miami Beach, Florida. Basically, I'm here in support of the project. I own a construction company. Presently, we're working on the new Camillus House right on I-95 and 836. We were awarded the job. We do the shell construction. It's the first one sent after the site excavator. Basically, we're employing right now over 200 people, many from the community area. And basically, we also built down in Coral Gables, Village of Merrick Park, with Lathrop and Turner. Developer was the Rauch Group. I've seen when we come in, that area was very dangerous. Basically, nobody could walk through. And now we have a major project out there. So I'm a testimony to how the - - these projects impact basically the community, how it impacts directly to the people that are employed on an immediate basis, and then the long-term effects of it. So I'm here to support the project. And we come from the bottom (UNINTELLIGIBLE). We hire the people off the street. Thank you.
Chair Sarnoff: Thank you. Yes, Ms. Weis, you're recognized for the record.
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Caroline Weis: Commissioners, Mr. Chairman. My name is Caroline Weis, 3187 Royal Road, Coconut Grove. I'm speaking as a developer here. I'm in favor and support this project. I'd like to give from my experience when I built on Northwest 7th Street, everybody thought I was crazy because there was only the cemetery, and I built 2,600 units. When I built in Little Havana, they thought I was crazy. And I built at the Royal Trust Tower on 27 Avenue and 8 Street. When I built a Section 28 in Kendall, the only way you could get to it was maybe on the motorcycle because there was no road, and I was able to get one square mile developed. I developed in Palm Beach, three-and-a-half-square-mile of property. And I have developed in Broward. I wanted to do the digital sign on the Royal Trust Tower 20 years ago, and it was opposed then. I would say that the time has arrived. We need to be always ahead. And these project [sic] does not take a year or two to finalize. It will take five years. We already have the American Airlines Arena. We have Bayside, which is stale now. It doesn't have the same pizzazz. And I think we need to keep the area going, and the only way we can go -- have it going by having it advance in development. Thank you very much. I support the project.
Chair Sarnoff: Thank you, Ms. Weis. And having lived next door to you for three years, I still think you're crazy.
Ms. Weis: Well, I'm still developing.
Chair Sarnoff: Yes, sir.
Robert Laite: Good afternoon. Robert Laite, 1717 Bayshore Drive, condo -- Grand Condo Association board member. I think this project has a vision. It will connect our area to the Performing Art Centers [sic] beautifully, so I support the project. Thank you.
Chair Sarnoff: Thank you. All right, that's it, public hearing is now closed. What? Any reason you're not up there?
Rick Kalwani: No. It was cold.
Chair Sarnoff: It's cold.
Mr. Kalwani: I was standing outside.
Chair Sarnoff: Well, come up. If you're not up, you're not going to speak, so let's --
Mr. Kalwani: I would like to speak.
Chair Sarnoff: Okay, let's go.
Mr. Kalwani: Rick Kalwani, 1717 North Bayshore Drive. I live and work at the Grand. I've lived there for almost 15 years now. Just a couple of points. I've never seen so many people afraid of light. What's the problem with light? I'm afraid of darkness. I want there to be light. It would be a great thing for there to be light. I was mugged 11 a.m. in the morning two years ago, 15 blocks from here. I was shot at. There was nobody on the street. I want pedestrians on the street. What this project is going to do, it's going to bring a pedestrian-type environment. It's downtown. The people that say we don't want light in downtown, I honestly don't get them. This is urbanism. This is downtown. That's why we live here. We need an energy. It's dead. It's blighted. I'm against blight, not against light. I have no problem with light. Second item. All of the people that live there in the downtown area, we go shopping somewhere else. My wife is in Dadeland today. Why? We go all over the damn cit -- all over the County. It would be great for us to have some sort of retail pedestrian environment over there. And at the same time, the City - - you've done a marvelous job -- the City's benefiting from all this. So I absolutely think that the City should support this now. Thank you very much, Commissioner.
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Chair Sarnoff: Thank you, Mr. Kalwani. Mr. Melton, you're recognized for the record.
Easton Melton: Thank you, Mr. Chairman. Mr. Mayor, Chairman, Commissioners. For the record, Dusty Melton, 3430 Poinciana Avenue, in the City of Miami. I'd like to introduce for the record the following documents and then take a few brief moments to explain why I believe they're all relevant to your discussion today: an e-mail (electronic) to Barbara Bisno, who spoke earlier, from Mayor Regalado, dated May 7, 2010; a copy of the Sign code of Miami-Dade County; a certain agreement dated January 27, 1972 between the Florida Department of Transportation and the U.S. Department of Transportation; an amendment from June 2007 to the County Sign code providing an opt-out provision for one division of the County Sign code for municipalities who choose to do so; the City of Miami ordinance exercising its opt-out provisions last September; a copy of the letter to the City of Miami, dated May 18 of this year from Daktronics, the expert sign company Mr. Siffin has been discussing about his project; and finally, RE (Resolution) -- a copy of RE.12 from July 2009, which was an amendment to the July 2004 litigation settlement agreement between the City of Miami and Clear Channel Communications. I expressed -- and I'd like those to be entered for both PZ.16 and PZ.17. I don't have an opinion one way or the other about the project proposed by Mr. Siffin. I live in South Grove. It's not going to affect my quality of life. I like Mr. Siffin. I admire Mr. Siffin. The guy's got verve and we need more verve, but I don't trust Mr. Siffin. And based on what has happened in this room since 2003 between the City of Miami and a series of outdoor advertising proposals, all of which violated the governing statute, I don't trust the City of Miami either, and I say so with respect both for Mr. Siffin and for the City of Miami. The governing statute for signs throughout the County is the Sign code of Dade County and has been thus since the summer of 1985. In his e-mail to Ms. Bisno earlier this year, no less a person than the Mayor of our City said that this project will be legal only when the County Commission amends the County Sign code. And the Mayor cited no less than authority than the City's Law Department. The Mayor is absolutely correct. The City's [sic] sign code governs in every municipality and has for the last 25 years. There are a number of provisions in the County sign code that make the media towers proposed by Mr. Siffin illegal. There is a prohibition against rooftop signs in -- everywhere in the County. There are -- there is a prohibition against signs that aren't expressly defined in the County sign code. As we heard from Mr. Siffin's presentation earlier today, this ordinance would in fact, for the first time, give the City code a definition of a media tower. The words "media tower" do not appear in the County's sign code. The word “LED sign” does not appear in the County sign code. The words "light emitting diode sign" do not appear in the County sign code, and the County sign code is explicit. If the type of sign -- media tower, LED -- is not expressly defined, it is prohibited. Finally, in another section, there are ten criteria in the County sign code for a programmable sign, such as that which is being proposed, to be legal, and Mr. Siffin's proposed media towers violate those -- several of those ten regulations. His site is not the required ten acres or more. It's less than two acres. And it will advertise, from his affirmative presentation, goods and services not sold on premises; another of the ten requirements. Very briefly, Mr. Chairman, if I may. There is a theory that the City in opting out of the County's sign code last September that Mr. Siffin is absolved from the regulations of the County sign code and that's just not true and it's not accurate. There is -- the County has had a sign code for many, many years. And in 1985 the County affirmatively decided to ban future commercial signs, billboards, and murals, if you will, close to expressways. And it created a new Division 5 of the sign code. And it imported into Division 5 definitions and rules and regulations about commercial signs from other places in the sign code. The definition of "sign" in Division 5 is the same definition that's in Division 1. And the -- Division 5 created a protected area along expressways where signs would not be allowed, and that protected area stretches from 600 feet out of the right-of-way line for all expressways, and it banned expressway signs.
Chair Sarnoff: And in conclusion.
Mr. Melton: And in conclusion. If I could have one final moment, Mr. Chairman, I would
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appreciate it. The fact that the City opted out of Division 5 only did not make the prohibitions in other divisions against rooftop signs that's in Division 2, the regulations on programmable signs, also in division, it did not make them go away. Opting out of Division 5 did not make the City of Miami lose the governance of the sign code. And in conclusion, Mr. Chairman, moreover, in Mr. Siffin's sign company's letter to you from Daktronics, the expert sign company, by his own exhibit, these signs are nearly 800 feet from the nearest expressway right-of-way. Opt out is irrelevant to this discussion. These signs are not in the protected areas, and the opt-out is completely irrelevant, and the sign code of Dade County governs this project.
Chair Sarnoff: Thank you.
Mr. Melton: Thank you.
Chair Sarnoff: Thank you. Anyone else in the public wishing to be heard on these two objects, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. I'm tendering the gavel to the Vice Chair. When I first looked at this, I looked at simply the towers, and those towers presented to me an issue as a City Commissioner, more as District 2 than anything else, whether it was a good idea or a bad idea, and I only looked at the towers. When I first came up here as Commissioner, probably the most disappointing vote I had seen from my previous Commissioners, so votes that I had to live with, was then what I called “Wal-Mart on the Water.” And that was the big box that would have afforded Miami Beach the opportunity to come across the Causeway, shop in Miami, give us some traffic up on Biscayne Boulevard, and head back to Miami Beach; would have been used to some degree by us. I thought it would have destroyed, in my opinion, the downtown corridor very, very close to the Performing Arts Center. I think then-Commissioner Regalado was the only one that opposed it. I was extremely disappointed. I probably was a little younger and a little less adept at being able to fend off the media when I commented about Wal-Mart on the Water. It wasn't who shops there. It is the volume of shoppers that come there, the damage that they would do. So when I started to look at this, I thought to myself, how could I get Maefield or Mr. Siffin to work on something of phase -- he calls it Phase II. I call it Wal-Mart on the Water. I simply didn't want a big-box development exist there, and that was really imperative to me 'cause for the first time, I never looked at the towers; I looked at the project as a whole. The second thing I wanted to create, any time you put large structures up that some people favor and some people don't favor, it always seems to me those who don't favor it, the best course of action is to create some sort of a park or an enhancement of a park. So what I started to do was consider what park can I improve out there and what park can be improved, and I thought about Bicentennial Park; you call it Museum Park, whatever your druthers. And what I did was I created a number of things that I think can improve this not only ordinance but build agreement, and I have a number of refinements, and I'm going to hand them out to my Commissioners and to the Clerk, if you don't mind passing that down, Commissioner Suarez. And I'm going to hand this down this direction; they could hand it to the City Attorney as well and to the Manager. What I said about doing -- and I didn't necessarily enjoy the process of getting here so quickly, but we're here, and here is where we are. I actually thought about creating a manner and means where I don't have to trust Mr. Siffin, 'cause I've heard people say I trust him. I've heard people say I don't trust him. Who really cares? This is a development that could potentially be sold. What I need to do is create a development that when the purchaser purchases them -- and I hope you don't sell, but if they do, the purchaser purchases it, they purchase it subject to the ordinance and the build agreement. In this way, I don't have to trust Mr. Siffin, I don't have to trust McClatchy, I don't have to trust Mr. Bercow, and Mr. Fernandez and I can stay friendly. It simply doesn't require trust. It is the terms and conditions of the ordinance. It is the terms and conditions of the build agreement. And when there's an inconsistency, the build agreement will govern. So with that said, I came up with a number of things that I think can improve this ordinance, including the amount of money he pays. With all due respect, Mr. Siffin, I don't think 480 or -- I think it's 120,000. I've heard 150,000. You need to pay $1.2 million for this -- to the City on an annual basis. You're going to get four faces. I've asked you to put a fifth face in there 'cause I want to make sure that from the
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ground level there's as much light as possible. That's that convexation right there. So let me read through how I think I've improved this, and it's under 62.82 [sic]. “To the extent there's any inconsistencies or there is a more onerous obligation in the development agreement, the development agreement shall control.” And I think that's imperative 'cause you're going to see what I do to the development agreement. “No media tower shall be located within 1,200 feet of another media tower in the City,” and that's going to be subject of a conversation I'm going to have subsequent to this because right now we have the ability to do media towers and we better close that down, 'cause I don't think you want media towers all over the place. The building criteria. Let me just say this to you, Mr. Siffin. I believe it's imperative that you build at least 1,600 parking spaces when you consider how you're going to use the parking spaces. All right. I want you to commit that the four sides of the towers do not face -- they face just as you've depicted them, and there be no changes to the facing of those media towers. Barbara Bisno's asked you to commit to relinquishing your right to build the high-rise. I'm asking you to do so, and I'm asking the City Attorney to excise out the tolling period for that. Now with that said, 62.84 [sic], I want to change the parking spaces provided along the media tower shall serve as required parking for any and all use that is related to the tower and is governed by the media -- by the development agreement. That is the requirement of the 1,600 spaces. Now here's something of a concern for most of you. The main street -- this was the actual document that Commissioner Gort was saying he only received yesterday. I asked the CRA to look at a lumen study. Having just litigated lighting over in the West Coast of Florida, I -- I'm pretty adept at what lumens are and how they operate. In Section 62.805, you'll see that they have decreased the candle power. And what they did was they used a national standard, the light trespass research and results recommendations of the lighting authority. This is a book that is the governing document and they actually went lower than the recommendation of this particular document. What they did was they brought the candle power down from .25 -- 2.25 candle powers above ambient light -- and by the way, this document never measured the ambient light -- when measured at a distance of 800 feet from the media tower. To give you guys an idea of what this all means, anybody know the Marquis? Does anybody know that L-shaped light on the Marquis? The media tower will be substantially less lit than the L-shaped light on the Marquis. No doubt it'll be bigger, but it will be less light. The permit application. In the permit application of our 62.806, I believe anyone who's seeking a permit should have to do a lumen study, and Mr. Siffin, to his credit, did that lumen study. The permit application fee at 62.806, in my opinion, for this City to study and review the permit, we should be compensated to study and review the permit. So as opposed to a $500 fee, he should pay a $2,500 fee to pay that permit. The annual permit fees. Right now it says the administrative fees shall be adjusted from mural level of $1 per square foot to $10 per square foot. In the case of the proposed fee, the maximum will be $1.2 million annually. Enforcement. I think the language of enforcement needs to be amended in the event of the violation of the terms of this division or the development agreement and that should be the amendment, 'cause you're going to see the development agreement change. Section 62.812, enforcement. Now I'm going to say something that I've given to my fellow Commissioners and to the Clerk and to the City Attorney. It says, “In addition to the above listed remedies, the City may seek to enjoin the operation of the media tower without posting of bond with a court of competent jurisdiction or providing a demonstration of irreparable harm. The acceptance of an Omni Media Tower Permit pursuant to Section 62.807 shall be prima facie evidence of the permittee's agreement to waive any bond requirement or the requirement for this City to prove irreparable harm prior to seeking an injunction.” That's imperative because in the event there are violations, this City should be able to go to court and simply stop the media from operating. Now I think it also needs language, Madam City Attorney, and I will give you a copy. It says, in the event of a violation of this ordinance, together with the development agreement in 62.802, such -- that needs to be the preamble. I'll give you that language. And I think it also needs to say such greater penalties as are permitted by County ordinance. It stops right there. And I think it needs to say "or the State of Florida" because I think the State of Florida may have higher permit -- I'm sorry, higher penalties. Now the development agreement, and this is where I think we get some level of playing field. I think you need to change your whereas clause to a less onerous form, and I've put that actual
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language there. I won't repeat it. The Commissioners have it on [sic] their hands. I've required that the pedestal element shall include lighting to ensure that all street frontages are illuminated. That's the actual parking garage sides. I believe they need to be illuminated so that -- everybody's talking about light. Light will keep a lot of people away, and -- I wasn't going to say this. My wife says don't say this, but -- this is me, after all. I probably won't go any further in politics than right here. You know, we all had the fortune of going to see LeBron James, Dwyane Wade, and Chris Bosh. And on the way out there, right on Port Boulevard, about a block from what is the American Airlines Arena, close proximity to here -- there are a lot of homeless people out, you know. It was obvious that they had just been fed. And all of a sudden, a woman drops her pants and starts to take a number two, if you will, and I can't get that image out of my head. Now I have four dogs. I have no problems with that type of thing. I've never seen a human being do it. And I thought to myself, this is our opportunity as a city -- and if I was from Iowa or if I was from New York City, if I was from Venezuela, if I was from Buenos Aries, that might be an image that's embroiled in my brain right now. And I happen to agree that I think it's time for the City of Miami to make some progress. I think it's time for us to move and move at a faster pace than we have been. So I want to make sure there's lighting all over the place, Mr. Siffin. And with regard to retail -- and this is the part that I happen to like -- retail uses shall be restricted to 75 feet in height. This is part 8b, if you will, gentlemen, of the agreement. Retail services uses within Phase II shall be restricted to 75 feet in height, and the aggregate of all retail and services uses shall be no less than 200,000 square feet and shall not exceed 450,000 square feet. Excluding any cinema, movie theatre, or department store, no single retailer shall have a ground-floor level footprint that exceeds 60,000 square feet. And that's the best I could determine of the smallest use you could ever find of a big box. We've only found one at 64,000 square feet. Pursuant to Article 4, Table 4, Section 3.2 of the City of Miami Code, all required parking for the Phase II shall be provided in the Phase I, and that's why I think, Mr. Siffin, you need to have 1,600 parking spaces, not 1,000 to 1,600, but 1,600 because you're asking us to not have parking there, so I think we need to have that many. Now here's the part that I really like, and I hope Mr. Siffin agrees to. Section 8, part B, in the event the developers do not break ground on Phase II parcel within five years of the issuance of a building permit for Phase I, the developer shall be subject to an annual Omni Media Tower Supplemental Permit Fee in the amount of $1 million. What that does is if he doesn't break ground within five years of the issuance of a building permit, the fee goes from 1.2 million a year to 2.2 million a year. He has every incentive in the world that I can think of to build Phase II. And it's Phase II that truly interests me, Mr. Siffin. In addition, the Omni -- this is on Section 3, the permit. Omni Media Tower Supplemental Fee is a supplemental fee to the Omni Tower Permit Fee set forth in Section 62.808 of the ordinance, which will be charged to the developers in the event that the developers fail to break ground for Phase II within five years of obtaining a permit for the Phase I pursuant to paragraph 8b herein, or in the event that the developer fails to make an annual contribution to what we're going to call the Museum Park Trust Fund -- and it'll be found in Section 10 herein. The Media Tower Supplemental Permit Fee shall be required on an annual basis until such time as the developers are in compliance with the requirements of 8b and 810 [sic] of this agreement. What that means is Mr. Siffin is obligated -- and I'm going to get to it -- to create what is called the Museum Park Trust Fund. That Museum Park Trust Fund is to be funded to the tune of $800,000 a year for the next ten years. If he fails to pay that at any time, at any time, he has ten days' notice, and I'm hoping the City Attorney can handle that. His develop -- his then permit fee goes from 1.2 million a year to 2.2 million a year. Mr. Mayor, I think that's a win for the City either way, but I would prefer that he actually fund the Museum Park fund. Couple of little cleanups, Mr. Siffin. You had a trolley route. I think you're going to need to include a trolley in that trolley route -- in that Phase II. So the words "trolley, trolley route" will be incorporated, and that will be an obligation for a trolley. Now here's your Museum Park Trust Fund. Developers shall establish a trust fund to support the redevelopment of the Bicentennial Park as Museum Park as provided in paragraph 10. The Museum Park Trust Fund or the MBMTF [sic] -- that might be a name we might all learn -- is a trust fund established by the developers to support the redevelopment of Bicentennial Park as a Museum Park Miami with the sole purpose of funding capital improvements. Now to ensure the developer creates and
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funds the Museum Park Trust Fund, the Commission will demand -- let's see -- I'm sorry. Within 30 days of the issuance of the Media Tower Permit, the developer shall establish the fund to be known as the Museum Park Trust Fund. The sole purpose, as I stated before, was to fund capital improvements for the Museum Park. The Omni CRA Board shall be appointed trustees of the Museum Park Trust Fund. The MPMTF (Museum Park Miami Trust Fund) shall be funded by the developer's initial contribution of $800,000. For the following nine years on each anniversary of the establishment of the Museum Park Trust Fund, the developer shall contribute an additional $800,000 until the developer's total contribution to the Museum Park Trust Fund totals $8 million in the tenth year. Upon the developer's total contribution of the $8 million in the tenth year, the developer shall have no further obligation to the Museum Park Trust Fund or the City under this paragraph. In the event the developers fail to provide the annual contribution to the Museum Park Trust Fund required herein, the developer shall, after being given ten days' notice to cure, be subject to an annual Omni Media Tower Supplemental Permit Fee in the amount of $1 million, in addition to any supplemental fees required pursuant to 8b herein. This Omni Media Tower Supplemental Permit Fee shall be required until any outstanding contribution is paid and in addition to any outstanding annual Museum Park Trust Fund contribution. Now those are the amendments I would like to see put in this. I did get some questions, Mr. Siffin, from the PAC itself. Instead of addressing them here and now, what I'm going to ask you to do is to meet with the Performing Arts Center. I recall, based on the first public meeting that you and I had at the Performing Arts Center, I believe you brought the actual architect of the PAC there. And if I recall, he spoke -- I shouldn't use words of superlative -- but very favorably upon your design, and I think he actually helped you with your design in terms of angles and in terms of certain lines and whatnot. But I do ask you to address any concerns the PAC has. I'm sure they'll get back to me before the second reading. Do you agree to the terms and conditions that I've read to you herein?
Mr. Bercow: Mr. Chair, on behalf of my client, yes, we agree to the substance of all of the changes that you have requested. We would just like to reserve the right to review the documents as modified to make sure that they remain internally consistent, to suggest any other necessary changes to make sure they remain internally consistent, and we would hope that any such changes will not be subject to the five-day rule, so --
Chair Sarnoff: Thank you. But I'd like to hear from Mr. Siffin. I'd like to hear him say yes.
Mr. Siffin: Absolutely.
Chair Sarnoff: That's a good yes. All right.
Vice Chair Carollo: Are you making it as a motion?
Chair Sarnoff: I'm making a motion as modified for --
Commissioner Dunn: Second.
Chair Sarnoff: -- it would be on RE.16. I'm sorry; PZ.16.
Vice Chair Carollo: It is a motion by Chairman Sarnoff. Is there a second?
Commissioner Dunn: Mr. Chair, second.
Vice Chair Carollo: Seconded by Commissioner Dunn for discussion.
Commissioner Dunn: Yeah.
Vice Chair Carollo: Go ahead, Commissioner Dunn. And, by the way, before you begin, before
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we actually take the vote, I'm going to call for a quick recess to, you know, look this over and so forth, and I may add some things. But anyhow, go ahead, Commissioner Dunn.
Commissioner Dunn: You know, first of all, I listened to most of the speakers who came forth, and I was taken under consideration several things that I believe is necessary for a city to move forward. And one, it must have vision. There's a biblical principle that says “Where there's no vision, the people perish.” And many of the amenities and luxuries and recognition that we're receiving now as a city and hopefully becoming a world-class city is due to the fact that there are people who were in leadership, people who had the ability to move this city, this area forward, had vision. Secondly, the issue would be -- for me would be courage. And I want to take a personal privilege to thank our Chair for, in my estimation, a masterful amended version of this possible agreement -- this ordinance. Community support would be another area. I saw a tremendous amount of community support. I always weigh in and take under consideration what -- how will it impact those residents who are closest to a proposed project. And from what I witnessed today, it was overwhelming support for this project. I was really moved by the idea of illumination. Certainly, we need light. There's something about going to a urban area, a downtown area in any major city across this country or the world, for that fact, and when you see light, it does increase opportunities for development, opportunities for progress. One of the things that we are upset about and one of the things I'll be pushing vigorously is the lack of light in District 5. And I've gone through major areas, like Northwest 7th Avenue and Northwest 54th Street, 62nd Street, Martin Luther King Boulevard, there's no light. I'm talking about from FP&L (Florida Power & Light). And I find that real disturbing because potential criminals thrive on darkness. And whenever you have an opportunity for illumination, you just can't -- you can't lose. And last but not least, economic development. And I know this is in your district, Mr. Chairman, but when you look at the commitment of about 2,900 construction jobs and over 800, almost 900 permanent jobs, that's something that will benefit the entire City, particularly in these tough economic times. I did have one question, and I think you've covered it -- you've covered the waterfront for the most part, Mr. Chairman, but I did have a question I wanted to ask the City Attorney, Madam City Attorney. Once this is adopted, will these regulations, in your opinion, would this project, will it be in -- I believe it's been dealt with and addressed -- compliance with the laws of the state and federal government regulations?
Vice Chair Carollo: Madam City Attorney.
Ms. Bru: Yes. Mr. Chair and Mr. Commission [sic] -- and members of the Commission. We have looked at the County Code, state regulations, and I can't tell you that this is something that is prohibited by any of those laws. This is signage, in generally speaking, and we do know that the County Code addresses signage. But this is a particular kind of signage that is part and parcel of a infrastructure project that is going to provide great public benefit, so it's a unique kind of situation. And the best things that we can do is interpret and construe the laws in a way that affords you the flexibility to come up with this regulatory scheme, this permitting scheme. And it also assumes within this ordinance that you are adopting that anybody that seeks to get a permit will have to comply with any other laws. So in the event that a determination is made that is binding on the City that there is some other regulation that has to be adhered to, they will have to adhere to it, so --
Chair Sarnoff: Mr. Vice Chair.
Commissioner Dunn: Thank you.
Vice Chair Carollo: Go -- hold on. Do you have a follow-up, Mr. Dunn -- Commissioner Dunn? I'm sorry.
Commissioner Dunn: I just want to conclude by saying I think it's a great opportunity for the City.
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Vice Chair Carollo: Thank you. And Chairman Sarnoff.
Chair Sarnoff: I just -- I believe there's a hold harmless and indemnity agreement in this agreement.
Ms. Bru: In the development agreement, there is. And in the ordinance, there's a requirement of compliance with any other regulatory scheme --
Chair Sarnoff: Right.
Ms. Bru: -- so --
Chair Sarnoff: But the hold harmless and indemnity would mean that if anybody sued the City of Miami, Maefield Development -- actually, I think it's more than Maefield. I think it's everybody that signs off -- would have to hold the City harmless and indemnify us.
Ms. Bru: Correct.
Chair Sarnoff: Okay.
Vice Chair Carollo: Commissioner Gort, I think you wanted to speak.
Commissioner Gort: I have a couple of questions that have been brought up. The development agreement is something that has been done in the past, is my understanding. This is not the first time it's been applied. Am I correct?
Ms. Bru: You are correct.
Commissioner Gort: Also my understanding, in the past, I understand a lot of times when resolutions and ordinance being created in cases and Zoning Board and all that, the staff have worked with lawyers to bring up with the ordinance and help in that. Am I correct?
Ms. Bru: That is not an unusual circumstance. It has been done in the past.
Commissioner Gort: Okay. I just want to make sure I bring those points up because that's been addressed by a lot of individual. What I'd like to see is the -- whatever we pass today can be changed in the second reading. Am I correct? Okay. I'd like to get the numbers because you throw so many numbers and the numbers that I had are a little different from the one you brought up with. And I would also like to see how -- what will be going to the general funds [sic].
Chair Sarnoff: It all goes to the general fund.
Commissioner Gort: It all goes to the general funds [sic], great, because the Omni already receives the increment tax.
Chair Sarnoff: Right. It'll get the TIF --
Commissioner Gort: The TIF, right. Okay.
Chair Sarnoff: -- but the permit fees go to the general fund.
Commissioner Gort: The general fund. Thank you.
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Vice Chair Carollo: Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chairman. When analyzing these decisions from my perspective, I give a lot of weight, first and foremost, to the district Commissioner. It's a project that's going to affect, in whatever way you want to call it, more than in other districts, it's going to affect District 2, so that's something that's a big consideration for me. The other thing that I think is a difference in this Commission and in this Administration than in past is that, you know, we are going to be very picky in picking and choosing what responsible developments go forward, and that's the tenor and tone of what we're doing here. We've brought the neighborhood associations into the discussion. I -- from what I could tell, two out of the three of them were in agreement. One of them has some concerns, and I would urge the developer to continue to meet with the two associations and continue to listen to their concerns. And to the extent that you can address those concerns, it would be very important for me. And that -- we've also gotten to listen to the neighboring businesses, and that's what I think responsible building and responsible development is. You listen to the residents, the neighborhood associations, the neighboring businesses, and you think about the future of the City. It's also an incredible opportunity going from what I think we get on our normal billboards, $1 per square foot or $2 per square foot to getting $10 per square foot, so it's five times the revenue that is generated under the normal circumstances, which -- when we start talking about our budgetary process having -- generating revenue from nontaxable sources is something that I'm very much in favor of under some circumstances, and this is one of those circumstances that I think is ripe for that. I do happen to be a young person, I think, so I think I qualify under that.
Chair Sarnoff: You get an (UNINTELLIGIBLE) for voting.
Commissioner Suarez: I don't know. We can vote on that or we can have -- but I do envision a city where there are certain areas where there is more and more vibrancy, and we need to continue to make the areas that are appropriate for growth vibrant. And that's an area with the American Airlines Arena, with the downtown and Brickell area that is becoming more and more vibrant. And I think it's going to be wonderful to have a media component. I can't wait till we get the World Cup in 2018 and we can broadcast the World Cup from those towers. I have a feeling that instead of 7,000 people, like we had at, say, Alfredo's, we may have 50 or 70,000 people out there watching those games, so that's it.
Vice Chair Carollo: Thank you, Commissioner Suarez. Anyone else wishing to speak on this item? No? I'm going to call a 15-minute recess prior to the vote. On the floor, I have a motion by Chairman Sarnoff and seconded by Commissioner Dunn. I'm going to call for a 15-minute recess. You know what? Let's just be back at 2:30, if possible. "[Later...]"
Vice Chair Carollo: With that said, back to PZ.16. I'd like to begin by commending the Chairman. As I'm sure you all very well know, I know how much work he has put into this; and going through all the details and having all the different amendments and so forth, I definitely know all the work that you've put in and you definitely have to be commended for it. At the same time, there is two issues that I wanted to bring up, one which I actually will let go. At first Museum Park -- 800,000 to the Museum Park, but you know what? I can let that go. However, the one that I really have a problem with -- and I see what you did, and again, I commend your efforts. In G, Section 62-808, I think it's the second page, Mr. Chairman.
Chair Sarnoff: Yes.
Vice Chair Carollo: Okay. I see here that we -- you went from $1 dollar per square foot to $10 per square foot. Actually, I think it was $2 and -- it was actually $2, not 1. But you went from $2 a square foot to $10 a square foot, and I really commend you for that. However, the problem that I have with that is that you're doing a maximum of 1.2 million. That's where I have a
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problem with. If we would have stuck with the original $2 with no maximum, then, you know, it would be a lot more revenues for the City of Miami. So what I want to do, if possible, if one of my colleagues will make an amendment to that, a friendly amendment that instead of $10 a square foot, it be $2.50 a square foot with no maximum; plus CPI (Consumer Price Index) not less than 2 percent. Would one of my colleagues make that amendment?
Commissioner Gort: Right.
Commissioner Dunn: So --
Commissioner Gort: We were looking at the number as he was making the statements, and I'd like to make the friendly amendment to add $2 per square foot with no cap, then an additional CPI every two years, no less than 2 percent.
Vice Chair Carollo: Will you consider 2.5, Commissioner Gort?
Commissioner Gort: Let's leave it at 2 percent because you're talking about 30 years.
Commissioner Dunn: You need a second, Mr. Chair?
Chair Sarnoff: Yes.
Commissioner Dunn: Second.
Vice Chair Carollo: Second. Okay, so we have a friendly amendment by Commissioner Gort and seconded by Commissioner Dunn. Madam City Clerk, we do not have to vote on the amendment, correct? We could vote just as a whole?
Ms. Thompson: Actually, you -- because you already have a motion on the floor that was made by the Chair, okay --
Commissioner Dunn: Has to be (UNINTELLIGIBLE). Okay.
Ms. Thompson: Okay. The que -- the Chair -- the maker of the motion would be the one who would need to accept the amendment if you want to vote one time. If not, you'd have to do the two separate votes.
Vice Chair Carollo: Okay. With that said, would the maker of the motion accept?
Chair Sarnoff: Maker accepts the amendment.
Vice Chair Carollo: At 2.5 or at 2? Two point five --
Chair Sarnoff: I like what Commissioner Gort said. I -- you know, I once pushed somebody too far and it become Flagstone, so --
Vice Chair Carollo: Okay. Touché, touché.
Commissioner Gort: Let me read it again. It's $2 per square foot; comes out to about $2.280 million, and money goes to the general funds [sic], and 800,000 contribution to Museum Park.
Vice Chair Carollo: Right. And that amendment, we're not changing it. However, Mr. Chairman, plus CPI not less than 2 percent?
Chair Sarnoff: I accept that.
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Vice Chair Carollo: You accept that?
Chair Sarnoff: I accept that.
Vice Chair Carollo: Okay. Any further discussion?
Commissioner Suarez: You may want to ask them if they accept it.
Vice Chair Carollo: Oh, I think we're -- I want to vote for it, and we have second -- I say we vote on it.
Chair Sarnoff: It's first reading.
Vice Chair Carollo: No? I say we vote on it. Madam City Attorney, it is an ordinance.
Ms. Bru: Okay. What we need to --
Vice Chair Carollo: And -- I'm sorry, I'm sorry. Commissioner Dunn, did you want to say something?
Commissioner Dunn: Mr. Chair -- no.
Vice Chair Carollo: Sure.
Commissioner Dunn: I was just accepting it as a seconder. I think that's the protocol. Am I correct?
Vice Chair Carollo: Exactly.
Ms. Bru: Okay. We --
Vice Chair Carollo: Thank you.
Ms. Bru: What we need to do is be clear because I have here the handout that I received from the Chairman that has changes to both the ordinance and the development agreement. So we need to be clear that what you're voting on now is PZ.16, which is the ordinance, and there are some changes to the ordinance that have been read into the record, some amendments that affect the ordinance that have been also read into the record. I think that, you know, if you want to, I can go through them. I know what they are because they're part of the exhibit. So you're voting on the ordinance, as amended.
Commissioner Gort: As amended.
Vice Chair Carollo: As amended --
Ms. Bru: Right.
Vice Chair Carollo: -- with the only difference is that in the amendment G, Section 62-808, annual permit fees, permit renewal fees, instead of $10 -- I'm sorry. In -- yes, instead of $10 per square foot, it would be $2 per square foot, plus CPI not less than 2 percent, and with no maximum.
Ms. Bru: Correct.
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Vice Chair Carollo: And that is a motion by the Chairman and seconded by Commissioner Dunn.
Ms. Bru: Okay.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Thompson: Your roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed as -- on first reading, as modified, 5-0.
Vice Chair Carollo: Thank you.
Ms. Bru: Mr. Chair, this ordinance has been advertised for second reading at a special City Commission meeting that will held on the 29th of this month, on July 29.
Vice Chair Carollo: Thank you for that information, Madam City Attorney.
Ms. Bru: Okay.
FIRST PUBLIC HEARING
PZ.17 RESOLUTION 06-01053da City Manager's DRAFT PROPOSED RESOLUTION Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE CITY OF MIAMI (CITY), FLORIDA, AND RICHWOOD, INC., THE MCCLATCHY COMPANY, AND MAEFIELD HOLDINGS, L.L.C., (COLLECTIVELY RMM) RELATING TO THE PROPOSED DEVELOPMENT OF PROJECTS KNOWN AS "CITY SQUARE RETAIL PROJECT" AND "CITY SQUARE RESIDENTIAL PROJECT," ON APPROXIMATELY ± 8.24 ACRES, LOCATED AT APPROXIMATELY 1401 BISCAYNE BOULEVARD, 360 NORTHEAST 14TH TERRACE, 1410-1420 NORTH BAYSHORE DRIVE, AND 1431-1451 NORTH BAYSHORE DRIVE, WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY AND IDENTIFIED BY MIAMI-DADE COUNTY TAX FOLIO NUMBERS 01-3231-011-0160, 01-3231-012-0050, 01-3231-012-0080, 01-3231-012-0090, 01-3231-009-0020, 01-3231-054-0010, 01-3231-018-0010, AND 01-3231-018-0011, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND; APPLICABLE ONLY TO PROPERTY OWNED BY RICHWOOD, INC., THE MCCLATCHY COMPANY, AND MAEFIELD HOLDINGS, L.L.C. AND AFFILIATED PARTIES; AUTHORIZING THE FOLLOWING USES: MIXED USES, DWELLING UNITS, RETAIL USES, PARKING, A MEDIA TOWER, AND ANY OTHER USES PERMITTED BY THE ZONING DISTRICT REGULATIONS, TRANSECT "T6-36-OPEN" ON THE MIAMI 21 ZONING ATLAS, WHICH ARE CONTEMPLATED IN THIS AGREEMENT; TOLLING THE ORIGINAL PHASE I PARCEL MUSP AS APPROVED AND IN EFFECT FOR THIS SITE (AS IDENTIFIED IN THE AGREEMENT); AUTHORIZING ALTERNATIVE PERMITTING PROCEDURES;
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AUTHORIZING A MAXIMUM RESIDENTIAL DENSITY OF 500 DWELLING UNITS PER ACRE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE.
06-01053da CC Legislation (Version 2).pdf 06-01053da Development Agreement.pdf 06-01053da Exhibit A.pdf 06-01053da Exhibit B.pdf 06-01053da Exhibit C.pdf 06-01053da Exhibit D.pdf 06-01053da CC 07-22-10 Summary Form.pdf 06-01053da-Submittal-District 3.pdf 06-01053da-Submittal-District 2.pdf 06-01053da-Submittal-Dusty Melton.pdf 06-01053da-Submittal-Barbara Bisno.pdf 06-01053da-Submittal-William E. Pino, P.E..pdf 06-01053da-Submittal-Disclosure of Consideration-Mark A. Siffin.pdf 06-01053da-Submittal-Memo-Bercow Radell & Fernandez.pdf 06-01053da-Submittal-Bercow Radell & Fernandez.pdf 06-01053da-Submittal-Signatures of Support.pdf 06-01053da-Submittal-Support Letters and Signatures.pdf 06-01053da-Submittal-Dusty Melton 2 (7-29-10).pdf 06-01053da-Submittal-Miami-Dade County Memo.pdf 06-01053da-Submittal-Disclosure of Consideration-Mark A. Siffin 7-29-10pdf.pdf DISCUSSED
R-10-0334
Julie O. Bru (City Attorney): And then now you have PZ.17, which is a development agreement. It requires no action on your part. You had a public hearing on it, as required by the statute. However, there were some modifications that were put into the record on the development agreement. We will incorporate those into the development agreement. That has also been advertised to be heard for a public hearing on July 29, for the second public hearing. And at that time, you can act on it.
Vice Chair Carollo: Thank you, Madam City Attorney.
Chair Sarnoff: All right, gentlemen, I'm going to ask you a question now. Congratulations to all you media folks. I wish you all the best. If you want to get up and stretch your legs and get out of here, I understand. But I know this is an enthralling Commission. But gentlemen, how do you want to proceed; you have not had lunch? And how do you want to proceed into the afternoon? You could take a half-hour now for lunch. We --
Vice Chair Carollo: It's your time now, Commissioner Gort.
Chair Sarnoff: Tell me what -- what's the pleasure of this Commission?
Commissioner Gort: Half an hour is fine.
Chair Sarnoff: You want to do a half an hour break for lunch? Mr. Mayor, would -- is that all right with you? I know you're -- you don't each much; that's your issue. Half hour okay, gentlemen?
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Vice Chair Carollo: He doesn't eat much at lunch time --
Chair Sarnoff: Well --
Vice Chair Carollo: -- but he eats.
Chair Sarnoff: Why don't -- let's do this, let's reconvene at a quarter to four, all right. We'll reconvene -- and let's be prompt at a quarter to four.
Jeffrey Bercow: Mr. Chair, before you break. I don't think you voted on the motion.
Commissioner Dunn: Seventeen.
Chair Sarnoff: We were told --
Mr. Bercow: On 17.
Chair Sarnoff: -- we didn't have to.
Mr. Bercow: No, no. On the first one.
Commissioner Gort: Yes, we did.
Mr. Bercow: First reading.
Vice Chair Carollo: Yes, we did.
Commissioner Gort: Yeah.
Priscilla A. Thompson (City Clerk): Yes.
Ms. Bru: We voted on --
Mr. Bercow: Okay. I apologize.
Ms. Bru: -- first reading.
Commissioner Gort: Where were you?
Mr. Bercow: I apologize.
Chair Sarnoff: The first one --
Commissioner Gort: Won.
Mayor Regalado: Five.
Mr. Bercow: Okay.
Commissioner Gort: Five-zero. What --
Mr. Bercow: Okay. Thank you very much. I'm sorry; I missed it.
Carlos A. Migoya (City Manager): He's getting old.
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Chair Sarnoff: You want us to vote again, Mr. Bercow? Anybody want to reconsider?
Mr. Migoya: Nonetheless, he's getting old.
END OF PLANNING AND ZONING ITEMS
MAYOR AND COMMISSIONERS' ITEMS CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
M.1 DISCUSSION ITEM 10-00265d A MONTHLY REPORT ON THE CURRENT STATUS OF THE CITY'S FY 2010 BUDGET. 10-00265d Discussion Page.pdf
DISCUSSED
Note for the Record: Please refer to item RE.9 for minutes relating to M.1
M.2 DISCUSSION ITEM 09-01453f DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01543f Discussion Page.pdf
DISCUSSED
Chair Sarnoff: So why don't we start with M.1. It's at page 40 of our agenda. It is the budget. Mr. Mayor, you are recognized on M.1.
Mayor Tomás Regalado: Thank you, Mr. Chairman, Vice Chairman, Commissioners. We have, as promised, the monthly report on the status of the budget, also the pension. I would like to start with the labor issue. The following is a status update on the labor negotiations between the City of Miami and its four collective bargaining units. The City is currently in negotiations with all four labor unions. The City of Miami team held three bargaining sessions with Local 587 since invoking Florida Statute 447.4095. The most recent session was held on Friday, July 9, 2010. On July 19, 2010, the City notified the Special Magistrate, James Mastriani, of the specific contract articles at impasse. The parties are waiting for Mr. Mastriani to schedule a date for the hearing. In addition, Local 587 filed a suggestion for certification to the Florida Supreme Court with the Third District Court of Appeals on June 8, 2010. The City filed its reply and the Third District Court denied Local 587's suggestion for certification on June 29, 2010. Local 587 filed a grievance associated with the City's invocation of Florida Statute 447.4095, the arbitration for which is scheduled for October 29, 2010. Notwithstanding the above, the City and Local 587 are scheduled to meet again on July 27, 2010. The City of Miami and FOP (Fraternal Order of Police) Miami Lodge number 20 met on June 24, 2010, July 1, 2010, July 8, 2010, and July 19, 2010. To date, the parties had agreed tentatively on 12 contract articles. The City of Miami and AFSCME (American Federation of State, County and Municipal Employees) Local 1907 last met on July 21, 2010. To date, the City and AFSCME Local 1907 complete and agree tentatively upon ten contract articles. The parties are scheduling a fourth bargaining session. The City of Miami and AFSCME Local 871 met on July 15, 2010 for a second meeting and are scheduled to meet again on July 23, 2010. That is tomorrow. The
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parties have tentatively agreed upon six contract articles. Mr. Chairman and Commissioners, this is the report on the pensions and union negotiations.
Chair Sarnoff: Mr. Mayor, could I ask a question?
Mayor Regalado: Sure.
Chair Sarnoff: You'd indicated October 29 was one of -- What was going to happen on the 29th?
Mayor Regalado: It is -- it's separate on -- and in terms of -- it's a court case and it's -- let me see.
Julie O. Bru (City Attorney): It's an arbitration that's -- concerns the layoffs that were --
Chair Sarnoff: Oh, so it's not --
Mayor Regalado: No. It's not related to the contract itself, but we thought -- we included it in the report to you.
Chair Sarnoff: Do we know --? I've not seen it so I'm asking a question I don't know the answer to. But do --?
Ms. Bru: I'm sorry, Chairman. It's the arbitration regarding Article 18 of the fire contract, which is the article concerning the financial emergency whether or not -- urgency whether or not we had the right to invoke a financial -- physical urgency.
Chair Sarnoff: Is that going --? Let me ask it the way I know it as a lawyer. Is that the issue that's going to the Third DCA (District Court of Appeals) or the Supreme Court?
Ms. Bru: Well, the arbitration is proceeding through the PERC (Public Employees Relations Commission) process. We have an appeal pending that we haven't briefed yet, which is the issue regarding the constitutionality of the statute --
Chair Sarnoff: And has the --?
Ms. Bru: -- so it's two tracks.
Chair Sarnoff: Okay. And -- so let me ask the question as I know it. Has the Supreme Court accepted jurisdiction?
Ms. Bru: No, they did not. Not -- they didn't accept the suggestion of -- you know, of --
Chair Sarnoff: Certification --
Ms. Bru: -- certification.
Chair Sarnoff: -- of certiorari, right.
Ms. Bru: They denied it.
Chair Sarnoff: All right. So then it will be heard at the Third DCA --
Ms. Bru: At the Third DCA.
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Chair Sarnoff: -- and we don't know the date of that hearing.
Ms. Bru: Well, we haven't briefed yet.
Chair Sarnoff: Briefed it, okay.
Ms. Bru: It hasn't been briefed yet.
Chair Sarnoff: Okay. Sorry, Mr. Mayor. That's what I thought maybe the October date was.
Mayor Regalado: Right. No. And you're correct on that.
Chair Sarnoff: Do any of the Commissioners have any questions?
Vice Chair Carollo: Yes, I do.
Chair Sarnoff: Vice Chair is recognized.
Vice Chair Carollo: Thank you, Mr. Chairman. I don't know -- to pose the question to the City Attorney or the Manager or the Mayor. Would it be proper to ask what the agreements were? You mentioned various agreements. I think they agreed to six clause -- do you mind stating them so --?
Mayor Regalado: There -- Mr. Vice Chair, there are several agreements with the AFSCME and Police and Fire. Michelle will explain as much as we can explain in terms of the process.
Michelle Piña: Michelle Piña, director of Employee Relations. I can certainly provide you a list of the articles that have been tentatively agreed with each union thus far. We have not discussed -- just yesterday with Local 1907 we discussed wages. However, we have not tentatively agreed on that article. But I can cer --
Chair Sarnoff: Do me a favor. Don't use numbers 'cause the people listening to this on TV (Television) are not going to understand what a number is. Who is 1907?
Ms. Piña: That is the general AFSCME employee union.
Chair Sarnoff: Okay.
Ms. Piña: So I can certainly circulate something by the end of the day which specifies what articles were tentatively agreed on, if that satisfies your request.
Vice Chair Carollo: Sure. I'd just like to know 'cause, you know, the Mayor's giving an update. He's saying that, you know, they have agreed -- we have come to agreement, so I just, you know, wanted to get into more detail to see exactly what they've agreed to and so forth. But, yeah, I don't have a problem waiting 'til this afternoon.
Ms. Piña: Okay. I can provide a quick example of articles that have been tentatively agreed with general AFSCME employees if you'd like right now.
Chair Sarnoff: Go ahead.
Vice Chair Carollo: Sure.
Ms. Piña: Okay. Article 2, representation of the City; Article 3, representation of the union; Article 6, discrimination; Article 10, contract distribution; Article 11, notices; Article 12,
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bulletin boards; Article 13, dues check-off; and Article 22, rest/lunch periods.
Chair Sarnoff: Not very financial.
Ms. Piña: No. We have not -- we just -- yesterday we just discuss -- yesterday the negotiation team began to talk about wages. However, we have not tentatively agreed on the article.
Chair Sarnoff: So essentially, like the Vietnam War, you've just agreed to the size of the table of the negotiation?
Ms. Piña: Well, all articles have to be tentatively agreed on and we have a significant number of articles with each union contract. And so we have not -- although we have discussed issues surrounding wages and group insurance and pension, we have not tentatively agreed on those articles.
Chair Sarnoff: Can you respond to him with regard to Fire as well and Police?
Ms. Piña: I don't have that shortlist with me, but I can certainly circulate something by the end of the day.
Chair Sarnoff: Thank you.
Vice Chair Carollo: Thank you.
Mayor Regalado: And the bottom line, you're right, is the articles that have been agreed to does not have the financial impact that the City is seeking and the unions are also discussing.
M.3 DISCUSSION ITEM 10-00868 DISCUSSION CONCERNING ALLOCATING FUNDS FROM THE CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX TO ACTION COMMUNITY CENTER. 10-00868 Memo.pdf
NO ACTION TAKEN
Chair Sarnoff: Is there anyone here to promote to Mayor's issue? All right. I know that there's a number of pocket items.
END OF CITYWIDE ITEMS DISTRICT 1
COMMISSIONER WIFREDO (WILLY) GORT
END OF DISTRICT 1 DISTRICT 2
CHAIRMAN MARC DAVID SARNOFF
END OF DISTRICT 2
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DISTRICT 3
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
NA.1 DISCUSSION ITEM 10-00922 UPDATE BY MAYOR TOMÁS REGALADO REGARDING THE PATH OF TROPICAL STORM BONNIE AND THE STATUS OF THE CITY OF MIAMI'S EMERGENCY OPERATIONS CENTER. DISCUSSED
Vice Chair Carollo: I'm sorry. Mr. Mayor.
Mayor Tomás Regalado: Mr. Chairman, before you take the recess --
Vice Chair Carollo: Thank you.
Mayor Regalado: -- if you allow me just two minutes for a report about the EOC, the Emergency Operation [sic] Center. It's very brief. We are under a tropical storm warning in South Florida; however, the latest models takes the tropical depression number 3 south of the -- of Miami. It would be affecting more the Keys than the City of Miami. We have been told that what we're going to have is mostly a rain event. It's between two or three inches of rain between tonight and tomorrow night and probably early Saturday. The EOC has not been activated. It's on level 3. We have personnel, Fire and Police personnel at the EOC. It's at the number 3 level. We do not want to take it to the second level or the first level because we believe that this is only a rain event; however, Public Works is already working on the pump stations that we have in place in several areas of the City. Plus, we do have four portable pump stations that can be taken to some areas. We're talking about the Omni area. We saw the flooding. We understand that DOT (Department of Transportation) has a pump station at Biscayne Boulevard and 14th Street, so we will be contacting DOT to activate that, starting tomorrow. And the -- all the Commission offices will be notified every several hours. Public Works is ready with the pump station, the one in Antonio Maceo Park, the one on 64 and 3rd -- 63rd and 5th, and all the local pump station. The Orange Bowl one. So I just wanted to relay to you that information. We do not plan to activate at the maximum level the Emergency Operation [sic] Center. Thank you, sir.
Vice Chair Carollo: Thank you, Mr. Mayor. Okay, we are now in recess. Let's try to make it back around 2:30. Thank you.
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NA.2 DISCUSSION ITEM 10-00923 UPDATE BY CHIEF FINANCIAL OFFICER LARRY SPRING ON THE SALE OF BONDS THAT WILL BE USED TO FINANCE THE MIAMI MARLINS PARKING GARAGE. DISCUSSED
Vice Chair Carollo: We will now like to reconvene. And we are still on PZ.16. Before we take a vote, I do have our chief financial officer, Larry Springs [sic] here, that wants to come up and give a quick update. Mr. Springs [sic].
Larry Spring: Thank you. Larry Spring, chief financial officer. Commissioners, I just wanted to come and give you an update on the bond sell that we were able to close yesterday regarding the financing for the Marlins parking garage. Yesterday was actually a difficult morning, but the market was very kind to us. We actually were able to sell the bonds at a blended rate of 5.81. At end of the day, our tax exempt rate ended up being 5.53; our taxable was 7.70, which was a little bit over the earlier expectations. We oversubscribed on our tax exempt by three times during the day, so we were able to get some good pricing as a result of that. All of that happened in a span of about two hours. And so, like I said, we really had a good day once we got rolling. And I just want to openly thank Robin Jones-Jackson, Pete Chircut, who you guys know had a heart attack during this whole process and was still able to contribute a lot to the deal, and of course, Diana Gomez, our Finance director, and you know, the support of the Commission to allow us the flexibility to be able to get this deal done. So I just wanted to give you that. Oh, and the par -- I sent out a communication -- a communication was sent out by the Manager. We were able to keep the par amount to a hundred million -- hundred point seven million, so we were about twenty million below the par amount that was approved by the City Commission. So it was absolutely a great deal.
Vice Chair Carollo: Thank you, Mr. Springs [sic]. Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chairman. Mr. Springs [sic], is it fair to say that the market is very confident in the City of Miami?
Mr. Spring: Based on being able to have sold in two hours with two supplements to our preliminary official statement, yes, I would say so.
Commissioner Suarez: Thank you.
Carlos A. Migoya (City Manager): One of which came in that morning at 9 o'clock in the morning
Mr. Spring: Right.
Vice Chair Carollo: Like Mr. Spring said, it was a difficult morning, but we got through it. We were -- go over the obstacle and we got it done, so thank you. Great work, you and the staff.
Mr. Spring: Thank you.
NA.3 RESOLUTION 10-00877 Office of the Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE INSTALLATION OF A PLAQUE IN THE PUBLIC RIGHT-OF-WAY LOCATED AT 2500 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO COMMEMORATE THE FORMER HOME OF PARKER HENDERSON, MAYOR OF THE CITY OF City of Miami Page 177 Printed on 8/27/2010 City Commission Meeting Minutes July 22, 2010
MIAMI FROM 1915-1917 AND 1923-1925. 10-00877-Legislation.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez
R-10-0313
Chair Sarnoff: Mr. Mayor, I know you have three pocket items.
Mayor Tomás Regalado: I do, and it be quick. None of them have any fiscal impact. And I want to thank the City Commission for approving the master plan, and we will move on. I do have a --
Chair Sarnoff: If you want to -- (UNINTELLIGIBLE). Sorry.
Mayor Regalado: There is a -- Mr. Chairman, in your district and because of Miami's birthday - -
Chair Sarnoff: Folks --
Mayor Regalado: -- we have --
Chair Sarnoff: -- there's a way of leaving quietly and there's a way of leaving, and you don't want to leave the way I think you're going to leave, so let's leave quietly.
Mayor Regalado: So --
Chair Sarnoff: Mr. Mayor, you're recognized.
Mayor Regalado: -- it's -- we have in Miami Avenue the former home of Parker Henderson, who was Mayor of the City of Miami from 1915 to 1917 and then again from 1923 to 1925. The family has kept the house in great shape, and it's exactly as it was; historical house. And this resolution does authorize the City to install a marker and a plaque in the public right-of-way so we can commemorate -- or one of the few houses that we know that former Mayors live in. So that's my first pocket item.
Chair Sarnoff: All right. Is there a motion?
Vice Chair Carollo: So moved.
Commissioner Dunn: Second.
Chair Sarnoff: Motion by the Vice Chair, second by Commissioner Dunn. Folks? Where are the sergeant of [sic] arms? All right, we have a motion. We have a second. All in favor, please say "aye."
The Commission (Collectively): Aye.
NA.4 RESOLUTION 10-00890 Office of the Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY ("COUNTY") TO ENACT PROCEDURES TO AMEND THE
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CHARTER COUNTY TRANSIT SURTAX ORDINANCE TO BE IN ACCORDANCE WITH THE NEWLY ADOPTED STATE LAW REGARDING ON-DEMAND TRANSPORTATION SERVICES (CS/HB 1271); DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 10-00890-Legislation.pdf
Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez
R-10-0314
Chair Sarnoff: All right, Mr. Mayor, you have a second pocket item.
Mayor Tomás Regalado: Thank you. This is a resolution urging Miami-Dade County to enact procedures to amend the Charter County Transit Surtax ordinance to be in accordance with a newly adopted state law regarding on-demand transportation services; directing the City Clerk to transmit a copy of this resolution. What this does is we're urging the County in September so they can amend, according to the state law, their County ordinance so any on-demand transportation for seniors can access the half a penny transportation, and the County is willing to do that. We just need the permission from the County to -- so we can access those funds.
Chair Sarnoff: All right. Is there --?
Commissioner Gort: Move it.
Chair Sarnoff: Motion by Commissioner Gort.
Vice Chair Carollo: Second.
Chair Sarnoff: Second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
NA.5 RESOLUTION 10-00888 Office of the Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SUPPORTING THE CREATION OF A GREEN CORRIDOR PROGRAM, AS STATED HEREIN; DIRECTING THE CITY MANAGER TO INSTRUCT THE OFFICE OF SUSTAINABLE INITIATIVES TO IMPLEMENT SAID PROGRAM. 10-00888-Legislation.pdf 10-00888-Exhibit.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez
R-10-0315
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Chair Sarnoff: Third pocket item, Mr. Mayor.
Mayor Tomás Regalado: And as you know, Mr. Chairman, Commissioners, the State Legislature just passed a bill creating the Green Corridor program. This will allow cities to join other cities and use state and federal money to loan residents for them to do solar panels and green programs to their home. This is at no cost at all to the City of Miami. We're just joining several cities on the corridor from West Palm, Vero Beach to the Keys, and it allow us in the future to participate in that program.
Vice Chair Carollo: So move.
Chair Sarnoff: There's a motion --
Commissioner Gort: Second.
Chair Sarnoff: -- by the Vice Chair, second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
Chair Sarnoff: Thank you, Mr. Mayor.
Mayor Regalado: Thank you.
NA.6 DISCUSSION ITEM 10-00924 DISCUSSION BY COMMISSIONER GORT REGARDING IMPACT FEES AND THE ROLE OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) IN THIS PROCESS. DISCUSSED
Direction by Commissioner Gort to the City Attorney to look into how impact fees are applied towards existing buildings by the City and County and whether or not an applicant needs to go to the Department of Environmental Resources Management (DERM) for a Certificate of Occupancy.
Vice Chair Carollo: Mr. Chairman.
Chair Sarnoff: All right, we're going to take Commission Gort's pocket item, then we're going to take Commissioner -- the Vice Chair's pocket item --
Vice Chair Carollo: Thank you.
Chair Sarnoff: -- and then we're going to finish --
Commissioner Dunn: Mr. Chair.
Chair Sarnoff: -- a couple of agenda items, and then we will --
Commissioner Dunn: Mr. Chair.
Chair Sarnoff: -- recess.
Commissioner Dunn: I have one too.
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Chair Sarnoff: You have one too.
Commissioner Dunn: Yes, sir.
Chair Sarnoff: Okay. Let's go Gort, Vice Chair, Dunn.
Commissioner Gort: Mainly, Mr. Chairman, one of the problems we had, we want to be business-friendly, and unfortunate -- and it happened to me. I had a case, some individual that came to me, they have a gym where they have taken the kids off the street and they're training them and they decided to move. When they went to get their certificate of occupancy, they went to the City of Miami; from the City of Miami, they had to go to DERM (Department of Environmental Resource Management); and then DERM send them to Water and Sewer and they were charging them $4,000 for the impact fee of an existing building, existing facility. I think that we should look into that. I don't see why we need to go to DERM in order to get a certificate of occupancy, and I would like for our attorneys to look into that. 'Cause if the building's in existence, already paid their impact fee, why should someone else that comes in to rent pay additional impact fee? And that's limiting the -- affecting our business, anybody wants to open up a shop or business. That's -- I want to instruct the staff to look into it.
Chair Sarnoff: All right. You don't want a -- you don't -- he doesn't need a reso (resolution) on that, right?
Julie O. Bru (City Attorney): This is a direction.
Chair Sarnoff: Okay.
Ms. Bru: Yes.
Chair Sarnoff: It's a directive.
Ms. Bru: Okay.
NA.7 RESOLUTION 10-00894 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN AMENDMENT TO THE VIRGINIA KEY BEACH PARK TRUST'S ("TRUST") FISCAL YEAR 2009-2010 BUDGET, IN THE TOTAL AMOUNT OF $216,519.51, CONSISTING OF THE TRUST'S REVENUE FUND BALANCE AND PROJECTED REVENUE, AS STATED HEREIN. 10-00894-Legislation.pdf
Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
R-10-0342
Chair Sarnoff: All right, Commissioner Dunn.
Commissioner Dunn: Mr. Chairman and to colleagues, I would like to continue an item for maybe discussion in the next meeting -- in the special meeting as a continuation surrounding the facts of the Virginia Key Park Trust audit. If I could just -- we could push that to the next
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meeting.
Chair Sarnoff: So can the Administration create a discussion item for Commissioner Dunn on the July 29 agenda to get into the issues surrounding the Virginia Key Trust?
Carlos A. Migoya (City Manager): Are we talking specifically about the remaining funds that they have and how they can use them so they can operate the beach from now through the end of September 30?
Commissioner Dunn: Yes.
Mr. Migoya: I'll be happy to do that. No?
Mayor Tomás Regalado: No, we can't.
Julie O. Bru (City Attorney): Let me --
Mayor Regalado: But what you can do -- what we talk about, you can continue this meeting --
Chair Sarnoff: Recess, gotcha. So --
Mayor Regalado: -- and use it as a --
Chair Sarnoff: All right, so let's table that --
Mr. Migoya: There you go.
Chair Sarnoff: -- which will give you time to do what you need to do. And when I'm done today, we will probably recess so it won't have a --
Mr. Migoya: We'll be back to you --
Chair Sarnoff: -- procedural problem.
Mr. Migoya: -- before this meeting is over.
Chair Sarnoff: Thank you.
Priscilla A. Thompson (City Clerk): I'm sorry. Chair, my records don't show anything on the agenda about a discussion on --
Chair Sarnoff: Right. He's --
Ms. Thompson: -- that item, so --
Chair Sarnoff: -- got a pocket item --
Commissioner Dunn: It's a pocket item.
Mayor Regalado: -- and we're recognizing him for a pocket item. I'm tabling his pocket item. And when this Commission recesses for today and readjourns [sic] whenever it determines it wants to, the Manager said that in the tabling of it, he would have some information regarding it.
Ms. Thompson: Thank you.
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Chair Sarnoff: That's procedurally where we are.
Ms. Thompson: Thank you.
"[Later...]"
Chair Sarnoff: Commissioner Dunn, you had a pocket item that you wanted to discuss that --
Commissioner Dunn: Yes.
Chair Sarnoff: You're recognized for the record.
Commissioner Dunn: Thank you, Mr. Chair. To my fellow Commissioners, at the last Commission meeting, held on July 8, an impression was left that the Virginia Key Park Trust failure to submit its audit report to the City cost the City significantly and that the Trust was really -- at least this was the impression -- was acting irresponsible and negligent in fulfilling its fiduciary obligations. We had an opportunity to talk. They sat down with me and presented some pretty compelling documented evidence that seemed to suggest otherwise. And now I feel compelled to allow them this time to present to the public some of the facts, and I would ask them to abbreviate it; if we need to carry over into the September meeting. But this is really the issue surrounding the audit and the City. What's really at stake for them at this point is it impedes, it prevents them from moving forward. And I would like to, with the approval of this Commission - - I'm going to ask Mr. Patrick Range to come forward -- and would like to -- if this Commission sees the worthiness of his presentation and argument, I would like to direct the City Manager to load their allocation so that they can operate for the remainder of this year and pay their obligations. I'm going to ask for possibly an abbreviated presentation, but it -- we can take as long as this Commission will allow you. I mean, time is of the essence. But the main issue at stake now is for them to be able to -- me to be able to direct the City Manager to load their allocations so that they can operate and pay their obligations for the rest of this year, since our next meeting won't be until September, if that's --?
Chair Sarnoff: Proceed. You're recognized for the record.
Patrick Range: Thank you very much, Mr. Chair, members of the Commission. My name for the record, Patrick Range, residence at 1631 Northwest 57th Street, Miami, Florida 33142, in this great City of Miami. I'm also a business owner here. But here today very gratefully as trustee/treasurer of the Virginia Key Beach Park Trust. I'd like to recognize our chairman, Mr. Gene Tinnie. With us also today, we have the principal of Harvey Covington, our accounting firm. Mr. Rod Harvey is here present with us. And I do -- and we are all very grateful for a few moments of your time to do two things. What -- we would like to correct the record and then also to address, most importantly, a budget amendment item, which, you need to be clear, has no financial impact to this City or its budget. Essentially, and just to give you a bit of history, we were at this point last year in preparing for the budget. And in our preparation of the budget, you know, we did present in September, along with the rest of the City agencies, as well as when the full City budget was heard. At that time, we were deferred. Our budget was not approved. Essentially, for your information, Commissioners, we received no money from the City of Miami last year in the budget through the City of Miami budget process. Again, we received no money whatsoever from the City in its budget process last year. However, our budget was not approved. We did have some funds that were available, rollover funds from the prior year, and we did seek to have those approved for our use. Those funds, even though we were heard in September at budget time, were not approved for our use until January, our Commission meeting in January. Again, this was through a number of deferrals for whatever reasons there may have been. But at any rate, we were not approved for any funds to be used until January, and those were only rollover funds from the prior year. You did -- you should have all received a packet of
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information just detailing particularly a timeline, you know, identifying everything that I'm saying to you today with documentation. We would like to have -- essentially, where we are with the budget this year. Again, because we received no funds from the City, the only funds that we had available for our use for funds that we generated from the use -- from the park itself, so from entrance fees, events, and so forth. These were the only monies that we had available, in addition to the rollover funds which I mentioned, which were somewhere in the neighborhood of about -- I think about three or -- about $400,000 we had from the prior year. And so where we are now is we've exhausted those funds. We have actually raised more money than what we budgeted for in our budget that we presented to the City. So we've actually done better than what we projected to do in terms of revenue from events and from entrance fees and so forth at the park. All that we're asking for you to do today is to allow us to utilize those funds to be able to pay our obligations, salaries for our staff, and so forth. And I just have to say that, you know, it's been a very difficult situation for us because we did not anticipate not receiving any funds from the City this past year. In prior years, we had received upwards of $1 million from the City for use -- for operating use, you know, for park. I encourage each of you to go out to the park. Really, it is, I think, the real gem that we have here in the City. It's the only beachfront property that is in the City of Miami, and we really have developed, I think, a first -- a world-class recreational, educational, and historical facility out there at Virginia Key Beach, and I do encourage each of you to go out with your families. There are plenty of activities for children and so forth, and we really do have a fantastic park, which I encourage all of our citizens to take advantage of, something you won't find anywhere else in the City. But to that end, you know, we need to have -- to be able to utilize the money that we have generated in terms of our revenue in order to continue to pay our salaries for our staff and to handle our other obligations. Again, it's not a large amount of money. It has no impact to the City's budget. This is money that we have raised, again, from, you know, our events and entrance fees and so forth at the park, and we have to come to you to ask for your approval to incorporate that as a budget amendment to allow us to utilize the extra funds that we have raised. Again, we're mindful of your time. We do want to also correct the record, however. I have to say, as treasurer of the Trust, I was rather disappointed and kind of saw us as kind of the ugly duckling, you know, when we did read in the Miami Today the fact that we, as a Trust, were responsible for perhaps 15 to $18 million of taxpayer money because we were late with our audit. Again, in the package that you received -- because we did not have our budget loaded last year until January, you know, we were not able to proceed as we would normally have with procuring our audit, our personnel in the person of Mr. Rod Harvey and his company. As you all discussed earlier today, we also had to go out for bid for our external auditor last year, and we were not able to finalize that, you know, without knowing, you know, what dollars we had available or whether we would have dollars available. And again, so we were in very much a Catch-22, you know, situation where we were able to bring Mr. Harvey on board after, you know, going through the bid process, and he was available to us to complete the audit, which he was not actually able to begin, I think, until January, if I'm not mistaken, in terms of -- February, in terms of field work. That information was produced timely. I do want to address -- I'm sorry that Vice Chairman Carollo is not present with us, but we did want to address his concerns because he did issue a directive to three of the City agencies, which included us, to prepare a report. I had that report delivered to him as to why we were late with our audit to the City. And I just want to make clear for the record, we received that directive from the Agenda Office on March 31 in the evening, so we actually received the e-mail (electronic) on April 1. We responded to Vice Chairman Carollo's directive with a written report on April 2. Again, we actually received the directive on April 1. We responded with a report to Vice Chairman Carollo, which was also given to each of you, on April 2. We have that documented within the packet. I'd like to submit that for the record. We also did make attempts through email and through phone calls to speak directly with Vice Chairman Carollo, as well as to speak with you all, to answer any questions or concerns as to why we were late with our audit. And so, in fact, we were late, but again, because of the issues with having our budget not loaded until January of this year, without knowing, you know, again, what we would have. And again, I do want to address the concern that we read in Miami Today about us costing the taxpayers upwards of $15 million because we were late with this audit. We have Mr. Rod
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Harvey here, who will represent to you that, you know, our budget, in terms of the overall City budget, was really immaterial to the submission of the City's budget, meaning that our budget is so insignificant that it would not have affected the outcome of the budget being submitted by the City, even if it did not include our budget. Again, our budget last year was of no financial impact to the City of Miami. We did not receive one dime from this City last year during the budget cycle. I know most of you were not here. And so, I really think it was just a misunderstanding of what has taken place. So we did want to clear the record. I hope that all of you have had an opportunity to review the package which we've submitted to you. We've tried to make ourselves available to meet with you. We've been able to do that with several of you. We are available to answer any questions that you have, if things are -- remain unclear for you at this point. But I just thought it was very unfair. You know, we are a board of volunteers. I certainly could have been doing other things to further my business efforts today and over this period. However, we've been trying to clear this up. But we are a board of volunteers, and we are here to help this City to reclaim one -- an asset that, you know, several years ago was lost and was of no benefit to anyone. So we've worked very hard over the past ten years to bring that asset back to life, to make it something that everyone in the City can be proud of. And that effort started, you know, through efforts of the chairman, Mr. Gene Tinnie, along with my grandmother, Athalie Range. And, really, countless hours have been put in, which have not been -- you know, they were not compensated to do, but felt it their civic duty to come out and to be present and to see to it that this asset, which has historical, environmental, and educational value, you know, remains a viable asset for the City and one that everyone can be proud of and participate in. So again, we're available to answer any questions that you may have on our audit or why it was late. We have Mr. Rod Harvey, the principal, here present. There are a string of e-mails going back and forth, which, I think, explain very clearly our position, but we do want to clear the record. I would like some acknowledgment that, you know, what we have done here is not to cost the City taxpayers, you know, $15 million. But you know, that we have done everything that we could do within our power to submit an audit to you as timely as possible and, you know, that everything that we have tried to do as the Trust has -- we've tried to be above board and as transparent as -- as forthcoming, you know, following your mandates, as possible, and I think that our record reflects that we've done that.
Chair Sarnoff: All right. Let me ask just one question of Commissioner Dunn. The $50,000 that's not presently there, I guess that's anticipated revenue. If they don't get that revenue stream -- so for some reason, their projection is wrong -- would that cost the City's taxpayers money?
Mr. Range: No, Mr. Chairman, if you'd allow me. We're not asking the City to contribute anything to us at this point. However much we might like to have a contribution from the City, we are not requesting nor would this imply or implicate the City as far as any financial obligation --
Chair Sarnoff: Let me --
Mr. Range: -- if we don't raise that --
Chair Sarnoff: -- say it a little differently --
Mr. Range: -- anticipated revenue.
Chair Sarnoff: -- Mr. Range.
Mr. Range: Sure.
Chair Sarnoff: You have $166,000 in the bank. I take it that you have some past-due obligations and some future obligations.
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Mr. Range: That's correct.
Chair Sarnoff: But you're not only asking this Commission to approve 166; you're asking us to approve an anticipated revenue of $50,000?
Mr. Range: That's correct. Any adjustment that we make to our budget has to come before this Commission as a budget amendment --
Chair Sarnoff: But here --
Mr. Range: -- and so that's an adjustment in our anticipated revenue. That's correct.
Chair Sarnoff: But you get paid, I take it, with City of Miami checks?
Mr. Range: Yes.
Chair Sarnoff: Somebody does.
Mr. Range: That's correct.
Chair Sarnoff: And my question to you is what if you don't hit your anticipation?
Mr. Range: Okay. Well, similar, I suppose, to what we had to do last year when we were kind of blindsided, you know, with -- the fact that we would not be receiving any funds from the City of Miami -- you know, we had to layoff 15 of 17 staff members. Actually, we laid off everyone immediately. We were able to fortunately rehire two members, but -- I mean, if it comes to a situation -- I mean, that's the situation that we are in at this point. You know, if we don't have the money, then we have to respond accordingly, as we did last year.
Chair Sarnoff: Well, let me ask the Budget director, who's right behind you, and maybe you can answer my question a little differently.
Mirtha Dziedzic (Interim Director, Strategic Planning, Budgeting, and Performance): Mirtha Dziedzic, Budget Department. Yes. If we load the budget, we are giving them the authority to spend it, so we would be on the hook, the City of Miami would be on the hook for that money if that revenue is not generated.
Chair Sarnoff: Is there a way of approving this where only the revenue that's in there could be spent?
Ms. Dziedzic: We would only do the amount that's fund balanced at this time, and we could come back --
Chair Sarnoff: Is there a way I can create flexibility; that they generate income, they can spend the income they generate? Or does it have to be a hard-and-fast number?
Ms. Dziedzic: It would --
Larry Spring (Chief Financial Officer): If you will allow me?
Chair Sarnoff: I always allow it, Larry.
Mr. Spring: Larry Spring, chief financial officer. What can be done, I -- you -- I would suggest that the Board go ahead and approve this amount with the anticipated revenue in it. And what we can do -- you're talking about another 60 days or so -- we can monitor the revenue intake.
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The Manager always has the authority to stop certain expenditures. We would work with the Trust to figure that out, and that's, you know, in essence, how we do with all the departments at the end of the day because we do have -- the City loads anticipated revenues in our budget and we monitor it. And I think you know, $20 million sometimes not in our favor, but sometimes it does work in our favor. So we could do it that -- monitor it that way.
Chair Sarnoff: So if the mover were to say would the -- the City Manager to monitor it to ensure that the anticipated revenue stream is loaded, and in the event it's not --
Mr. Spring: It's actually collected.
Chair Sarnoff: -- to cut them off?
Mr. Spring: Yes.
Chair Sarnoff: Okay.
Mr. Spring: Absolutely.
Chair Sarnoff: Anybody want to make that motion?
Commissioner Dunn: So move.
Commissioner Gort: Second.
Chair Sarnoff: Is there a second? Second by Commissioner Dunn [sic].
Commissioner Suarez: I have a couple questions.
Chair Sarnoff: Commissioner Suarez, you're recognized for the record.
Commissioner Suarez: Thank you, Mr. Chairman. Thank you, Mr. Range, and thank you all, the volunteers to the Trust. We really do appreciate you donating your time to a very worthy cause. And you're probably right that the Vice Chairman is probably the best person in terms of some of the discussion that we have here today. He was the one that brought up some of these issues. I did have a couple of questions, and I did read some of the correspondence that you sent, and I'm not sure that the question that I asked then was answered in the correspondence, so I'll ask you now and hopefully there's clarification. One of the questions was -- You said that the budget wasn't passed until January of this year.
Mr. Range: Our budget, Virginia --
Commissioner Suarez: Correct.
Mr. Range: -- Key Beach Park Trust budget.
Commissioner Suarez: Your 2010 budget, correct?
Mr. Range: Correct.
Commissioner Suarez: Fiscal year 2010?
Mr. Range: That's correct.
Commissioner Suarez: Which begins on September 1 and ends in -- I'm sorry -- on --
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Mr. Range: 2009.
Commissioner Gort: October 1.
Commissioner Suarez: -- October 1 and ends September 30 of 2010. That was --
Mr. Range: That's correct.
Commissioner Suarez: And I think the Vice Chairman made the point that -- and that's why you said that you guys couldn't pay for the audit. In other words, you didn't have funds to pay for the audit. That was what -- the contention that was made by -- I believe it's your executive director.
Mr. Range: And actually, there were a couple of factors that, you know, contributed to where we were. There was a freeze of sorts, if you will, in Procurement, you know, that summer prior to the budget. So in June, July, moving forward, you know, we could not do anything in terms of, you know, moving forward with, you know, engaging Mr. Harvey and so forth. And so there were a number of factors that played into, you know, why we could not engage them until the time that we did.
Commissioner Suarez: Because the point the Vice Chairman made in the last meeting was that the money, the funds to pay for that audit should have come from your prior year's budget. In other words, from your 2009 budget. And you budgeted the year of for the audit for that year, and so therefore, the funds should have been available to do the audit. That's how I understood it. And again, I'm not an expert in auditing and I'm not an expert -- not an accountant, but that's the way I understood it. And so the letter that I received and the explanation that I've been given is, look, our new budget wasn't loaded, our new budget wasn't loaded, our new budget wasn't loaded, and that's why we didn't have the money to pay for the audit. And so, to me, that -- it wasn't -- I didn't feel like I was getting an accurate explanation.
Mr. Range: Sure. I'd like to allow our chairman to address that, and then I think also staff could, you know, speak to, you know, what's common practice and so forth in terms of, you know, how that should work.
Gene Tinnie: If I may, Mr. Chair and Commissioners. Gene Tinnie. I'm chair of the Virginia Key Beach Park Trust, 74 Northwest 51st Street, City of Miami. Yeah, I heard some of that conversation before I could get to City Hall last time, and I think there's just a fundamental misunderstanding that's really not as daunting as it might seem. What -- the funding that pays for the audit came from last year's budget. There is no this year's budget. Our budget for this year is zero. What happened was the last year -- fiscal year ended on September 30. There were rollover funds left, but those funds could not be accessed until they were, as the terminology goes, approved by the Commission to be loaded into the system. In October, the Commission was not able to act on that. There was no action on it in November. There was no action on it in December. Finally, in January -- and there were reasons 'cause -- you know, the final number. We were waiting for the, you know, whole City budget to be cleared up. In January, it was approved. And then, finally, put -- approved in January. Finally got loaded into the system in February. The funds that got loaded in are funds that were allocated in the last year's budget, so there was not -- it wasn't a question of using this year's funds to pay for last year's audit. It was last year's funds simply being made accessible this year. As we know audits by, I guess, definition are -- take place after the fiscal year is over, so --
Commissioner Suarez: Can I just interrupt you and ask you a follow-up --
Mr. Tinnie: Sure.
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Commissioner Suarez: -- question 'cause what you're saying makes a lot of sense to me.
Mr. Tinnie: Okay.
Commissioner Suarez: That wasn't how it was explained to us in the last Commission meeting.
Mr. Tinnie: I know Mr. Forchion tried valiantly.
Commissioner Suarez: But --
Mr. Tinnie: I tried to get here in time to do that.
Commissioner Suarez: -- I have to ask you a follow-up question because --
Mr. Tinnie: Yes.
Commissioner Suarez: -- it triggers another question in my mind, which is it appears to me that what you're saying is that the money for the following -- the prior year's budget wasn't approved until the next year?
Mr. Tinnie: No, no, no, no. The -- it was approved. What happened was -- it's just like the issue that's coming up right now with the -- with this supplemental. The Commission has to go through the action -- in other words, at the end of the fiscal year, we were zeroed out, so everything is at zero. There's no -- so no funds were available until the Commission says yes, you know, your rollover funds can now be, you know, put into the system. So until those funds were in the system, we couldn't access them.
Commissioner Suarez: So what you're saying is, if I understand it correctly, if you're not able to procure the auditor before the end of year, your budget gets zeroed out and you don't have access to money? Is that what you're saying?
Mr. Tinnie: That's -- pretty much, I think that's the way the system works, and I can stand corrected.
Mr. Range: And as an example, you know, while we were going through those iterations between October and January, I had to beg and plead with the Finance Department, with the Budget director to somehow allow -- pay our salaries, even though, you know, we had not been approved, you had not approved our rollover funds. Our staff had no way to be paid, so that would have meant that, you know, no one would have received any money. Our two staff members would not have received any money from October or from -- really from the summer -- from the end of the fiscal year until January 21 or whenever our budget was finally loaded, so you're correct. I mean, at the end of the fiscal year, the City closes out the books. Until we are approved for those whatever funds we had left over, until you say that we can utilize those funds, then we are not -- you know, we're not permitted to use them.
Commissioner Suarez: So let me see if I understand this correctly. So what you're saying is that in January, what we did was we basically reloaded --
Mr. Range: Monies from the year prior.
Commissioner Suarez: -- the prior year's budget --
Mr. Tinnie: Precisely.
Commissioner Suarez: -- so that you could have access to that money?
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Mr. Tinnie: Precisely.
Mr. Range: Exactly, because we had no budget. We had no money you approved for this year.
Commissioner Suarez: And so now what you're asking for now is to load this year's budget?
Mr. Range: To load additional revenues that we have made -- this is a budget amendment. Essentially, we submitted the budget to the City saying that we would anticipate we would raise "X" amount of dollars
Commissioner Suarez: Right.
Mr. Range: We've raised "X" amount over that amount, okay. But because we've raised that extra money, we have to come to you to allow us to use it. We can't just use it on our own --
Commissioner Suarez: So --
Mr. Range: -- even though we generated it. It has no impact to the City. We still, by ordinance, have to come to you to ask your permission.
Commissioner Suarez: That makes sense. I mean, I understand it.
Mr. Tinnie: For it to go into the gap. Okay.
Commissioner Suarez: So what we did in January was not approving this year's budget?
Mr. Range: No. We did not have a budget. Well, it was essentially, but it was approving a zero budget for us, and it was also approving the use of the rollover funds --
Commissioner Suarez: Of the funds from last year.
Mr. Range: -- from the year prior.
Commissioner Suarez: 'Cause I remember, we had a discussion and I acknowledged the fact that you were prudent with your -- I don't know if --
Mr. Tinnie: Right.
Commissioner Suarez: -- you were remember -- you were --
Mr. Tinnie: Right.
Commissioner Suarez: -- prudent with the way you spent money. In any event, so what we're doing now is allowing you to spend money for this year, in essence?
Mr. Range: Correct, money -- extra money that we have generated through events, entrance fees, and so forth, money that we originally did not anticipate that we would generate. So we've actually done better than we've expected in terms of our revenue.
Commissioner Suarez: Okay.
Mr. Tinnie: Right.
Commissioner Suarez: The way you're explaining it to me today makes total sense. The way it
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was explained to me last meeting did not make any sense.
Mr. Range: And I apologize for that.
Commissioner Suarez: Okay.
Mr. Range: Had we have known that the item was going to come up the way it did, we would have been here.
Commissioner Suarez: And I don't know what the Vice Chairman has to say. He -- you know, I don't know. But for my perspective --
Mr. Tinnie: I wish he were here.
Commissioner Suarez: -- the way you're explaining it to me today is not the way that it was explained to us in the last meeting. The way it was explained to us in the last meeting was that, you know, there was monies from last year -- the monies from last year's budget were not put away for the audit. Now the way that you're explaining the actual technical process that at the end of the year, you get zeroed out; you don't have access to that money. You have no money. Then, in essence, if you don't procure the services before then -- let me ask you this. Could you have procured the services before, 'cause maybe that may be his question?
Mr. Tinnie: That -- I was just going to coming to that. Even if we had selected an auditor and had a purchase order, if that purchase order was not acted on by September 30, it's closed. And then we have to just reopen --
Commissioner Suarez: So you would have to pay him in full prior to September 30?
Mr. Tinnie: That would have been what --
Mr. Range: Well, we would have had to engage them prior to.
Mr. Tinnie: Right.
Commissioner Suarez: Right.
Mr. Tinnie: Right.
Commissioner Suarez: Well, maybe that's something for next year, to have as a -- you know, to avoid this problem --
Mr. Tinnie: Right, right.
Commissioner Suarez: -- you know. I mean, I don't know --
Mr. Tinnie: Well --
Commissioner Suarez: -- in terms from an accounting perspective, when it's appropriate to engage the auditor timing-wise for the next year's -- I don't know. I mean, that would be completely out of -- outside of my knowledge. It just -- I'm trying to help you guys and I'm trying to --
Mr. Tinnie: Right.
Commissioner Suarez: -- reason through this because, you know, it doesn't --
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Mr. Tinnie: And, you know, I think what happened too is had we not had a zero budget in this -- like, for example, had funds been, you know, loaded, if the City was able to do that, it probably would have been a nonissue because then, you know, the purchase order would have been cut, the money would have been there. There would have been money in the account. In this particular circumstance, it's just, you know, how it played out. And we really wanted to make very sure that that, you know, was understood because I think, as Mr. Range said, a lot of us feel that too many have sacrificed for too long. I mean, it was really, I think, a very painful wound to read that article in Miami Today and say, well, wait now. You know, this is being put out in public, that we are responsible for -- and you know, I say that not only as the trustee; I say that as one of those taxpaying citizens. Fifteen million, you know. So we really wanted to straighten -- clarify the record on that. And I hope, you know, we have it, you know, clarified.
Mr. Range: And certainly, I just -- for the record, I'd like to, you know, say to, you know, the Vice Chairman that we are available to address any concerns. We have tried to reach out on numerous occasion, you know, to answer any concerns that he has had, again, including timely response to the directive that was issued to us. Our only desire is to be responsive and to be what we were asked to be by you, which was to bring back this asset and make it what it was supposed to be for the City. So, you know, we are available, as we always have been.
Commissioner Suarez: Mr. Range, one last question, I guess. If we approve this item and subject to the Chairman's requirement that the -- or I guess, subject to the Administration's following to make sure that the projections are accurate on the extra $50,000, is this all the money that you're going to need for the remainder of this fiscal year?
Mr. Range: Absolutely not. I mean, this is what we -- this is the, basically, hand that we've been dealt, which is why I say we feel like, you know, we're kind of the ugly duckling of the City. We feel like we have the most beautiful property that's available to the City here and, you know, we receive nothing to put towards it, you know, in terms of operating funds last year from the City. And so, you know, we're making do with the card -- with the hands that we -- the hand that we've been dealt. It's been very difficult for us to go from a million dollars-plus in operating revenue to zero. That was not even presented to us in, you know, budget meetings early on last summer, you know. The thought was that we would take a 15 percent hit as most other departments in the City did. And then, when push came to shove, you know, we received zero, and it is what it is. But you know, just know that that was a very difficult adjustment for us to make. I mean, 15 people, you know, lost their jobs, you know. We heard the discussions here about, you know, wanting to slave -- to save Police jobs and Fire jobs, but you know, all of our staff, you know, lost their jobs last year, except for Mr. Forchion and one other young lady, Ms. Kechi Okpala. So it's just been a very difficult situation for us. And I think that we've done, you know, as well as we could with the hand that we were dealt, and we will continue to move forward and to try to, you know, make this asset, you know, the best in the City.
Commissioner Suarez: And would you agree to work with the Administration to make sure that this problem doesn't happen again, that we're able to procure this -- these services? And I guess, if we have -- I'm not sure if you have to pay for them before the end of the fiscal year or how that works, but -- I mean, just -- because --
Mr. Tinnie: Yeah, I think so. And like I said, I think it was just a, you know, fluke of circumstance this year. And to your question, I will say that part of our budget request that has to do with our anticipated revenue, we have always estimated that rather conservatively and, as Mr. Range attested, we usually come in higher. And I think -- I'm not blowing smoke to tell you that we can reasonably anticipate higher than the 15,000 that's protected -- that's projected. But naturally, we will be working with the Manager's office on this.
Chair Sarnoff: Commissioner Dunn.
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Commissioner Dunn: Thank you, Mr. Chairman. I know time is of -- With that last statement being said then, if -- what if your revenue is higher than the 50,000, would it be -- I'm asking the Administration -- would we be able to stipulate some kind of way that they be given dollar for dollar? Does that make any sense or --?
Chair Sarnoff: I'll tell you, Commissioner. Here's what we don't know.
Commissioner Dunn: Okay.
Chair Sarnoff: We don't know how they're spending their money. I guess we could if we looked at their budget, but -- I mean, you have a hundred -- $216,519 to spend down in 60 days.
Commissioner Dunn: Okay. Yeah. That's going --
Chair Sarnoff: So --
Commissioner Dunn: -- to be tough.
Chair Sarnoff: -- unless you have heavily loaded people, you should have adequate funding to actually procure and do a PO (Purchase Order), if you need to, for next year's auditor. The shame of it is, you know, you don't have that much to audit because you obviously don't have as, you know, much of an expenditure, but you should be looking forward to what happened to you this year. 'Cause I can tell you this, you don't want to fall into anybody's jaws next year --
Mr. Range: Right.
Chair Sarnoff: -- because you said you know what, Commissioner. We waited till October 2 and we just didn't pull the trigger.
Commissioner Dunn: One last --
Mr. Range: Hopefully, that would not happen, Commissioner, because as you know, today you all were discussing options and option periods for your external auditor. And I believe that we have a three-year contract with Mr. Harvey's firm, so you know, we will not have to go back out to bid as we did last year. So, you know, our auditor is in place and --
Chair Sarnoff: All I'm saying is, I think you need to pull your purchase order -- I mean, it's going to be -- look, we -- you didn't -- you weren't where we were today. It's going to be a very hectic budget, and I don't think there's any good news coming anyway --
Commissioner Dunn: No.
Chair Sarnoff: -- so -- Matter of fact, it's the first time I saw him get grumpy, so --
Mr. Range: Believe me, I think we've taken -- you know, we've taken ours upfront.
Chair Sarnoff: I think there's more to come. I hate to tell you.
Mr. Range: Absolutely. And we're anticipating that as best we can. And you know, again, we will be here to do our duty as trustees.
Chair Sarnoff: All right.
Commissioner Dunn: Mr. Chairman, one last point.
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Chair Sarnoff: Go ahead.
Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Chairman --
Commissioner Dunn: I do want to suggest to the Trust that perhaps, in light of some of the new information that's been provided, that you maybe write the Miami Today and ask at least for clarification, because there is a biblical principle that says a good name is to be chosen rather than riches and gold or riches and silver, so you -- in the name that your foreparents, your grandmother and others have fought for certainly deserves, and that's -- I believe that's one of the reasons why we're even entertaining it. But there's another quick issue that I would ask for the -- in the future, that there will be some assistance from our Administration in this because they kind of took the hit and -- by themselves when there could have been some things that might have been -- just based on the information -- and I don't want to make this a long, drawn out, because time is of the essence -- but could have been possibly clarified, if not disputed, so --
Chair Sarnoff: Well, Commissioner, I got to tell you, they've been in my district. We've had candid conversations or I warned them this was coming. Nobody believed me. When I got on this dais, nobody believed me, Commissioner, that the economy was going to change. When the economy changed, nobody believed that was going to affect (UNINTELLIGIBLE) budget. When we came to them with a budget, I said be careful; you could get zero. They said, Commissioner, come on. Nobody believed me. And you know, we had a lot of frank -- we had some issues. Let's be straight with each other.
Mr. Tinnie: Right. No. And -- no, I don't think we disbelieved you. We -- no. We were -- I think we were -- we understood what the, you know, scenario was. Basically, you know, all we could do, in good faith from our side, is to say, well, in a perfect world, here's what, you know, would work, knowing full well the world is not perfect. And believe me, we thoroughly appreciate all of the, you know, support, the understanding that we've had from you, from all of the Commissioners, and you know, look forward to just -- you know, keeping this going. And you know, with that, I'd like to thank, you know, Commissioner Dunn for bringing this as a pocket item and you for your time. And we will, as you suggest -- you know, I wouldn't -- I didn't want to write to Miami Today before we had this clarification today --
Chair Sarnoff: Right.
Mr. Tinnie: -- because it needs to be on the public record. And essentially, you know, just for clarity, you did approve the rollover funds that carried over from last fiscal year. And then the budget amendment is simply to approve the funds that the Trust raised to being loaded into the accounts so that could be accessible.
Chair Sarnoff: All right. So we have a motion and we have a second.
Commissioner Dunn: Yes.
Mr. Martinez: Mr. Chairman.
Chair Sarnoff: Yes, sir.
Mr. Martinez: Diana Gomez would like to add some constructive information on when the next audit needs to be funded and when it can take place.
Commissioner Dunn: Oh, very good.
Chair Sarnoff: Tell you what; maybe we can work that in our motion.
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Mr. Martinez: Yes, sir.
Diana Gomez: Diana Gomez, Finance director. The budget -- or the audit is performed after year-end. If the service -- if the Virginia Key continues to operate through 9/30, the audit cannot start until after that point in time. Therefore, it would have to be done with next year's dollars. It could have been budgeted for in this year and then that budget needs to be rolled over and still appropriated again by the Commission in the subsequent year. That's what didn't happen. They didn't -- it didn't get reappropriated and, therefore, they could not use it. So whether or not they had the money in the first year wasn't so much the issue. It was just not approved for use in the second year.
Chair Sarnoff: Well, you know what?
Ms. Gomez: Since the work is being done in that second year --
Chair Sarnoff: I gotcha. Will the maker accept the modification that they allocate in this year's budget an adequate amount of money to pay for their audit? And that's all I need to say.
Commissioner Dunn: Yes, Mr. Chairman.
Commissioner Gort: And it should be a lot less 'cause it's a lot smaller.
Mr. Spring: If you will entertain me, Mr. Chair.
Chair Sarnoff: Larry, I don't feel very entertaining right now, but go ahead.
Mr. Spring: You can't pay an expense or pay for a service this year that is incurred in the future.
Chair Sarnoff: So what you're saying then is that they always should have had their -- so you're saying their audit always should have been allocated in the '010 --
Mr. Spring: The subsequent year's budget.
Chair Sarnoff: -- the '010/'011 -- well, I guess it would have been the --
Mr. Spring: Subsequent fiscal year's budget.
Chair Sarnoff: -- subsequent. All right.
Mr. Spring: Right.
Chair Sarnoff: So we never should have looked for it in the previous year's budget --
Mr. Spring: Because we can't pay for an audit now -- we can't pay for our audit next year now - - that'll be performed next year now.
Chair Sarnoff: Well, not -- and not to defend anybody on this side, but I could have sworn somebody responded either to Commissioner Suarez or to Commissioner Carollo that it was specified in the previous year's budget. I seem to remember that answer.
Mr. Spring: I think that's the misunderstanding that just got clarified, that the money was there to be allocated and the Commission hadn't appropriated --
Commissioner Gort: Did not approve it until January.
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Chair Sarnoff: Right.
Commissioner Gort: Yeah.
Chair Sarnoff: Okay.
Commissioner Dunn: So their hands were tied?
Ms. Gomez: Yes.
Chair Sarnoff: Correct.
Commissioner Gort: Correct.
Chair Sarnoff: So your motion is your motion. All right, we have a motion and we have a second. All in favor, please say "aye."
The Commission (Collectively): Aye.
Chair Sarnoff: All right.
Commissioner Dunn: Mr. Chairman, just for the record, I -- who does the Clerk have the motioner [sic] being?
Chair Sarnoff: You.
Pamela L. Latimore (Assistant City Clerk): I have it -- Commissioner Dunn made the motion, Commissioner --
Commissioner Dunn: Okay.
Commissioner Gort: Gort second.
Chair Sarnoff: Gort.
Commissioner Suarez: Second it.
Commissioner Dunn: Okay.
Chair Sarnoff: Okay.
Mr. Range: Thank you very much --
Ms. Latimore: Gort.
Mr. Range: -- Mr. Chairman, Commissioners, for allowing us this clarification. You all had a discussion on perception this morning, which was led by Vice Chairman Carollo, and you know, perception goes a long way. And this clarification will help us to do away with that very negative perception that was given.
Chair Sarnoff: Thank you.
Mr. Range: Thank you very much.
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Commissioner Dunn: Thank you.
Chair Sarnoff: Thank you, Patrick.
Chair Sarnoff: All right, Madam City Attorney, you have a -- there's a number of pocket items, so don't anybody go away.
Ms. Latimore: Chairman Sarnoff.
Chair Sarnoff: Yes, ma'am.
Ms. Latimore: Just for a clarity on this record because, Commissioner Dunn, you had a pocket item on the audit issue of Virginia Key from the last meeting. Are you combining --?
Commissioner Dunn: Yes.
Chair Sarnoff: That was his -- that --
Commissioner Dunn: It was a carry --
Ms. Latimore: It's both.
Commissioner Dunn: -- it was a roll --
Ms. Latimore: You took care of both?
Commissioner Dunn: Yes. This is to be addressed now.
Ms. Latimore: Just want to make sure --
Commissioner Dunn: We -- okay.
Ms. Latimore: -- for the record.
NA.8 RESOLUTION 10-00892 Office of the Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING CONGRESS TO FUND THE PORT OF MIAMI DEEP DREDGE PROJECT, WHICH WOULD DEEPEN MIAMI HARBOR TO FIFTY (50) FEET TO ACCOMMODATE THE WORLD'S LARGEST CARGO CONTAINER VESSELS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 10-00892-Legislation.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) Carollo, Gort, Sarnoff, Suarez and Dunn II
R-10-0316
Chair Sarnoff: All right, the Vice Chair is recognized for his pocket item.
Vice Chair Carollo: Thank you, Mr. Chairman. I'll make it quick. A resolution of the Miami City Commission urging Congress to fund the Port of Miami Deep Dredge project, which would
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deepen Miami harbor to 50 feet to accommodate the world's largest cart [sic] container vessels; directing the City Clerk to transmit a copy of this resolution to the officials stated herein. In essence, this is to actually dredge the Port of Miami an additional eight feet. It would allow -- it's my understanding, it would allow each one of these ships to bring approximately 3,000 cargo containers as opposed to a thousand. So I won't speak more about it. Hopefully, I could get the support, so I make a motion for this resolution.
Chair Sarnoff: We have motion --
Commissioner Suarez: Second.
Commissioner Gort: Second.
Chair Sarnoff: -- we have a second by Commissioner Suarez. It's a great idea, by the way. It will allow what's called the Panama to Miami Connection.
Vice Chair Carollo: By the way, I also have to mention that Mayor Regalado has been key with this. He is the vice chairman of this committee, along with Mayor Alvarez in the County that's also pushing for this, so --
Chair Sarnoff: All right. Any further discussion? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
Vice Chair Carollo: Thank you, Commissioners. And by the way, when we were in Washington, we spoke to Senator Bill Nelson, which [sic] said he will be pushing for this, but he needed this, he needed support from everyone here, so thank you.
Chair Sarnoff: Commissioner Suarez, do you have a pocket item?
Commissioner Suarez: No.
Chair Sarnoff: Okay.
NA.9 DISCUSSION ITEM 10-00925 DISCUSSION BY CHAIR SARNOFF REGARDING MOBILE FOOD TRUCKS AND ENFORCEMENT OF THE MIAMI CITY CODE IN RELATION TO MOBILE VENDORS. DISCUSSED
Chair Sarnoff: Mr. Manager, I do have a pocket item, and it's regarding the City's moving of these -- it was in -- actually in the Miami Herald very recently, and it's these trucks that either do ice cream or now have grills and -- what they're doing is they're not following the ordinance. We have a situation -- I have Todo Frio, which is a ice cream place on Douglas, and you know, they pay taxes, they pay insurance, they pay all the overhead you have to pay only to have an ice cream truck park right next to the park right there at the English Center, and that's not what they're supposed to do. They're not supposed to park; they're supposed to only stop when they're asked to be stopped by a person. The other day, we just had a -- in front of City Hall, we had a grill truck stop, and we get a call from Scotty's saying, you know, we love paying you guys rent, but we kind of think we got the exclusive right over here, not this truck that's just parked at City Hall selling, you know, grilled, you know, hamburgers, whatever they're selling. And I think it's something that the City of Miami needs to -- if we're going to support our businesses, we're going to support our businesses. If we're not going to support our businesses -- and I know
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you've been involved in this, Sergio. I know it's a tough call for you. I actually don't think it's your call. I think it's more a police call because you don't have the capacity or the ability to really do anything to these guys.
Sergio Guadix (Chief): I just -- if I may, Mr. Chairman. Sergio Guadix, with Code Enforcement. We did have a meeting last week concerning this, and we have Police Department involved and we were involved. We've been there for the last two weeks everyday. We have a report that I'm going to send to you and I'm going to show you. For the last two weeks over there, it's been no problem, just so that you know. It's an ongoing problem. I just had an interview with Channel 7 about the truck that stayed here for not too long ago, and now they're saying that we should be nice and let them be, you know, everywhere. So I -- it's kind of like, you know, back and forth.
Chair Sarnoff: I got to tell you, there's -- I don't -- look -- I don't know about anybody else up here. There is no yin and yang to this. You have people that pay taxes. You have people who pay insurance. You have people that pay --
Commissioner Gort: Everything.
Chair Sarnoff: -- BTLs, you name it; and then you let somebody sit outside of their property or within their vicinity, violate the law, and it's okay. It's not okay. It's not okay. And it's -- that is why people set up in the City of Miami. It's why people set up in Coral Gables. It's why people will set up in Hialeah. It's because they believe that their cities, their municipalities are going to protect them from poaching.
Mr. Guadix: You're absolutely right. And one of the answers that might help in this particular case of the park is perhaps to do like we've done in other parks, which we allow a vender to actually vend at the park through a permitting process and everything else. And of course, that would curtail everybody else coming there because they have it right at the park. That might be something that would help in this particular situation.
Chair Sarnoff: Any solutions are welcomed. You know we visit this issue every six months. We've been doing it for the past three years. You step up the efforts, they go away. You step down the efforts, they come back.
Mr. Guadix: That's correct. I don't know if -- well, Police is not here right now, but they've been helping us. They've been helping us with this. The Park managers, they have my cell number, they have my assistant's cell number. And at least for the last two weeks, I know that it's been much better over there.
Chair Sarnoff: Okay. Well, I said I would bring it up as a pocket item. If it -- as it rears its head again, I'm going to bring it up again. Please don't let somebody sit out in City Hall. I mean, you get the -- we're going to get the phone -- we got the phone call from Scotty's, like -- I mean, it's not hard to fathom. The guy pays how much rent?
Commissioner Gort: A lot.
Chair Sarnoff: Right.
Commissioner Dunn: A lot.
Chair Sarnoff: And he sees a truck -- people walking to Scotty's going over to the truck saying, oh, I'll just eat here.
Mr. Guadix: No. You're absolutely right. As soon as we saw it -- we got the call, we told him and he was gone.
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Chair Sarnoff: Thank you, Sergio.
Mr. Guadix: You're welcome.
NA.10 RESOLUTION 10-00891 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), SUPPORTING THE NATIONAL INFRASTRUCTURE Marc David Sarnoff INVESTMENT GRANT APPLICATION BY THE FLORIDA DEPARTMENT OF TRANSPORTATION TO BRING FREIGHT RAIL SERVICE TO THE PORT OF MIAMI SUBJECT TO THE CONDITIONS AS STATED HEREIN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIAL STATED HEREIN.
10-00891-Legislation.pdf 10-00891-Exhibit.pdf
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
R-10-0317
Chair Sarnoff: All right, gentlemen I'm told --
Julie O. Bru (City Attorney): Mr. Chair.
Chair Sarnoff: Yes.
Ms. Bru: I have a pocket item, too.
Priscilla A. Thompson (City Clerk): Wait. Excuse me.
Chair Sarnoff: Yes, ma'am.
Ms. Thompson: I have in my hand, Chair, a --
Chair Sarnoff: You're recognized.
Ms. Thompson: -- District 2 pocket item, the National Infrastructure Investment grant for you.
Chair Sarnoff: Oh.
Ms. Bru: The FEC (Florida East Coast) corridor.
Chair Sarnoff: Yeah. I'm sorry. What a meeting, huh? There is a pocket item asking us to support the FEC corridor. Florida Department of Transportation is studying doing not only freight service down the FEC, which you all know is down Biscayne Boulevard, but equally to study doing a commuter component. The DDA (Downtown Development Authority) passed a resolution pretty much identical to this. They're going for a TIGER (Transportation Investment Generating Economic Recovery) grant. That's -- the amount of money they could get could actually be almost enough to do the entire feature. It's just a resolution recommending that they
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be allowed to study it and do it. That's my pocket item.
Commissioner Gort: Move it.
Chair Sarnoff: Motion by Commissioner Gort, second by the -- Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
Chair Sarnoff: Okay.
NA.11 RESOLUTION 10-00873 City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS IN LAW OR IN EQUITY NECESSARY OR PERMITTED TO REGAIN POSSESSION OF ALL CITY OF MIAMI FILES HELD BY IRON MOUNTAIN INFORMATION MANAGEMENT, INC. 10-00873-Legislation.pdf 10-00873-Submittal-Memo-City Attorney.pdf
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo
R-10-0318
Chair Sarnoff: You have a pocket item?
Julie O. Bru (City Attorney): Yeah. Mr. Chair, as you know, the City has been in a dispute with the company that does our storage of our files and our records, and the Charter requires that I seek authorization if I need to bring a lawsuit. And at this point, we've attempted to resolve it, and I have to file action. So I'm seeking authorization to file an action, whatever, in law or in equity to get our records back and to resolve this dispute with Iron Mountain.
Chair Sarnoff: That would be handled by you, though, right, by your office?
Ms. Bru: Yes.
Commissioner Gort: Move it.
Chair Sarnoff: Okay.
Ms. Bru: I just --
Chair Sarnoff: We have a motion by Commissioner Gort.
Ms. Bru: -- have to have authority to file a lawsuit.
Chair Sarnoff: I didn't know that.
Ms. Bru: Yeah. We can --
Chair Sarnoff: I didn't know that you needed us to do -- all right. City of Miami Page 201 Printed on 8/27/2010 City Commission Meeting Minutes July 22, 2010
Ms. Bru: Yeah.
Chair Sarnoff: Motion by Commissioner Gort, second by Commissioner Suarez. Any further discussion? All in favor, please say "aye."
The Commission (Collectively): Aye.
NA.12 DISCUSSION ITEM 10-00902 COMMISSIONER DUNN THANKED ASHLEY MINCEY, A DISTRICT 5 STUDENT INTERN, FOR HER HARD WORK AND ACKNOWLEDGED HER ADVANCED PROFICIENCY IN THE FRENCH LANGUAGE. DISCUSSED
Chair Sarnoff: All right, PZ.8.
Commissioner Dunn: Mr. Chairman.
Chair Sarnoff: Yes.
Commissioner Dunn: If I may. I know time is of the essence.
Chair Sarnoff: Go ahead.
Commissioner Dunn: Thank you. Just for about ten seconds, I just wanted to acknowledge one of my summer interns. This will probably be her last meeting. She actually was here to assist me the whole meeting. Her name is Ashley Mincey. She's a graduate of Ransom Everglades, also a student -- will be a third-year student at Davidson College, and she spent the whole year in France. And I just want her to say thank you and goodbye in French to us.
Ashley Mincey: (INAUDIBLE).
Chair Sarnoff: Very nice.
Commissioner Gort: Very good.
Chair Sarnoff: Very nice.
Commissioner Dunn: Thank you.
Applause.
Commissioner Dunn: She has to leave. Thank you.
Commissioner Gort: Good luck.
Chair Sarnoff: Commissioner Dunn, that was the first time we smiled all day.
Commissioner Dunn: Well, I believe in the empowerment of young people. And I -- you know, she's --
Commissioner Gort: Don't we all.
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Chair Sarnoff: That was the best part of the day. Thank you.
Commissioner Dunn: I agree. Thank you. I agree. Thank you for that allowance, Mr. Chairman.
Chair Sarnoff: Oh, any time. And if you have any more of those, please bring them up.
Commissioner Dunn: We could use them, can't we?
Chair Sarnoff: I think today we could.
NA.13 RESOLUTION 10-00901 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Attorney ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR PERMITTED TO PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI ("CITY") INCLUDING BUT NOT LIMITED TO ANY ACTION AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN ANY RELIEF OR TO REMEDY ANY LOSSES OR DAMAGES SUSTAINED BY THE CITY RELATED TO THE CIVIL SERVICE BOARD'S ("CSB'S") FAILURE TO HOLD/GRANT A HEARING IN THE MATTER OF RICHARD BRIOSO (CSB CASE NO. 10-19G).
Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Dunn II Absent: 2 - Commissioner(s) Carollo and Gort
R-10-0343
Direction by Chair Sarnoff to the City Attorney for a two-page report on the decision by the Civil Service Board's counsel to advise the Board that it did not have to hear whistleblower complaints.
Chair Sarnoff: Madam City Attorney, you have a pocket item.
Julie O. Bru (City Attorney): Mr. Chairman, I would like authorization from this Commission to take any and all actions necessary or permitted to protect, preserve, or defend the interest of the City of Miami, including but not limited to any action authorized by law or in equity to obtain any relief or remedy related to the Civil Service Board's failure to hold or grant a hearing in the matter of Richard Brioso. This is civil service case number 10-19G. We may need to go to court to seek a writ of mandamus. This is a matter that came before the Civil Service Board with respect to a whistle-blower claim, and the board refused to hold a hearing. We believe that the board is required to grant whistle-blower hearings in order to have the exhaustion of administrative remedies. They refused to do so. And we believe that it would be appropriate if you authorized me to seek a writ of mandamus.
Chair Sarnoff: Do you have a -- don't you have a City attorney that handles that board?
Ms. Bru: Yes, we do.
Chair Sarnoff: And did your City attorney give advice to that board?
Ms. Bru: Yes, it did. But remember, the board has also counsel that advises them. We
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prosecute cases before the Civil Service Board; therefore, we cannot advise them.
Commissioner Gort: They're independent.
Ms. Bru: I guess their counsel advised them.
Chair Sarnoff: That they didn't have to?
Ms. Bru: I guess so. So -- and I -- we believe that, legally, they have to.
Chair Sarnoff: All right. And this is -- hate to say this, but this is -- and I know mistakes get made in law, but this is going to cost you time and money --
Ms. Bru: Yes.
Chair Sarnoff: -- to file a writ of mandamus. And is it, in your opinion, clear that whistle-blower complaints get heard by civil service?
Ms. Bru: There's case law on that.
Chair Sarnoff: And this attorney chose to not follow the case law?
Ms. Bru: Yeah. You know, quite honestly, I need to look at -- precisely at the record to see what occurred at the hearing.
Chair Sarnoff: Would you do so because you're about to cost the taxpayers money? And I have no choice but to probably promote what you're doing. And then I want to know the name of the attorney that either refused to look at the case law, was ignorant of the case law, or gave advice that he didn't review case law on. 'Cause I got to tell you, somewhere along the line, the City of Miami paid that lawyer, right?
Ms. Bru: Yes, we do. We pay the lawyer.
Chair Sarnoff: So to me, we should -- as part of our cleanup of our fiscal responsibility, I think you should give us a small two-page memo report on what was known, how it was known; and if this person's contract's coming up, why we should continue using them.
Ms. Bru: I will provide you with such report.
Chair Sarnoff: All right. So is there a motion for --
Commissioner Dunn: So move.
Chair Sarnoff: There's a motion by Commissioner Dunn, second by --
Commissioner Suarez: Second.
Chair Sarnoff: -- Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
NA.14 DISCUSSION ITEM 10-00903 BRIEF UPDATE BY THE STRATEGIC PLANNING, BUDGETING, AND
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PERFORMANCE DEPARTMENT ON THE CITY OF MIAMI'S FINANCES. 1000903-Submittal-City of Miami Monthly Financial Statement.pdf
DISCUSSED
Chair Sarnoff: All right. That -- you had an issue you wanted to bring up, Mr. Manager.
Johnny Martinez (Assistant City Manager/Chief of Infrastructure): The Administration would like to give a quick update on our financial numbers as of June. It'll be five minutes.
Mirtha Dziedzic (Interim Director, Strategic Planning, Budgeting and Performance): Two minutes, two minutes.
Chair Sarnoff: Two minutes. Put two minutes up there.
Ms. Dziedzic: Mirtha Dziedzic, Budget Department. We have the latest projections as of June 30. Basically, the bottom line has improved by approximately $600,000. We still have a deficit of over $20 million. This is in line with where we were last month. The only change this month, and something that we need to bring to your attention, is that the Department of GSA (General Services Administration) has officially run out of funds for the purchase of fuel and their parts and repairs and maintenance. They're going to need approximately a million to a million three additional for this fiscal year. We will be preparing an amendment, coming in September, but in the meantime, we would like to allow them to use the nondepartmental accounts to purchase the fuel for the month of August until we can formally bring you an amendment.
Chair Sarnoff: NDA (Nondepartmental Account) has how much in it now?
Ms. Dziedzic: Well, NDA is a funny account because it has a lot of credits. It houses attrition, which is about $5 million negative. So we have approximately -- around $3 million left in NDA of contingency reserve. That money will be credited back to NDA as soon as we appropriate the funds in GSA.
Chair Sarnoff: Does that make us then $20.5 million --?
Ms. Dziedzic: No, no, no. The projection already reflects the negative in GSA.
Chair Sarnoff: And is it just that -- is it that the freeze has just killed them, that the -- I mean, how did this happen?
Ms. Dziedzic: Well, in the case of fuel, their consumption year-to-date is about 6 percent under what it was last year --
Chair Sarnoff: Okay.
Ms. Dziedzic: -- but prices have gone up 20 percent from last year.
Chair Sarnoff: All right. Anybody notice that? I didn't notice that. I mean, I hate to say it, I don't mean to be ignorant, but I mean, fuel's been $3 a gallon. It's been $3 a gallon.
Commissioner Suarez: Less.
Chair Sarnoff: Less, if you probably hunt and peck, yeah.
Ms. Dziedzic: Apparently, in our contract the fuel prices have gone up consistently.
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Chair Sarnoff: We buy our fuel from the County, right?
Ms. Dziedzic: Jose.
Chair Sarnoff: Or just the --
Jose Camero (Director): Jose Camero, GSA.
Chair Sarnoff: -- safety vehicles are from the County?
Mr. Camero: No, we don't buy fuel. The police buys the fuel from the County.
Chair Sarnoff: Okay.
Mr. Camero: We provides [sic] the fuel to marinas and solid waste trucks and everybody else.
Chair Sarnoff: And that's just purchased on the open market or with a contract?
Mr. Camero: There's a contract. There's two companies that provide. One provides diesel and the other one provides gasoline.
Commissioner Suarez: How much are we paying per gallon? I made a public records request to this effect and I got an answer on it.
Mr. Camero: On average, 255.
Commissioner Suarez: That's what I thought. And I'm not a big stickler for five-day rules or knowing things a certain amount of time in advance or whatever, but why is this coming as a pocket item at the end of a 11-hour day?
Mr. Camero: It's a discussion item only. It's just --
Commissioner Suarez: Oh. This is --
Mr. Camero: -- an update.
Commissioner Suarez: But you're not asking us to do anything today?
Mr. Camero: Nothing. It's --
Commissioner Suarez: Right now?
Mr. Camero: -- just information.
Ms. Dziedzic: Informational purposes.
Commissioner Suarez: Okay.
Mr. Camero: Okay.
Commissioner Suarez: Okay, thank you.
Chair Sarnoff: All right.
Mr. Camero: All right.
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Chair Sarnoff: Thank you.
NA.15 RESOLUTION 10-00900 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING AN Commissioner EXTENSION OF THE DURATION OF A SINGLE EVENT BY CLASS I Marc David Sarnoff SPECIAL PERMIT (BEYOND THE TWO (2) WEEKS ALLOWED PER EVENT), FOR THE PLACEMENT OF A SERIES OF PEACOCK SCULPTURES KNOWN AS THE PEACOCK TOUR IN COCONUT GROVE, PURSUANT TO RESOLUTION NO. 10-0109, ADOPTED MARCH 11, 2010, FROM AUGUST, 2010 TO FEBRUARY, 2011; WITH SAID CLASS I SPECIAL PERMIT SUBJECT TO REVIEW AND APPROVAL BY THE ZONING ADMINISTRATOR AS SET FORTH IN ARTICLES 13 AND 14 OF THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO WAIVE ALL CLASS I SPECIAL PERMIT FEES FOR SUCH EVENT.
SPONSOR: CHAIRMAN SARNOFF
Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Dunn II Absent: 2 - Commissioner(s) Carollo and Gort
R-10-0344
Chair Sarnoff: Anyone else? Any other pocket items? All right, just stay 'cause I have -- everybody else done on the Administration side? I have a pretty quick pocket item. Madam City Attorney, there was apparently an allowance for the Peacocks in the Grove to be allowed to go out through this year August. I'd like to see if I could extend that through February of 2011. There is no cost to the City. As a matter of fact, their insurance, which includes the City of Miami, is current through April 15, 2011. I have a copy of the insurance policy. Can I get a motion to (UNINTELLIGIBLE)?
Commissioner Dunn: So moved.
Commissioner Suarez: Second.
Chair Sarnoff: All right, we have a motion by Commissioner Dunn, a second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye."
The Commission (Collectively): Aye.
Pamela L. Latimore (Assistant City Clerk): Chair, is this a resolution?
Chair Sarnoff: Yeah, it's a reso. I like that. It's a reso.
NA.16 DISCUSSION ITEM 10-00904 DISCUSSION BY COMMISSIONER SARNOFF REGARDING A WAIVER
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NOTIFICATION LETTER RECEIVED FROM THE CITY OF MIAMI'S OFFICE OF ZONING. 10-00904-Submittal-Waiver Notification Letter.pdf
DISCUSSED
Chair Sarnoff: Last thing I just want to say, Mr. Manager/City Attorney, we now have our first waiver notification letter, which I used to call Class IIs. I'm going to hand you something. And if you can tell me what it is I'm on notice of, please let me know. Just tell me what's going on.
Commissioner Gort: Oh, yeah, I don't get this.
Chair Sarnoff: You don't get those?
Commissioner Gort: I don't get them.
Commissioner Dunn: Yeah.
Chair Sarnoff: Well -- you --
Commissioner Gort: It's sent --
Chair Sarnoff: -- got to sign up --
Commissioner Gort: -- to Angel --
Chair Sarnoff: -- and it's $15 a month. No. I'm just kidding.
Commissioner Gort: -- González.
Chair Sarnoff: Is it still sent to Angel? I don't even know what you're putting me on notice of.
Lourdes Slazyk (Zoning Administrator): This is for new construction. And we used to get complaints that the new construction did not tell you exactly what was being built, how many square feet, of what, you know, uses, so we're having the applicants be very detailed in the description, but it's under the New Construction category.
Chair Sarnoff: Okay. So you are -- so we're now seeing a mixed-use --
Ms. Slazyk: Yes.
Chair Sarnoff: -- one retail -- all right. I was just curious 'cause I didn't -- I read it and I couldn't tell what it was, but you know what, the way--
Ms. Slazyk: Yeah. It's under the new construction. And then all other applications, if they were seeking the waiver for something else that wasn't new construction, you'd see it under the next box.
Chair Sarnoff: So all it is is a notice of new construction, no waivers, no nothing? 'Cause why get a waiver notification appeal? You want to waive my notice of new construction?
Ms. Slazyk: No. You know what, what I admit is missing from here is --
Chair Sarnoff: I bet -- I think I know.
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Ms. Slazyk: -- exactly what the waivers -- the waivers are for --
Chair Sarnoff: Correct.
Ms. Slazyk: -- 10 percent deviations on something.
Chair Sarnoff: Correct.
Ms. Slazyk: Which 10 percent item is being deviated is --
Chair Sarnoff: Right.
Ms. Slazyk: -- missing from here.
Chair Sarnoff: Right. Don't you think the people would like to know that?
Ms. Slazyk: To know what's being -- yes, I agree. I agree.
Chair Sarnoff: So we went through this three times before for Class IIs. Are we going to go through this, the Lourdes, how many more times for Miami 21?
Ms. Slazyk: No. I'll make sure that the -- what actually is being waived is very clear. But for the new construction, the criticism used to be that we weren't sure what they were building. We need to know how many square feet, of what kind of use, on which side of the building was the construction going on, so we're -- I think we're doing a lot better in making sure we capture exactly what's going to be built.
Chair Sarnoff: Well, I think this is -- I don't know why I -- 'cause somebody told me this is Coconut Grove and we have -- I have more e-mails (electronic) than I know what to do with on this issue, so people that are watching. I don't know. Everybody had a lot of confidence in Miami 21 in hoping that new procedures would go in place.
Ms. Slazyk: If I remember this one correctly, I think it was -- there was a setback -- (UNINTELLIGIBLE) inches because of how --
Chair Sarnoff: Okay.
Ms. Slazyk: -- I mean, it -- anything that's a waiver is very small. They're 10 percent deviations. They're not variances. They're not --
Chair Sarnoff: You know how the Grove is though, don't you?
Ms. Slazyk: I know. And just so you know, waivers are -- they still have to comply with height, with density, with intensity. So it's a T5, it's a five-story building. That's what the Grove's always been, so --
Chair Sarnoff: Okay.
Ms. Slazyk: -- and the plans are available in our office if anyone wants to see them.
Chair Sarnoff: Nobody wants to go see your plans. They want to be told what it is they're asking to be waived.
NA.17 DISCUSSION ITEM 10-00905
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COMMISSIONER SARNOFF ISSUED A PUBLIC APOLOGY TO FRED JOSEPH FOR COMMENTS MADE DURING THE JULY 22, 2010 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY MEETING. DISCUSSED
Chair Sarnoff: All right, do we have a motion to adjourn?
Commissioner Gort: Move it.
Commissioner Dunn: Second.
Chair Sarnoff: All right. All in favor, please say "aye."
The Commission (Collectively): Aye.
Chair Sarnoff: Thank you, gentlemen. Great meeting. Oh, I'm sorry. Wait a minute. Can everybody just stay for a second. I apologize. I want to issue a public apology to Mr. Fred Joseph. Last -- at the last CRA (Community Redevelopment Agency) meeting, after we had our special meeting and our regular meeting, I was very critical of Mr. Joseph, and I don't think he deserved any of my criticism. He -- all he did was question our desire or our motion to remove Mr. Villacorta, and I think he had every right to do so. I was in a -- I was tired and I was frustrated with a long day and I took it out on Mr. Joseph. I had no business doing so. And Mr. Joseph, I called you immediately after the meeting and I apologize, and I told you I would issue you a public apology. There is no excuse for a City Commissioner, there's no excuse for a Chairman to become tired, irate, and dish out undeserved criticism, and that was my fault and I apologize to you.
Fred Joseph: I appreciate the apology, as I expressed to you that Saturday morning when you called me at home. I would be happy to come here. I did not expect to wait 11 hours. But as it may be, as a priest and brothers of the Jesuits and the -- St. John Bosco said, the only thing you can ever expect from a person, who, when they make a mistake, is an apology. As I said to you on the phone, as long as you do it on the dais, I'd appreciate it. I will accept your apology.
Chair Sarnoff: Well, I agree with you. You do not criticize in public and apologize in private. And you did not deserve any of my fatigue or any of my irritation. You said nothing inappropriate. And I came a little bit defensively to the aid of Commissioner Dunn and probably, it was more from fatigue than it was from anything else.
Mr. Joseph: And I did appreciate Commissioner Dunn allowing me to rebut when you used my name. I made a comment. I did have -- and I'll be honest with you -- 100 phone calls from people, unbelievable, that said they didn't understand where it was all coming from, except that you might have been tired because of the firefighter issues, but I said, I -- the day I received the phone call, I explained to everyone after that, listen for today. I did not anticipate 11 hours later, but --
Chair Sarnoff: Okay.
Mr. Joseph: -- and I did bring my wife with me to wonder why I was irritable from Thursday till Saturday morning when you called.
Chair Sarnoff: Well, he didn't deserve any of what he got from me, and it was a matter of being fatigue. I won't give Fire credit for fatiguing me, but I was tired. Be honest with you, I'm pretty tired today. I thought it was a very tough day today. You didn't -- you guys didn't see us in
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executive session, but I thought today was a very tough day as well. Commissioner Dunn.
Commissioner Dunn: I just want to say to both of you publicly and to your wife, Mr. Joseph, and to you, Mr. Chair, Mr. Joseph, I believe the true test of a person's integrity is not that they would not make a mistake. To err is human. I mean, given the kind of circumstances that we were under, were extraordinary, but it takes a special person to acknowledge, as you've stated, that they erred. And so, for both of you to respond the way that you have responded today publicly, if we can get that kind of cooperation as we get ready to dive and delve into some very difficult days ahead, I know the City of Miami will be in good hands. But I do appreciate both of you demonstrating highest quality of principles and integrity because it takes a big man to apologize publicly and it takes a bigger man to accept it.
Mr. Joseph: And reverend -- I'll express it under reverend -- as soon as he called me and I believe I expressed to him I would be glad to. Correct?
Chair Sarnoff: Absolutely. I mean, you were a gentleman about it. And I said, you know --
Mr. Joseph: I didn't have to think about it.
Chair Sarnoff: You're supposed to praise --
Mr. Joseph: I know it's hard to do this.
Chair Sarnoff: -- in public and criticize in private, is what you're supposed to do, and I will remember that.
Commissioner Dunn: Not all the time. You should have been in my church meeting last night.
Carlos A. Migoya (City Manager): Commissioner.
Commissioner Gort: Let me tell you, we got to thank that we in the good old United States of America. And you've learned a lot today. You were able --
Mr. Joseph: Yes.
Commissioner Gort: -- to see the whole meeting, so that's --
Unidentified Speaker: Absolutely.
Mr. Joseph: Oh, yeah.
Commissioner Dunn: And --
Commissioner Gort: Get some experience.
Commissioner Dunn: -- add, what, five -- almost five hours to this and that's where we were last week --
Chair Sarnoff: Yeah.
Commissioner Dunn: -- in addition to what took place prior to the meeting, which we will not discuss now.
Mr. Joseph: Thank you.
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Chair Sarnoff: Thank you. Thank you.
Commissioner Suarez: Thank you. Motion to adjourn?
Chair Sarnoff: I think we did it. We did.
Commissioner Dunn: Yeah, we --
Ms. Latimore: You did, but --
Chair Sarnoff: Yeah, we did.
Ms. Latimore: -- you went back in, so --
ADJOURNMENT
A motion was made by Commissioner Gort, seconded by Commissioner Dunn, and was passed unanimously, with Commissioner Carollo absent, to adjourn the July 29, 2010 Miami City Commission meeting.
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