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HomeMy WebLinkAboutCC 2010-04-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * IMCORP GROTED lEmSIE Co• l Meeting Minutes Thursday, April 22, 2010 9:00 AM SUPPLEMENTAL 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 April 22, 2010 Present: Vice Chairman Carollo, Commissioner Gort, Chairman Sarnoff, Commissioner Suarez and Commissioner Dunn II On the 22nd day ofApril 2010, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Marc David Sarnoff at 9:34 a.m, recessed at 12: 27 p.m., reconvened at 2: 34 p.m., recessed at 4: 39 p.m., reconvened at 5: 06 p.m., and adjourned at 7: 07 p.m. Note for the Record: Vice Chair Carollo was absent during discussion of the supplemental agenda. ALSO PRESENT: Julie O. Bru, City Attorney Carlos Migoya, City Manager Pamela L. Latimore, Assistant City Clerk ORDINANCE -FIRST READING SP.1 10-00519 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ADD THE LANDSCAPE ORDINANCE, THE HEAT ISLAND EFFECT (ROOF AND NON -ROOF) ORDINANCES, THE BICYCLE PARKING ORDINANCE, AND THE OPEN AIR GREEN MARKETS ORDINANCE, ADOPTED ON OCTOBER 22, 2009, AND JANUARY 28, 2010, TO THE MIAMI 21 CODE, AS ARTICLE 9; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00519 Legislation.pdf 10-00519 Summary Form.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff All right, do we need anything to get into the supplemental agenda? Ana Gelabert-Sanchez (Director, Planning Department): SP. 1 was also related somewhat to Miami 21. Chair Sarnoff No. I just want to make sure I don't have to open any kind of special -- no? Okay. All right, SP.1. Ms. Gelabert-Sanchez: SP. 1 is -- the Commission had approved the landscape ordinance, the heat island effect ordinance, the bicycle parking ordinance, the open air green markets ordinance, and what this ordinance would do is to allow us to incorporate it into Miami 21. The landscape ordinance would be in Article 9. The rest, the heat, the bicycle, and the open air, it will be throughout the code in the appropriate places, but basically what it is is just absorb this ordinance that you already had approved into our code. Chair Sarnoff Oh, I read this, that you had to ride a bicycle on heat islands. Just kidding. Anyone from the public wishing to be heard on SP.1. Hearing none, seeing none, coming back City ofMiami Page 2 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 to the Commission. Is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Maria J. Chiaro (Deputy City Attorney): Mr. Chairman? Chair Sarnoff Yes. Ms. Chiaro: Oh, go ahead. The Clerk needs to announce whether it passed. Ms. Latimore: The ordinance passed on first reading, 3-0. Ms. Chiaro: Mr. Chairman, this item, SP.1, as well as items 24, 26, 27 and 30 will come back for second reading on May 13 in order for them to be effective simultaneously with the rest of the Miami 21 Code. Chair Sarnoff Okay. END OF FIRST READING ORDINANCE City ofMiami Page 3 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 DISTRICT 1 COMMISSIONER WILFREDO (WILLY) GORT SP.2 10-00520 DISCUSSION ITEM DISCUSSION REGARDING HOW WE COULD ASSIST CITY OF MIAMI SMALL FIRMS IN OBTAINING CITY CONTRACTS. 10-00520 Email.pdf DISCUSSED Chair Sarnoff All right, I think Commissioner Gort has a discussion item on SP.2. Commissioner Gort: SP.2, mainly I've been having meetings with individuals that want to do construction within the City ofMiami and they're going to receive funding from the City of Miami. Unfortunately, when we ask them to comply and get a small minority firms or small businesses to participate, they don't have a list, and we don't have a regulation. So I've asked the Assistant Manager Martinez since he had some experience, and I'd like to instruct him to come up with the plan or -- so we can go ahead and utilize that -- something very similar to what the County has and other cities has [sic], what gives the ability to those small businesses to participate, and there are other places where they have set aside for these individual businesses. Chair Sarnoff You want to be recognized, Mr. Martinez? Johnny Martinez (Assistant City Manager/Chief oflnfrastructure): Well, I just got the gist of what he was saying. You know, I do have experience with the CSBE (Community Small Business Enterprise) program, the CBE (Community Business Enterprise) program. A lot of the work has already been done by Miami -Dade County. They're very successful. We can, you know, just build on what the County has done and present a program to the Commission. Chair Sarnoff Is it easy just to adopt their way of doing things and --? Mr. Martinez: Possibly, we may want to look at it and see if can improve it, but it's pretty damn good. Chair Sarnoff No. I know it's good, but administratively, it takes a good amount of people to handle it. Mr. Martinez: Yes. It'll -- there'll be a cost associated with it. Yes. Chair Sarnoff So I'm just curious whether -- I guess we've tried this and doesn't work, Commissioner Gort, where we would accept somebody who is a County registered CSB provider. Mr. Martinez: They already have a list. Commissioner Gort: They have it, but we have a lot of the people in our -- in the City ofMiami that are not part of that. Chair Sarnoff But couldn't they be -- I'm just saying from an administrative standpoint so he don't have to hire or -- I shouldn't use the word hire. He doesn't have to use resources, couldn't they just be a CSB provider for the County and make them eligible for City's CSBE? Mr. Martinez: We could do that because the County has a very thorough program to certify the CSBEs and the CBEs and the SBDs [sic]. City ofMiami Page 4 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff I think they actually have 11 people they employ just to do that. Mr. Martinez: Or more. Chair Sarnoff Right. Mr. Martinez: Or more. So they've done all that work. We can adopt -- make a requirement that if they're on their list, they'll be on our list. And it's just far as us administering the program here. We need some resources. Chair Sarnoff Okay. Commissioner Gort: Or you can look at the -- wherever they've been certified in other places, they can be -- if they're within the jurisdiction ofMiami-Dade County, they can automatically be certified by the City. Mr. Martinez: Yeah. I'm not familiar with how other areas certify their CSBEs. I am familiar with the County, and they do a very, very good job. Commissioner Dunn: Mr. Chair. Chair Sarnoff You're recognized, Commissioner Gort [sic]. Commissioner Dunn: Yeah. One of the issues is they're not expediting the City workers and -- as fast as they should, and so they end up being determined by the County. So we're not expediting the City workers as fast as they should. Unidentified Speaker: Or business. Commissioner Dunn: Or businesses. You understand what I'm saying? Mr. Martinez: No. Commissioner Dunn: Okay. The process has been -- the businesses in the City are not profiting from this, and we want to see a faster pace -- Mr. Martinez: I understand. Commissioner Dunn: -- of -- okay. Mr. Martinez: If we implement what Commissioner Gort and Commissioner Sarnoff said, it'll be faster because think won't have to go through the certification process at the City; it's already been done by the County. We could take their list and work off that. Commissioner Dunn: Say that again. I think I -- Mr. Martinez: The certification process to qualify to be a CSBE or CBE has already been done by Miami -Dade County. We could just take that list and work off that, so they won't have to go through that entire process at the City. Commissioner Dunn: But what I believe has been happening is that the County businesses are profiting more from this than the City businesses, and so that's the issue. You understand what I'm saying? City ofMiami Page 5 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Martinez: Right, because we don't have a program. Commissioner Gort: We don't have a program that's set aside. Mr. Martinez: We don't have a program. Commissioner Dunn: I understand that. How can we make sure that our -- the businesses in the City benefit from it? Mr. Martinez: Well, we can have an outreach program to make sure that the cities are aware that there are -- there is this CSBE certification process of the County and get them to apply. Commissioner Dunn: 'Cause I just want to make sure that our businesses -- 'cause, you know, the County businesses are benefiting from it and not the City. And I understand that's why this being brought up -- Mr. Martinez: Yeah. No. Commissioner Dunn: -- but we need to -- Mr. Martinez: There is City confractors that are registered with Miami -Dade County. You're not -- it's not limited to just County confractors. It's for all ofMiami-Dade County, including the City. Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Yeah, you're recognized. Mr. Migoya: Another thing we could do is probably give a little extra credit for those that are certified that are City ofMiami versus Dade County. Chair Sarnoff Well, right. What -- Mr. Migoya: So we can work on this. Chair Sarnoff I think what the -- Right. I think the end goal here is that when we let a contract, we've got to provide a formula that weights so that any -- and the only reason I keep saying, gentlemen, is let's keep the County procedure, it's just a cost measure. If-- and what we need to impress upon the folks from Overtown or Liberty City or wherever it is, Allapattah, you need to go to the County, register, qualify. Once you're qualified and registered with those folks, we will adopt their registration -- Commissioner Gort: Right. Chair Sarnoff -- and our City contracts will be weighted so that if you are a CSBE or CDE [sic] provider for the County, you will have -- and maybe it's worth five points of a 20-point system. I don't know how you do it, but you weight it. Commissioner Gort: There's a lot of method being established not only with the County. The problem is the County takes a long time. You've had a lot of experience with MDX, the process in MDX, which is the Miami -Dade Expressway Authority. It's a lot quicker. They do a lot faster. And if you get them to qualify at the MDX, we can also use them. And their system's a lot better. Chair Sarnoff How long does it take from the County? City ofMiami Page 6 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Martinez: I'll revisit the MDX process and look at it with -- Commissioner Gort: (UNINTELLIGIBLE) and come back. Why don't we ask him to do a research and come back? Mr. Martinez: Yeah. Commissioner Dunn: Exactly. Mr. Martinez: Will do. Commissioner Dunn: Yeah, because I'm told that our number is extremely low from the City's side of it. Commissioner Gort: Yeah. Mr. Martinez: It's possible. Commissioner Dunn: Okay. Chair Sarnoff I'm just curious. How does it --? I mean, I'm a little bit familiar with the County. How long does the County process take? Mr. Martinez: It doesn't take that long. What we've done is we made it like a one stop shop so that the person doesn't have to get bounced around to the different departments. They show their insurance, they show their financial statement because you can only make, I think, $5 million average gross within three years so you qualify if it's more than that. Then -- it doesn't take that long. Chair Sarnoff Okay. All right. Commissioner Dunn: Okay. Mr. Chair, I believe we've been told that it's -- it takes approximately between six months to a year to be certified. Mr. Martinez: Not at the County. Commissioner Dunn: Not at the County? Mr. Martinez: No, no. No. Chair Sarnoff You know, I got -- we just did it for a client. I took it took 30 days. Mr. Martinez: Yeah. Exactly. And -- Chair Sarnoff I mean, that's why I'm a little -- Commissioner Gort: You got involved. That's why. Chair Sarnoff No. I let my partner handle it. Commissioner Gort: They see a lawyer in there -- Chair Sarnoff Well, you're right, maybe -- Commissioner Gort: -- that makes a difference. City ofMiami Page 7 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Maybe. Commissioner Gort: That makes a difference. Some of those small -- Commissioner Dunn: Don't have the wherewithal -- go ahead. Commissioner Gort: -- don't have the patience to do so. Mr. Martinez: Now, what happens sometimes it takes longer; they need to show proof of insurance and those type of things. If they don't have it, they have to come back. Another thing that I did at the County is I assigned a person to hold their lands and walk them through the process because the contracting industry is not as well versed in this as the professional industry, and it -- we hold their hands and help them fill out the forms to make it a little bit less cumbersome, less scary. Commissioner Gort: You can do it online too. Chair Sarnoff Okay. Thank you. Mr. Martinez: But I will look at both systems, MDX and the County and see if we can make it better here. END OF DISTRICT 1 City ofMiami Page 8 Printed on 5/13/2010