City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 28, 2010 9:00 AM PLANNING AND 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 Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes January 28, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA SS - SPECIALLY SCHEDULED ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 2/23/2010 City Commission Meeting Minutes January 28, 2010 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 28th day of January 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 session. The meeting was called to order by Chair Sarnoff at 9:36 a.m., recessed at 12:15 p.m., reconvened at 12:37 p.m., recessed at 2:14 p.m., reconvened at 3:47 p.m., recessed at 5:58 p.m., reconvened at 6:23 p.m., and adjourned at 9:42 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Chair Sarnoff: I want to welcome everybody to the January 28, 2010 meeting of the City of Miami Commission in these historic chambers. Members of the City Commission -- and I have the illustrious honor of now saying we have a full Commission -- are Commissioner Frank Carollo, Vice Chair, Commissioner Francis Suarez, Wifredo Gort, Reverend Richard P. Dunn, and myself, Marc Sarnoff, Chairman. Also on the dais are Pete Hernandez, the City Manager, Julie O. Bru, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Suarez, and it will be followed by the pledge of allegiance led by Commissioner Gort. Please all rise. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS Chair Sarnoff: It's my understanding, Madam Clerk, there are no presentations or proclamations. Is that correct? Priscilla A. Thompson (City Clerk): That is correct. Chair Sarnoff: All right. MAYORAL VETOES NO MAYORAL VETOES Chair Sarnoff: At this time, are there any Commissioners who wish to either -- or the --? Priscilla A. Thompson (City Clerk): Excuse me, Chair, if I might. Your Mayoral vetoes. Chair Sarnoff: Are there any Mayoral vetoes? Ms. Thompson: No, there are not. Chair Sarnoff: Thank you. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II City of Miami Page 3 Printed on 2/23/2010 City Commission Meeting Minutes January 28, 2010 END OF APPROVING MINUTES Order of the Day A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to defer to the Commission meeting currently scheduled for March 11, 2010 discussion concerning the approval of the compensation and emoluments to be received by City of Miami Attorney Julie O. Bru, Esquire and City of Miami City Clerk Priscilla A. Thompson. Note for the Record: For further discussion referencing items SS.2 and SS.3, please refer to said items. Chair Sarnoff: Why don't we give the City Attorney -- if you open the meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair. Welcome, Reverend Dunn, Commissioner Gort, rest of the members of the Commission, Madam City Clerk, Mr. Manager, members of the public. Just a few rules of conduct. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. You should note that we have recently adopted an ordinance that requires lobbyist to take an -- a training before they can even register, so please take note of that. The materials for each item on the agenda is available during business hours at the City Clerk's office and online at wwwmiamigov.com [sic]. If anyone wishes to appeal any decision made by the City Commission for any matter considered at this meeting, you may need a verbatim record of the item. Please, no cell phones or other noise-making devices. Silence those now. Any person making offensive remarks, who becomes unruly in the Commission chambers will be barred from further attending the meetings. And any person with a disability who requires auxiliary aids and services for this meeting, please notify the City Clerk. Thank you. Chair Sarnoff: All right. "[Later...]" Chair Sarnoff: Let me ask the Administration does it have any issues that it wishes to defer, continue, remove from this agenda? Pedro G. Hernandez (City Manager): Mr. Chair, Commissioners, good morning. There are a few items that I would like to ask for your deferral at this time in order to allow people maybe here for those items to know the action. One of them -- the first one is PH.1, which is the FOCAL (Foundation of Community Assistance and Leadership) agreement. My understanding in conversations with District 5 is that they would like to defer that item to allow them more time to properly review that budget. That's PH.1. Also -- Priscilla A. Thompson (City Clerk): Do we have --? I'm sorry. Do we have a date? Mr. Hernandez: It would be to February 11. Ms. Thompson: Thank you. Commissioner Gort: Be -- it continues? Vice Chair Carollo: Yeah. Ms. Thompson: Yes. City of Miami Page 4 Printed on 2/23/2010 City Commission Meeting Minutes January 28, 2010 Mr. Hernandez: Yes. Vice Chair Carollo: Could it be --? It is a continuance. Is two weeks enough time? Mr. Commissioner? Commissioner Dunn: Yes, it is. Chair Sarnoff: That's PH.1. What was the other one? Mr. Hernandez: The other one would be SR.1, which is the item dealing with the second reading of increase of fees of -- I know that our CFO (Chief Financial Officer), Larry Spring, has met with Commissioner Carollo, and he's working on developing comparables on 18 items. He's halfway through that. I'd rather have him complete that effort and then bring it before the City Commission. I know that this is very significant to our budget, but at this point, another two weeks -- I think another two weeks is probably worth it to be sure that we properly vet the item and present it properly to you. Chair Sarnoff: All right. Mr. Hernandez: And that would be to the 11th, to February 11. Chair Sarnoff: Any others? Mr. Hernandez: And in -- there is one in Planning and Zoning that I think it merits bringing up at this time because it's also in District 5. It's PZ.10 and 11, which is the King Orchard development. It's an affordable housing development adjacent to African Square Park. And the Commissioner of District 5 would like to have more time to properly review the item. Chair Sarnoff: All right. So PZ.10 and 11. Mr. Hernandez: So that would be deferred, meaning it will go to the second meeting in February. And those are the three items that I have. There may be other Planning and Zoning items -- Oh, there is one that I should mention at this time, which is PZ.26, because that's the one that deals with a Miami-Dade School Board appeal. And my understanding is that they would like to defer that appeal. They're trying to work out another solution, which will not require them to appeal the HEP (Historic and Environmental Preservation) Board decision. And I know that there is a representative of the School Board here today, and I wanted to take this item at this point. Ms. Thompson: I'm sorry. We're not hearing you. Can you bring the --? Anna Craft: Attorney Anna Craft, and I represent the School Board. We're requesting a continuance on this issue to find alternative solutions, and we are requesting the continuance 'till next month -- next month's meeting. Chair Sarnoff: All right. So PZ.26. Mr. Hernandez: Yes. Chair Sarnoff: What else, Mr. Commissioner [sic] --? Mr. Hernandez: That's it at this time -- Ms. Thompson: And the -- City of Miami Page 5 Printed on 2/23/2010 City Commission Meeting Minutes January 28, 2010 Mr. Hernandez: -- Mr. Chairman. Ms. Thompson: -- date, please, on PZ.26 would be? Mr. Hernandez: Would be indefinite. Ms. Thompson: Thank you. Commissioner Suarez: Mr. Chairman? Chair Sarnoff: Yes, sir. Commissioner Suarez: I have one item. I'm not sure if it's appropriate to bring up now or when the item comes up, but you had instructed me in the last meeting to prepare a presentation on the salary structure of the City Attorney. In lieu of the fact that -- or in light of the fact that we had the special meeting on Tuesday and that required a tremendous amount of effort to be ready for, I could theoretically present, if you felt it was absolutely necessary.