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HomeMy WebLinkAboutCC 2010-07-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 8, 2010 9:00 AM REGULAR 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 8, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 8:30 A.M. - PRESENTATIONS AND PROCLAMATIONS Chair Sam off The Mayor has a salute and a proclamation. Mayor Tomas Regalado: Thank you very much, 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 8th day of July 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 Sam off at 9:12 a.m., recessed at 12: 02 p.m., reconvened at 2: 23 p.m., and adjourned at 5: 40 p.m. Note for the Record: Commissioner Carollo entered the Commission Chambers at 9:12 a.m and Commissioner Suarez 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 I'm going to welcome everybody to the July 8, 2010 meeting of the City of Miami Commission in these historic chambers. The members of the City ofMiami Commission are Frank Carollo, Vice Chair; Francis Suarez, Wedo Gort, Reverend Richard P. Dunn, and myself, Marc David Sarnoff, the Chairman. Also on the dais are Carlos A. Migoya, 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 our City Clerk, Priscilla Thompson, and the pledge of allegiance led by Commissioner Dunn. Priscilla A. Thompson (City Clerk): Good morning to all of you. Invocation and pledge of allegiance delivered. MAYORAL VETOES NO MAYORAL VETOES Chair Sam off Madam Clerk, are there any mayoral vetoes? Priscilla A. Thompson (City Clerk): There are none? APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, to APPROVED PASSED by the following vote. City ofMiami Page 3 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sam off And do we have any minutes we need to dispense with? Priscilla A. Thompson (City Clerk): Correct. Chair Sarnoff Can you name them? Ms. Thompson: I'm sorry? Chair Sarnoff Can you name the minutes? Ms. Thompson: Oh, yes. Okay, I apologize. We have for your approval the special meeting minutes of June 2, 2010 and also the regular meeting minutes of June 10, 2010. And if you so desire, you can approve those in one motion, if you so desire. Chair Sam off Okay. Is there a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sam off Motion by the Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sam off Okay. Ms. Thompson: Thank you. END OF APPROVING MINUTES ORDER OF THE DAY Chair Sam off 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, and Mr. Manager, members of the public. Any person who's a lobbyist must register with the Clerk. Please consult the City Code for a copy of the regulations regarding lobbyists. The materials for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone who wishes to appeal any decision that's made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phone or other noise -making devices are permitted in the chambers. Please silence those now. And anybody who makes offensive remarks or becomes unruly will be barred from attending any future Commission meetings. Any person with a disability, please, you can contact the City Clerk for auxiliary aids. And the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. Chair Sam off Thank you, Madam City Attorney. "[Later...]" Chair Sam off Do any of the Commissioners or the Administration -- well, let me start with the City of Miami Page 4 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Administration. Do you wish to remove any of the items or modin, them in any way with regard to the agenda today? Carlos A. Migoya (City Manager): We have a few modifications, Mr. Chair. Chair Sam off What are the modifications? Mr. Migoya: We'd like to -- on CA.2, we'd like to withdraw it. Commissioner Gort: Okay, good. Mr. Migoya: PH.8, withdraw; SR.2, defer to July 22; RE.2, defer to July 22; and PZ.1, defer to September 23. Chair Sam off What was the last one? Mr. Migoya: PZ.1, deferring to September 23. Chair Sam off Okay. Do we have a motion? Priscilla A. Thompson (City Clerk): Chair, ifI might. Just to make sure our record is straight, may I repeat --? Chair Sam off You want to read them back? Ms. Thompson: Yes. Vice Chair Carollo: Yes. Thank you. Chair Sarnoff All right. You want to do it or do you want me to do it? Ms. Thompson: I can do it, if you want? Chair Sam off Please. Ms. Thompson: Okay. According to our Manager, we are withdrawing CA.2. PH.8, SR.2 will be heard and deferred to 7/22/10. RE.2 will be deferred to 7/22/10 and PZ.1, being deferred to 9/23/10. Mr. Migoya: That's correct. Ms. Thompson: Thank you. Mr. Migoya: Thank you. Chair Sam off All right. Do we have a motion? Commissioner Gort: Move it. Commissioner Dunn: So move. Chair Sam off Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." City of Miami Page 5 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 The Commission (Collectively): Aye. Commissioner Dunn: Mr. Chair. Chair Sam off Any of the Commissioners wish to be recognized to modify or change anything on the agenda? Commissioner Dunn: Yes, Mr. Chair. I would like to withdraw RE.8 until, I guess, the September meeting. Chair Sam off All right. Is there any other Commissioner who wishes to have any modifications to the agenda? Vice Chair Carollo: Mr. Chair. Chair Sarnoff You're recognized, the Vice Chair. Vice Chair Carollo: I would like to defer to the July 22 meeting RE.4. Chair Sam off Okay. Any other Commissioners? All right. Gentlemen, do we have a motion? Ms. Thompson: Excuse me. I'm sorry, Chair. On RE.8, Commissioner Dunn, you said that's going -- that's actually being deferred to what meeting? Commissioner Dunn: July 22. Ms. Thompson: Thank you. Thank you, Chair. Chair Sarnoff Was that RE.8? Ms. Thompson: RE.8. Commissioner Dunn: RE.8. Chair Sam off I had -- Commissioner Dunn: Withdraw it. Withdraw. Chair Sam off I thought I heard withdraw, yeah. Ms. Thompson: So I want to be clear because he said withdraw and he gave me a date. If you withdraw it -- Chair Sam off He did. I understood. Ms. Thompson: -- it will not come back. Chair Sam off Commissioner Dunn, that's a withdrawal, correct? Commissioner Dunn: Yes. Chair Sam off All right. Ms. Thompson: Thank you. City of Miami Page 6 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off So you have withdrawal; we have a deferral as stated by the Vice Chair. Is there a motion on such? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sam off Motion by the Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. City of Miami Page 7 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 CA.1 10-00750 RESOLUTION CONSENT AGENDA Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Police RECEIVED MARCH 23, 2010, PURSUANT TO INVITATION FOR BID NO. 204188, FROM TACTICAL WEAPONS USA AND SRT SUPPLY, INC., FOR THE PURCHASE OF TACTICAL WEAPONS AND RIFLES ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL 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 DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00750 Legislation.pdf 10-00750 Summary Form.pdf 10-00750 Award Recommendation.pdf 10-00750 Tabulation of Bids.pdf 10-00750 Addendum No. 1.pdf 10-00750 I FB. pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0288 Chair Sam off All right, let's see where we are. Vice Chair Carollo: I think we're on the CA (Consent Agenda) items. Chair Sam off Yeah. I know we're going to want to hear -- well, let's just do CA.1. I know we're going to want to hear CA.3. CA.2 was pulled? Yeah, I think it was. All right C -- Commissioner Gort: CA.2, I want to take it up. Chair Sarnoff -- CA.1. Commissioner Gort: CA.2, I got questions. Well, okay. Chair Sarnoff Let's just do CA.1. Is there a motion on CA.1? Vice Chair Carollo: So moved. Chair Sam off We have a motion by the Vice Chair -- Commissioner Gort: Wait a minute. What's CA.1? Chair Sam off Second by Commissioner -- City of Miami Page 8 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Commissioner Dunn: Second. Ms. Thompson: I just need to make sure. We have two consent agenda items, 1 and 3. Are we going to be handling them separately? Is that what we're doing? Chair Sam off That was my intention, 'cause I understood that CA. 3 had a videotape. Ms. Thompson: Okay, so there -- then we won't have a consent agenda per se. Each one will be discussed separately. Chair Sam off Correct. Ms. Thompson: Thank you. Chair Sam off Thank you. Commissioner Dunn: Second. Was there a second? Chair Sam off I have you down as the seconder. Commissioner Dunn: Okay. Chair Sam off All right. So it is a resolution, CA.1. Anybody want to go on the record just to tell us very quickly, so -- I kind of shot a little too quickly, as they say, and apparently this is about tactical weapons and firearms. You're on. Commissioner Dunn: No. Glenn Marcos: Thank you. Good afternoon, Commissioner. Glenn Marcos, Purchasing director. CA.1 is an item before you. It's for the purchase of tactical weapons and rifles, pursuant to a bid that we issued on behalf of the Police Department. This is a contract that is for one year, with options to renew for four additional one-year periods. We are recommending awards to two vendors, the first one being Tactical Weapons USA (United States of America) and the second vendor being SRT Supply, Inc. Chair Sam off All right, so we had a motion. We had a second. Gentlemen, any discussion? Ms. Thompson: Excuse me. I'm sorry, Chair. Forgive me. I have the seconder as Commissioner Dunn. I'm sorry; I did not hear the mover. Chair Sam off The -- Vice Chair Carollo: I did. Ms. Thompson: Thank you. Chair Sam off All right. Any discussion, gentlemen? Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. CA.2 RESOLUTION City of Miami Page 9 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 10-00751 Department of Purchasing A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED JUNE 2, 2010, PURSUANT TO INVITATION FOR BIDS NO. 204189, FROM THE 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, ON A GROUP BY GROUP BASIS, FOR A TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) 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. 10-00751 Legislation. pdf 10-00751 Exhibit.pdf 10-00751 Summary Form.pdf 10-00751 Addendum No.2.pdf 10-00751 Contract Provisions. pdf 10-00751 Addendum No.1.pdf 10-00751 I FB. pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sam off Looks like we are up to -- Commissioner Gort: I had a second -- got questions, CR.2 [sic]. Chair Sam off Go ahead. You're recognized. Commissioner Gort: You all heard from the presentation from -- that we had this morning from Community Development. We need to have these people on board as soon as possible. Now I had some questions andl understand the City -- you pulled it, but we need the demolition crew on board as soon as possible. We might even have to use somebody from the County or the State. I don't know how we're going to do it, but we need to do it fast. We tend to lose some funds. Priscilla A. Thompson (City Clerk): I'm sorry. Be -- Chair, ifI might, I want to be clear -- Chair Sarnoff CA.2. Ms. Thompson: That's what I wanted to make sure, even though it's been pulled. Chair Sam off Commissioner Gort is discussion TA.2 [sic], which I think was pulled. Ms. Thompson: Pulled. Vice Chair Carollo: Pulled. Commissioner Gort: It was pulled. Chair Sam off Right. City of Miami Page 10 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Glenn Marcos: Glenn Marcos, Purchasing director. As far as CA.2, that is the demolition services contract that you're referring to, we do have the method of award which allows for a primary and secondary. We're going to end up holding off until July 22. You will have that item before you on July 22 with a recommendation for award. Commissioner: But you're talking about recommending number two? Mr. Marcos: We -- if it means this recommend -- Well, what we can do is that -- it's to the primary and secondary, so we can always look at a primary, secondary. As far as who that primary and secondary will be, that will be before you on July 22. Commissioner Gort: In looking at the difference -- and when you look at the comparison of the primary and the secondary, there's a hell of a lot of difference in funds. I mean, there's some places where the primary was charged $100 and secondary was charging 200 -- $400. In some cases, it was about maybe 500 percent in excess of the original. So I don't know if there's a contract out there that the County has or anybody have that can be even lower than this, 'cause you can piggyback on County and State contracts, right? Mr. Marcos: Yes, we can. And we can look at that as another way of -- Commissioner Gort: If you can look at some of that and they can come under what you have right now, 'cause we need to expedite that. Mr. Marcos: Duly noted. Thank you. Commissioner Gort: Thank you. Chair Sam off All right. CA.3 RESOLUTION 10-00741 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION PROCLAIMING JULY, Parks and 2010 "PARKS AND RECREATION MONTH" TO CONTINUE A TRADITION Recreation ESTABLISHED IN 1985, CELEBRATING JULY AS THE OFFICIAL PARKS AND RECREATION MONTH IN AMERICA; FURTHER SUPPORTING THE POLICIES OF THE NATIONAL RECREATION AND PARKS ASSOCIATION. 10-00741 Legislation.pdf 10-00741 Summary Form.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-10-0289 Chair Sam off Okay, CA. 3. And I believe the Department of Parks -- Ernest Burkeen, I know you have a video. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. And this was a resolution for the Miami City Commission proclaiming July 2010 Parks and Recreation Month. And we'd like to play the video. It's a one -minute video. City of Miami Page 11 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 At this time, an audiovisual presentation was made. Mr. Burkeen: This just represents a snapshot of the many things that we do, and you can be assured that I will make sure that the backboards are painted. That was at Moore Park. But I'll make sure that they are painted. But thank you very much for your continued support of the Parks andRec (Recreation) Department. Thank you. Chair Sam off Thank you, Mr. Burkeen. Commissioner Dunn: Thank you. Chair Sam off Any Commissioners have any questions of Mr. Burkeen? Commissioner Gort: I have some questions. Chair Sam off Go ahead. Commissioner Gort: Not of the Parks Department itself but the procurement. My understanding is -- what happened to the transportation summer program? They were going to have an RFP (Request for Proposals) for it? Mr. Burkeen: It's -- Commissioner Gort: How are you going to transport people? Mr. Burkeen: It is going through its process, and we do have vans that we are making use of right now. Commissioner Gort: Which vans? Mr. Burkeen: We have four vans. Commissioner Gort: City vans? Mr. Burkeen: We have four City vans, and we're renting four additional vans, and we do have a contract with a bus -- go ahead. Glenn Marcos (Purchasing Director): I'm sorry, Commissioner. I heard the latter part of it. I think you were asking about the bus transportation contract. Commissioner Gort: Yeah. Mr. Marcos: The current contract is under an extension of 120 days. We are currently looking at the most recent bid that we've issued. We're asking for some additional clarifications from the potential bidders. And once they end up responding to that question, we will be before you asking for an award of that contract. Commissioner Gort: Great. When is the summer program over? Mr. Marcos: As far as the summer program, I'll defer that to the Parks and Recreation director; however, the current contract is still in existence because we've extended it by 120 days, which should cover the summer program. City of Miami Page 12 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 9:00 A.M. Commissioner Gort: Okay. Nevermind. Chair Sarnoff All right. Have we --? I think it is a resolution, gentlemen, proclaiming July 2010 Parks and Recreation motion. Is there a motion? Commissioner Dunn: So moved. Commissioner Gort: Yeah. Chair Sam off Motion by Commissioner Dunn. Commissioner Suarez: Second. Chair Sam off Second by Commissioner Suarez. Any further discussion? Hearing none -- Commissioner Dunn: Mr. Chair. Well, I just (UNINTELLIGIBLE) -- Chair Sam off You're recognized for the record. Commissioner Dunn: I think it's a wonderful presentation. I think it covered just about everything that needed to be covered. Chair Sam off I think it was actually -- Vice Chair Carollo: Well -- Chair Sam off -- five full minutes. I made him cut it down some, so if anybody made it on the editing floor, it was probably because of me. I apologize. Vice Chair Carollo: I blinked and missed the District 3 part, but -- Chair Sam off All right. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sam off You have a unanimous vote. END OF CONSENT AGENDA PUBLIC HEARINGS A sign language interpreter translated discussion of items PH.1 - PH.8. PH.1 RESOLUTION 10-00756 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Development AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI BETHANY COMMUNITY SERVICES, INC., TO AMEND THE SCOPE OF WORK AND EXTEND THE TERMS OF THE CONTRACT FROM SEPTEMBER 30, 2008 TO SEPTEMBER 30, 2011, PURSUANT TO RESOLUTION NO. 08-0695, ADOPTED DECEMBER 13, 2007, FOR THE City of Miami Page 13 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 UPGRADE OF THE PLAYGROUND AREA CURRENTLY BEING USED BY THE CHILDCARE AND AFTER SCHOOL PROGRAM. 10-00756 Legislation. pdf 10-00756 Exhibit. pdf 10-00756 Summary Form.pdf 10-00756 Public Notice.pdf 10-00756 Project Status.pdf 10-00756 Corporation Papers. 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-10-0282 Chair Sam off Gentlemen, we're going to lose our interpreter so we are going to try to go through the Public Hearings right away. So we're going to start at PH.1 because if we're good and we get this done by 12 o'clock, Madam Clerk -- Priscilla A. Thompson (City Clerk): Yes, sir. Chair Sam off -- we will not incur an additional cost of an interpreter? Ms. Thompson: No. You won't have a body there; she's got to leave, so we need to get it done by 12. Chair Sam off And the City Clerk then will not have to learn this immediately. Ms. Thompson: Thank you. Chair Sam off All right, let's go. PH.1. Lillian Blondet (Assistant Director): Good morning. Lillian Blondet, Department of Community Development. PH.1 is a resolution authorizing the City Manager to execute an agreement with Miami Bethany Community Services, Inc. to amend the work scope and the extended term of the contract that they had with us to September 30, 2011. This funding and this contract will be for installing a child care and afterschool playground. Chair Sam off All right, so we have -- let me open up to a public hearing. Does anybody from the public wish to be heard on PH.1, Miami Bethany Community Services, to amend the scope and extend terms of the contract? Anyone from the public wishing to be heard on PH.1? Hearing none, seeing none, comes back to the Commission. Do we have a motion? Commissioner Gort: Move it. Vice Chair Carollo: So -- Chair Sam off 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." City of Miami Page 14 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 PH.2 10-00757 Department of Community Development The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF CITY OF MIAMI ("CITY") DEPARTMENT OF COMMUNITY DEVELOPMENT AFFORDABLE HOUSING TRUST FUNDS, IN THE AMOUNT OF $100,000, FOR THE PAYMENT OF OUTSTANDING PROPERTY TAXES, LIENS, AND MAINTENANCE OF THE CITY -OWNED PROPERTIES THAT WILL BE USED FOR THE CONSTRUCTION OF AFFORDABLE HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), FOR SAID PURPOSE(S). 10-00757 Legislation.pdf 10-00757 Summary Form.pdf 10-00757 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-10-0283 Chair Sam off PH.2. Lillian Blondet (Assistant Director, Community Development): Thank you. George Mensah: Mr. Chair, George Mensah, director of Community Development. PH.2 is a resolution of the Miami City Commission authorizing the allocation of Affordable Housing Trust Fund for an amount $100, 000 for the payment of outstanding property taxes, liens, and maintenance of City -owned properties that will be used for the construction of affordable housing; authorizing the City Manager to execute all necessary documents for said purpose. Chair Sam off All right. Let me open up to a public hearing. Does anybody wish to be heard on PH.2, Community Development Affordable Housing Trust Fund's property tax -- I'm sorry -- in the amount of $100,000 for the payment of outstanding property taxes. Does anybody from the public wish to be heard on PH.2? You're recognized for the record, sir. Grady Muhammad: Good morning, Mr. Chair. Priscilla A. Thompson (City Clerk): Excuse me, Chair. May I, Chair? I need to make sure our speakers understand they must sign in with the Clerk. If you have not signed in, please, before you leave the room, sign in that speaker sheet. We need those for our records. Mr. Muhammad: Yes, Madam Clerk. Grady Muhammad, 5800 Northwest 7th Avenue, Suite 212G. I'm in favor of this, but the question I have is the Affordable Housing Trust Fund, how did it come about? How to access the fund? Who -- we know CD (Community Development) controls it because Commissioner -- Chairman Sarnoff, Officer Stefan (UNINTET,TIGIBT,F) McGill's project in your district that Community Development can't fund because of all of the problems with the (UNINTET,TIGIBT,F). There is no problem. But the problem that they have - - we have several fundings, CDBG (Community Development Block Grant), HOME (Home Investment Partnership), SHIP (State Housing Initiative Partnership), Surtax Affordable Housing Trust fund. The funds for the DRI (Development of Regional Impact) 2005 from the hurricane, the funds, as according to them, can only be used for what needs to be done on the City of Miami Page 15 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 property now. My point is, we get creative when it needs to. Chair Sam off Well, I'm going to -- Mr. Muhammad: I'm speaking to the -- go ahead, Mr. Chair. Chair Sam off Well, here's what I'm going to do. Mr. Muhammad: Go ahead, sir. Chair Sam off I'm going to restrict you to hearing this issue. Mr. Muhammad: No problem, Mr. Chair. Chair Sarnoff I will direct you to go speak to the CDBG director to find out if your particular housing project or your issue is susceptible to any different funding or the funding that I think you're suggesting is coming from here. Mr. Muhammad: Yes. Chair Sam off Now you had a question; I will have the Administration answer, which is where did the $100,000 come from, and that will be answered for you. Mr. Muhammad: And under that scenario, from what I remember, I think, when it was created, the developers who chose not to build affordable housing in the condos put this money aside in that fund. Chair Sam off So you already know the answer to your question. Mr. Muhammad: Of course. You always ask -- you don't ask a question you don't have the answer to, Mr. Chair. Chair Sarnoff All right, so you don't really have a question? Mr. Muhammad: Yes, Mr. Chairman. Butl -- Chair Sam off If you want to direct -- Mr. Muhammad: -- my question is specifically, how to access this fund and who can access this fund because there is no guidelines or application process or anything that -- Chair Sam off All right, I'll have that answered. How, in any shape or fashion, do they get the City impact fee money for affordable housing? Mr. Mensah: The guidelines that was approved by City Commission indicate that before any project to be funded, it has to be through, one, an RFP (Request for Proposals), or the City Commission can allocate the funding for any other purpose. That's what the guideline says. Chair Sam off All right. So either by RFP -- Mr. Mensah: Yes. Chair Sam off -- or sponsorship by a Commissioner -- City of Miami Page 16 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Mensah: By City Commission -- Chair Sam off Right. Mr. Mensah: -- approval. Chair Sam off You understand that? Mr. Muhammad: And we definitely would hope you would support that project because this is needed. It's there. Lights, water, cable. Chair Sam off Okay. Mr. Muhammad: Fully furnished. Chair Sam off Okay, okay. Mr. Muhammad: Six fifty, Mr. Chairman. That's it. Chair Sarnoff We're not here to hear that project. Mr. Muhammad: No problem, Mr. Chair. And next thing, I'm -- how do taxes that are already owned or on properties owned by the City for previous years --? The City usually doesn't pay taxes. There shouldn't be liens or fees on properties that the City already owns. Chair Sam off All right, here's your question. I gotcha. How did this particular piece of property accrue taxes? Just answer the question. Mr. Mensah: The City acquire properties through various methods. One of the method is through a foreclosure on properties that we had -- we give them funding. And so sometime we foreclose on property that already have taxes on it, and we made decision to foreclose on it and get -- and be able to acquire the property. That's the reason why we have those taxes on -- Chair Sam off Do you understand his answer? Mr. Muhammad: Yes, Mr. Chair. Thank you. Chair Sam off Okay. Thank you. Anyone else wishing to be heard on PH.2, please step up. Hearing none, seeing none, coming back to this Commission. Is there a motion, gentlemen? Commissioner Dunn: So moved. Chair Sam off Motion by Commissioner Dunn -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. Any discussion, gentlemen? Commissioner Dunn: Mr. Chair. Chair Sam off You're recognized for the record, sir. Commissioner Dunn: I'm very familiar with this process, having built four houses -- two houses in the -- in that Liberty City area/Model City area back in 2001/2002. Andl do know that -- as City of Miami Page 17 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 PH.3 10-00758 Department of Community Development a community developer, I do know that when properties are conveyed to nonprofits, many times they are already liened up. And so before anything can move forward, there has to be clear title. Andl do know that the City -- Community Development's department is responsible or at least they share in taking responsibility for alleviating those taxes and liens. Mr. Mensah: Yes. Chair Sam off All right. Commissioner Dunn: Just for the record. Chair Sam off Any further discussion, gentlemen? Hearing no discussion, all in favor on PH.2, please say "aye." The Commission (Collectively): Aye. Chair Sam off You have a unanimous vote, Madam Clerk. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") FIVE (5) YEAR PUBLIC HOUSING AGENCY ("PHA") PLAN FOR FISCAL YEARS 2010-2014, IN CONNECTION WITH THE IMPLEMENTATION AND ADMINISTRATION OF THE CITY'S SECTION 8 HOUSING CHOICE VOUCHER PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT THE FIVE (5) YEAR PHA PLAN, ATTACHED AND INCORPORATED, FOR REVIEW AND APPROVAL BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("U.S. HUD") FOR THE CITY'S CONTINUED PARTICIPATION IN SAID PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS AND CERTIFICATIONS REQUIRED, FOR THE SUBMISSION OF THE CITY'S PHA PLAN TO U.S. HUD. 10-00758 Legislation.pdf 10-00758 Exhibit.pdf 10-00758 Exhibit 2.pdf 10-00758 Summary Form.pdf 10-00758 Public Notice.pdf Motion by Vice Chairman Carollo, 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-10-0284 Chair Sarnoff PH.3. George Mensah (Director, Community Development): Mr. Chair, PH.3 is a resolution of the Miami City Commission approving the City ofMiami's Five -Year Public Housing Agency plan for fiscal years 2010 to 2014 in connection with the implementation of the City's Section 8 Housing Choice Voucher program; and authorizing the City Manager to submit the plan to the U.S. Department of HUD (Department of Housing and Urban Development). City of Miami Page 18 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 PH.4 10-00759 Department of Community Development Chair Sam off All right. Let me open up a public hearing, gentlemen. Anyone from the public wishing to be heard on PH.3, City ofMiami's Five -Year Public Housing PHA (Public Housing Agency) plan for fiscal years 2010 through 2004 [sic] for the implementation and administration of the Section 8 Housing. Anyone from the public wishing to be heard, PH 3? Hearing none, seeing none, coming back to this Commission. Is there a motion, gentlemen? Vice Chair Carollo: So moved. Commissioner Suarez: So moved. Chair Sam off Motion by the Vice Chair, second by Commissioner -- Commissioner Gort: Second. Chair Sarnoff -- Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sam off You have a unanimous vote, Madam Clerk. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY") DEPARTMENT OF COMMUNITY DEVELOPMENT MANUFACTURED HOME DOWN PAYMENT ASSISTANCE PROGRAM POLICIES, FOR COMMISSION DISTRICT 1, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $200,000, FROM THE DISTRICT 1 HOME INVESTMENT PARTNERSHIP ("HOME") RESERVE ACCOUNT FOR THE IMPLEMENTATION OF SAID PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE IMPLEMENTATION OF SAID PROGRAM AND SAID TRANSFER OF FUNDS. 10-00759 Legislation. pdf 10-00759 Exhibit. pdf 10-00759 Summary Form.pdf 10-00759 Public Notice.pdf 10-00759 Pre-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-10-0285 Chair Sam off RH -- sorry -- PH.4. George Mensah (Director, Community Development): Commissioner, PH.4 is the approving of the Department's Manufactured Home Down Payment Assistance Program Policies for Commission District 1, as described and attached and incorporated; and authorizing the transfer of the amount of 200, 000 from the District 1 Home Reserve Account for the implementation of this program. City of Miami Page 19 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off All right. Let me open up a public hearing, gentlemen. Is there anyone from the public wishing to be heard on PH.4, Department of Community Development Manufactured Home Payment Assistance Programs [sic]. It -- this is the District 1, I believe they have the trust for right now. Mr. Mensah: Yes. Chair Sam off Anyone from the public -- Mariano Cruz: Yes. Chair Sarnoff -- wish to be heard on PH.4? Anyone. You're recognized for the -- Mr. Cruz: Anyone. Chair Sam off -- record, Mr. Cruz. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida. I am also the chairman of ABDA, Allapattah Business Development Authority. And just this morning, I went by a house that was manufactured home just one block from my house, 1221 27th Street, and those houses stand there good because it -- all this hurricane panel are still there. So I am for this 'cause we in ABDA, we do also affordable housing, and we have to do affordable housing not just for Haiti. We got to start -- charity start at home, okay, here. It's a lot of people, they losing their houses and everything and we need those money coming for us, and we make sure that people know the availability of the money 'cause sometimes they don't know or they got the funds there. They don't know. They are not Mariano Cruz and read the fine print with a magnying glass with light to check everything. No. This is something good. I'm going to -- I'm glad that Commissioner Gort is doing this thing here. I am for that. Thank you. Chair Sam off Thank you, Mr. Cruz. Commissioner Gort: Thank you, Mariano. Having your blessing is very important. Chair Sam off You'll be on Cruz Radio later. Mr. Cruz: Allapattah News. Chair Sam off Allapattah Cruz Radio. Commissioner Gort: He's on every radio station. Every -- Chair Sam off Allapattah Cruz Radio. All right, we got the Good Housekeeping Seal of Approval. Probably even -- Commissioner Gort: Move it. Chair Sarnoff -- has a -- well, I -- Commissioner Dunn: Second. Chair Sarnoff PH (Public Hearing) -- anybody else wish to be heard on PH.4? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Vice Chair Carollo: Move it. City of Miami Page 20 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off Is there a --? Motion by the Vice Chair -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sam off You have a unanimous vote, Madam Clerk. PH.5 RESOLUTION 10-00760 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING MIAMI DREAM HOMES INVESTMENT Development GROUP, INC., AN EXTENSION OF THE CONSTRUCTION COMMENCEMENT DATE ON THE PROPERTY LOCATED AT 6020 NORTHWEST 15TH AVENUE, MIAMI, FLORIDA, FROM JUNE 30, 2010 TO JULY 1, 2011, AND AN EXTENSION OF THE CONSTRUCTION COMPLETION DATE FROM JUNE 30, 2011 TO JUNE 30, 2012, FOR THE DEVELOPMENT OF A FIFTEEN (15) UNIT RENTAL PROJECT FOR LOW AND MODERATE INCOME PERSONS, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE(S). 10-00760 Legislation. pdf 10-00760 Exhibit. pdf 10-00760 Summary Form.pdf 10-00760 Public Notice.pdf 10-00760 Property Information.pdf 10-00760 Letter. pdf 10-00760 Pre-Legislation.pdf 10-00760 Pre -Legislation 2.pdf 10-00760 Pre -Legislation 3.pdf 10-00760 Pre -Legislation 4.pdf 10-00760 Pre -Legislation 5.pdf 10-00760 Pre -Legislation 6.pdf 10-00760 Second Amended Deed.pdf 10-00760 Amended Deed. pdf 10-00760 Pre -Legislation 7.pdf 10-00760 Corrective Deed. pdf 10-00760 Quit -Claim Deed.pdf 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-10-0286 Chair Sam off PH.5. George Mensah (Director, Community Development): Mr. Chair, PH.5 is the granting of City of Miami Page 21 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 extension to Miami Dream Homes for commencement date on a property located at 6020 Northwest 15th Avenue, from June 30, 2010 to July 1, 2011; and also an extension of the construction completion date from June 30, 2011 to June 30, 2012. This is for the development of a 15-unit rental project. The developer is still intent on doing this project. And at this time, the developer is maintaining the property, paying taxes on it, and we recommend the extension of the time. Chair Sam off All right. PH.5. I'm going to open up a public hearing, gentlemen. Anybody from the public wishing to be heard on PH.5 -- it is the extension of the construction commencement date for Miami Dream Homes -- please step up to the mike. You're recognized for the record. Grady Muhammad: Good morning, Mr. Chair. Grady Muhammad again. This is great. We have -- Chair Sam off State your name. Mr. Muhammad: Grady Muhammad. Chair Sam off Okay. Mr. Muhammad: We have to, Mr. Chair, Commissioner Dunn, bring the density back to our community and to our residents. And our late Commissioner Teele's process is still moving forward. Model City was the first. Little Havana Homeownership is the second. Commissioner Gort's own now is moving forward with the District 1 Homeownership Pilot project. We have to bring in Model City the density back because if we do not bring the density back on some of those properties, like we did with (UNINTET,T IGIBT ,F) Africa [sic] Square Park, we will not be able to have the residents and the people that we moved out of over -- Mr. Hardemon will be able to speak of the number of people we moved out in this area. But I think this is a wonderful project and we should support it. This and many other multifamily lots, instead of building single-family homes on them, we should consider rebuilding some of those units in a better, more less density complex. But we need to bring density back 'cause if you don't, you're taking out voters and you're taking out your constituents. Thank you. Chair Sam off Thank you. You're recognized for the record, Mr. Hardemon. Roy Hardemon: Roy Hardemon, 655 North 48th Street, (UNINTELLIGIBLE). Just like Mr. Muhammad said, density is very important to our community. And this item and neither PH. 6 has came [sic] before the advisory committee from Liberty City Trust, the Liberty City Trust. It should have been there first before it came before you all. Anything that was done in the Liberty City target area should have came [sic] by that Trust, and it's just not happening, by ordinance. I mean, we supposed to be the voice for the community and every -- this is the second item that I've seen that's whizzed through this Commission without coming through that committee. What serves the purpose if you don't use what you got? The density is very important to our neighborhood. You know, I support the contractor to build more density, but to keep putting single-family houses where the density suppose to been, that's unheard of and it will impact our neighborhood businesses, which it's already done. Andl beg ofy'all to set this back and allow the Liberty City Trust to really deal with the density and what's going on in this neighborhood. Thank you. Chair Sam off Thank you. You're recognized for the record. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Once again, I need to state for the record, if you are speaking, you must fill out a speaker sheet. We need these sheets for our City of Miami Page 22 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 records. You're supposed to fill them out before you get to the podium. Please do not leave the building without the speaker sheets being filled out. Thank you. Chair Sam off All right, you're recognized for the record. Jumel Calixte: Good morning, Commissioners. My name is Jumel Calixte, andl live in 772 -- I mean, 8271 Northeast 2nd Court, Miami, Florida, in Little Haiti. Well, the reason why I'm here, you know, there is a lot of project going on in the City, which the residents don't know what's really going on, especially in Little Haiti. And I'm urging the Commissioner, especially District 5, to, you know, go in the community to spread the words 'cause I, myself, you know, was, you know, driving around in Little Haiti, I see a lot of empty houses and -- Chair Sam off Mr. Calixte, are you hear to speak on PH.5? Mr. Calixte: Yes, sir. But -- Chair Sam off Okay. Can you confine your comments to whether you support PH.5? Mr. Calixte: Well, sir, like I said, we in Little Haiti need a fair share of the pie also because, like I said, a lot of resident don't know what's going on whenever there is a -- Chair Sam off Your comments -- Mr. Calixte: -- especially housing. Chair Sam off -- are not directed to PH.5. Your comments are directed to a more general category. That -- if you want to have a discussion item on that, you're more than welcome to petition the Manager, you're more than welcome to petition my office, and you can have a discussion item on generally how things are going in Little Haiti. Mr. Calixte: Well -- Chair Sam off This -- let me finish. Mr. Calixte: Go ahead. Chair Sam off This is about PH.5. If you're not going to confine your comments to PH.5, you're not going to be recognized any longer. Mr. Calixte: Well, I understand, sir. But like I said, we are hungry for housing in Little Haiti. Chair Sam off Okay. And I'm going to cut -- Mr. Calixte: There is a lot of residents who's -- Chair Sam off -- you off if you're not going to discuss PH.5. I understand you have a different issue, and I'm giving you a solution to that issue. It is not right now. Mr. Calixte: Well, like I said, I support, you know, this project. But like I said -- Chair Sam off Then you support PH. 5? Mr. Calixte: Yes, I do. But like I said -- City of Miami Page 23 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off And you also want to talk about some --? Mr. Calixte: -- I -- my question included Little Haiti. Chair Sam off I understand. Mr. Calixte: That is my question, because I'm here to represent my community. Chair Sam off I understand, sir. Mr. Calixte: Like I said, we have a lot of problem in Little Haiti -- Chair Sam off All right. Mr. Calixte: -- especially housing. Mr. Calixte: I'm going to thank you for your comments, and I'm going to thank you for your comments on PH.5. Mr. Calixte: Okay, sir. Like I said, I'm -- Chair Sam off And if you want to speak about Little Haiti, you can petition the Manager, you can petition my office to have a more general conversation. Mr. Calixte: Oh, yeah, I'll do that. But like I said, whenever I have an opportunity to speak -- Chair Sam off Thank you. Mr. Calixte: -- for Little Haiti -- Chair Sam off Thank you. Mr. Calixte: -- I will do that. Chair Sam off You're recognized for the record, sir. Al Hardemon: Yeah. Good morning. My name is Al Hardemon. My address is 655 Northwest 48th Street, Miami, Florida. I can appreciate Miami Dream Home [sic] building these 15 units, but that is not what this resolution is about. It's a extension of time. What has been asked of them is to give them another year for commencement. There's something wrong that a construction company or a development company is not ready. If you are requesting funding, then you should be ready regardless of who you are or what you want to do. I commend what they wanted to do, but this can't be allowed, these extensions. Someone has to put their foot down. Either staff get with these developers or someone because it's not serving the City. It's draining the City's budget. Chair Sam off You're questioning whether they have the capability, I take it, because they're asking for a one-year extension? Mr. Hardemon: Any developer that will ask -- Chair Sam off Fair enough. Mr. Hardemon: -- for an extension -- City of Miami Page 24 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off Let's get your answer. Mr. Hardemon: Yes. Chair Sam off That's a fair question. Mr. Hardemon: That's my concern Chair Sam off That's a -- and your laser beam exactly on the issue, so let's hear from Mr. Mensah. Why should we give a one-year extension? What are the capabilities of this developer? And why do they need a full year? Why not six months? Why not three months? Mr. Mensah: The answer is very simple. This developer was provided about ten lots some time ago by the City Commission. At that time, we didn't have the same restrictions that we have now. So the lots were already provided to the developer. The developer has ownership of these lots. The developer built six units of single family. He concentrated on building the single family ones. He completed them. He has another project that he's building right now, which you will see in PH 6, which he's (UNINTET,TIGIBT,F). It's about 95 -- 97 percent complete. And so this is the last piece of the whole project that this developer is working on. So we allow him one year to complete this project on PH.6 and then to start this project on PH 5. One year because of the fact that we all know that in today's market, getting financing is a little difficult, so we are giving him the ability to be able to get all his financing together. Chair Sam off Mr. Mensah. I think the question asked of you, why give the man a year. Mr. Mensah: Because we think that in a year, it's a better time frame than six months. Chair Sam off What do you anticipate happening in a year? Mr. Mensah: I anticipate him being able to get all the financing together. He has the financing left, about $500,000 that he has left to finish the financing, so I think that in a year he should be able to do that. Chair Sam off Why not six months? Mr. Mensah: If that is the will of the Commission. I provided -- Chair Sarnoff I'm asking you. You're making a recommendation to this -- Mr. Mensah: My recommendation is one year because I think it gives enough time. Chair Sam off So in my estimation in the private industry that I'm in, a year means you anticipate something changing, not the man ability to do something. Mr. Mensah: Well, a year is enough -- because you know that in most -- this project has to get financing from government basically to make it end. In most government, financing is a year that we use. Chair Sam off Okay. That's -- Mr. Mensah: So if he gets six months, (UNINTELLIGIBLE). City of Miami Page 25 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off -- a good answer. Mr. Mensah: Okay. Chair Sarnoff That's a good answer. That's all you had to say. Now you -- Mr. Mensah: I have to think deep. Chair Sam off There you go. You just quieted down the Chairman. That's good. You're recognized. Commissioner Gort: Question. My understanding is in reading this, he has several agencies providing financing. It's not only the City ofMiami. Mr. Mensah: No. Actually, initially the City didn't even have any financing in this. He has financing from the County -- Commissioner Gort: From the County. Mr. Mensah: -- from private developer, and then he -- Commissioner Gort: SHIP (State Housing Initiative Program) and -- Mr. Mensah: Yes. Commissioner Gort: Okay. Commissioner Dunn: Mr. Chair. Chair Sam off You're recognized for the record, Commissioner Dunn. Commissioner Dunn: Did I not understand you initially in your opening statements indicate that he had been paying the taxes and different --? Mr. Mensah: Yes. Commissioner Dunn: Okay. So he's -- Mr. Mensah: He's been paying the taxes. He's been keeping the -- Commissioner Dunn: Okay. Mr. Mensah: -- property clean. Commissioner Dunn: Okay. I'm pretty comfortable with giving him that extension. Chair Sam off All right. Let me close the public hearing. The public hearing on PH.5 is now closed, coming back to this Commission. Is there a motion? Commissioner Dunn: So moved. Commissioner Gort: Move. Chair Sam off Motion by Commissioner Dunn, second by Commissioner -- City ofMiami Page 26 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Gort: Gort. Chair Sam -- Gort. Thank you. I had a brain fart. Thank you. Any further discussion, gentlemen? Hearing none, all in favor, please say "aye." Commissioner Gort: Aye. Commissioner Dunn: Aye. Chair Sam All right. Unanimous vote. PH. 6 -- Vice Chair Carollo: Aye. Ms. Thompson: I think you need to do that one -- I'm sorry. I think you need to recast that vote. Commissioner Dunn: Okay. Chair Sam All right. We have a motion and we have a second. All in favor, please say "aye." Commissioner Dunn: Aye. Commissioner Gort: Aye. Vice Chair Carollo: Aye. Chair Sam Aye. We have a unanimous vote on four. Vice Chair Carollo: Thank you. Ms. Thompson: No. Actually, we have a four -- Chair Sam Right, four. Was he here too? Commissioner Suarez: Aye. Chair Sam Let's do it again. Commissioner Gort: Call it again. Chair Sam Let's try it again. We have a motion by Commissioner Dunn, we have a second by the man I now remember, Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Five out of five. Ms. Thompson: Thank you. Chair Sarnoff I don't know if we're the dream team anymore. City of Miami Page 27 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 PH.6 10-00761 Department of Community Development Commissioner Suarez: I'm just getting my updates on the LeBron status. Chair Sam off Are you LeBron or are you --? Commissioner Suarez: No, no, no, no, no. I'm not -- Chair Sam off Okay. Commissioner Dunn: Well, has he signed yet? Commissioner Suarez: Find out tonight at 9. Chair Sam off Let me tell you something. The glass is now more than half full. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING MIAMI DREAM HOMES INVESTMENT GROUP, INC., AN EXTENSION OF TIME TO COMPLETE THE CONSTRUCTION AND CONVEY TO THE CITY, THE COMMUNITY DEVELOPMENT BUILDING PROJECT LOCATED AT 1525 NORTHWEST 60TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM JUNE 30, 2010 TO DECEMBER 30, 2010; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE(S). 10-00761 Legislation. pdf 10-00761 Exhibit.pdf 10-00761 Summary Form.pdf 10-00761 Public Notice.pdf 10-00760 Letter. pdf 10-00761 Pre-Legislation.pdf 10-00761 Pre -Legislation 2.pdf 10-00761 Pre -Legislation 3.pdf 10-00761 Pre -Legislation 4.pdf 10-00761 Pre -Legislation 5.pdf 10-00761 Pre -Legislation 6.pdf 10-00761 Second Amended Deed.pdf 10-00761 Amended Deed.pdf 10-00761 Pre -Legislation 7.pdf 10-00761 Corrective Deed. pdf 10-00761 Quit -Claim Deed.pdf 10-00761 Property Information. pdf 10-00761 Pictures.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-10-0287 Chair Sam off All right, PH. 6. City of Miami Page 28 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 PH.7 10-00762 Department of Community Development George Mensah (Director, Community Development): Mr. Chair, PH.6 is extending to Miami Dream Homes six months, from June 30, 2010 to December 30, 2010, to be able to complete the project known as CD (Community Development) Building. This is a seven -unit property that will be used for HOPWA (Housing Opportunities for Persons with AIDS). Chair Sam off This is for HOPWA? Mr. Mensah: Yes, Commissioner. Commissioner Gort: Yes. Chair Sam off Okay. All right, P -- let me open up a public hearing, gentlemen. PH.6. Is there anyone wishing to speak on granting Miami Homes Investment Group an extension of time to complete the construction of what appears to be HOPWA-related building or, I should say, residency? Anyone wishing to hear -- be -- speak on PH.6? Public hearing is now closed, coming back to this Commission. Is there a motion, gentlemen? Commissioner Dunn: So moved. Vice Chair Carollo: So moved. Second. Chair Sam off We have a motion by Commissioner Dunn, second by the Vice Chair. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sam off You have a unanimous vote, Madam Clerk. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") 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 Legislati on. pdf 10-00762 Exhibit. pdf 10-00762 Exhibit 2.pdf 10-00762 Summary Form.pdf 10-00762 Public Notice.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PH.7 was deferred to the City Commission meeting currently scheduled for July 22, 2010. Chair Sam off PH.7. City of Miami Page 29 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 George Mensah (Director, Community Development): Commissioner, PH.7 is a resolution -- is the (UNINTELLIGIBLE) approving the City of Miami's Neighborhood Stabilization Program substantial amendment, and I'm happy to say this is the last substantial amendment that will be coming to you, and also the revised implementation policies. And this -- attached and incorporated -- is to provide and to submit the -- to allow the Manager to submit the City's amended Annual Action Plan for fiscal year 2008-2009 to US HUD (Department of Housing and Urban Development) for review and approval. Chair Sarnoff All right, let me open a public hearing. Anyone from the public wishing to be heard on PH.7, the Neighborhood Stabilization Program substantial amendment? You are now recognized for the record. Al Hardemon: Yes. My name again, Al Hardemon, address 655 Northwest 48th Street. Again, I'm questioning the fairness of the entire Neighborhood Stabilization Program. When the City had the opportunity to have this type of funds and not to see the taxes that it should have generated by now on projects, in my opinion the money was dispersed fairly to these groups, CD, the Community Development organizations, or whatever. But what I haven't seen -- and I will continue to speak on this -- is results. Results does [sic] not be restricted to a district. If the City is giving any money from here on, I will wish this board to put on notice the recipient of the money that this will be result -oriented. This amount of money -- with the deficits that we are facing, there should be some happy stories coming out of this project. I haven't heard one happy story yet. Again, someone -- andl really appreciate the way Commissioner Dunn has stepped to the plate requiring performance. Let us no longer take this program, if you can -- in your amendment, let it be known to those recipients that it should now -- should be results -oriented because we are tied to whatever. That's fine. But that dirt should not be like it is. There should be results. We cannot no longer afford to not make profit from something that was given to us, 'cause you won't get it again. This is the second time around. Chair Sam off Thank you. Anybody else wishing to be heard on PH.7, please step up. Grady Muhammad: Mr. Chair, Grady Muhammad. I'm hopeful because this -- with federal funds, that we protect residents and those units that are used to purchase the properties. 721 and 741 Northwest 46 -- 56th Street was given almost one point -- $1, 865, 000 July -- June 18. They've now given everyone in the building three-day notices. They closed on the building about two weeks ago. The City just gave them 1.865 million. They just gave everybody in the building three-day notices. I'm a tenant in the building. That's how I know. So how are we now under the Real Property -- Real [sic] Uniform Relocation Act of 1970 supposed to be protected, but now we're already getting three-day notice to be evicted, and the City just gave them the money less than a month ago. The City would be -- Mr. Mensah: Commissioner -- Mr. Muhammad: -- liable -- Mr. Mensah: Mr. Chair, you want me to answer that question? Chair Sam off I'm going to let him finish, then I'm going to let you respond. Mr. Mensah: Okay. Mr. Muhammad: The City would be liable if -- and we're working with Legal Services because, again, I talked to Ms. Mary Johnson, one of the principals. She said we gave everybody three-day notices so they can go get help from the Hand program and all of that stuff to be able to get assistance to get the rent paid. That's what Ms. Mary Johnson told me yesterday. City of Miami Page 30 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 So again, I'm just putting on the record what are we going to do to ensure federal funds are protected, the residents are protected? And what I've heard previously, Liberty City Trust was given assistance. Liberty City Trust is supposed to be doing business facility development, not helping to find housing. I thought that would be the City ofMiami Homeless Program and they've never contacted. But again, I'm hopeful the residents will not be evicted on a capricious or arbitrary decision and the City just gave them the money, Mr. Chair and Commissioners. Thanks. Chair Sam off You're recognized, Mr. Mensah. Mr. Mensah: Mr. Chair, the speaker is mentioning a regulation called Uniform Residential Relocation Act which requires that if any federal funds is used in any project, that low-income residents be protected and ensure that low-income residents are not unduly displaced. One of the things that we did with any project that -- especially with NSP (Neighborhood Stabilization Program) funds, was to ensure that any project that we funded, there's no displacement; and therefore, we only funded projects that have the ability to move residents from one unit to another unit. The same Uniform Relocation Act also indicate that -- use the word bona fide residents, and bona fide residents is someone who pays their rent on a regular basis. The Uniform Relocation Act does not give protection to any resident who lives in a building that decides not to pay rent, and therefore, the -- if anyone -- because the federal government money is being put in that building, if somebody for some reason is not able to pay rent, the requirement is that we try to get assistance for that person, irrespective of whether we provide federal funds or not. So if the landlord is seeking assistance for these individuals who are in their building that cannot pay rent, that is the right thing to do. That is what they should be doing. And the thing is that the HOPWA program provides you to have a three-day notice if you can't pay your rent and then they will help you pay your rent. Hopefully, by the -- at the end of the six -months [sic] period (UNINTELLIGIBLE) program, that they will be able to have a job and then they will be able to pay rent. You cannot expect any landlord, even if you give them government funds, to have tenants in their building that cannot pay rent. That is not possible. I don't think that is what the federal funds are supposed to be used for. And there are other funds that are used for that purpose, but not NSP funds. I just wanted to put that for the record. Chair Sam off All right. Mr. Muhammad: Again, no assistance have been offered, as he stated, should be. The City has Hand money -- Chair Sam off Okay, we're not -- Mr. Muhammad: No problem, Mr. Chair. Chair Sam off -- going to have a colloquy. Mr. Muhammad: We don't need a colloquy, Mr. Chair. Chair Sam off Your point is -- I'm not sure your point is directed to PH -- Mr. Muhammad: It's PH.7, sir. Chair Sarnoff -- 7. But you know what, you're as close as you're going to get from me. He answered your question. It's not qualified That grant is not susceptible. That's what I heard you say. The grant is not susceptible to what you want. City ofMiami Page 31 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Muhammad: The grant was used -- NSP dollars was used to purchase the property, Mr. Chairman. Chair Sam off I -- he -- look, if you're listening to what he said, he said it cannot be used to give assistance for rent. Mr. Mensah: No. Mr. Muhammad: No, sir. I'm not -- I understand that. I'm speaking -- the NSP money was given two weeks ago. They've now given a three-day notice to every tenant -- Chair Sarnoff Was NSP -- Mr. Muhammad: -- in the building. Chair Sam off -- money given to this particular place? Mr. Mensah: The NSP money was used to purchase the property -- a foreclosed property. Chair Sam off Okay. Mr. Muhammad: This was foreclosed property. NSP money was used to purchase and it's going to be used to rehab. Chair Sam off I got you. Mr. Mensah: Yes. Chair Sam off Understood. Mr. Mensah: Yeah. Chair Sam off Now you understand? Mr. Muhammad: Mr. Chair, I live in the building, so of course I understand. Again, the three-day -- they just purchased the property less than two weeks ago. Commissioner Gort: This is not foreclosure property. Mr. Mensah: Look, can you --? Mr. Muhammad: Now everyone in the building has been given a three-day notice to move, everyone in the building. Now you -- two weeks ago, you just gave them the funding under -- well, Uniform Relocation Act, you cannot now evict these people out of the building. The City has funding, as he's saying, to assist the tenants that are there and in three to six months later, but the City has offered no help. The City has just gave (UNINTELLIGIBLE) money to purchase a (UNINTELLIGIBLE) now evicting the tenants and you can't do that, Mr. Chair. Chair Sam off I'll tell you what I'm going to do. I'm going to let you have a conversation with him on the side. Mr. Mensah: Yeah. Chair Sam off If you want to come back and further discuss not this issue, but the issue City of Miami Page 32 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 attendant to your particular residents, I'll let you speak. Mr. Muhammad: Yes, sir, Mr. Chair. Chair Sam off All right? You'll work with him? Mr. Mensah: Yes. Chair Sam off All right. Commissioner Dunn: Mr. Chair. Chair Sam off You're recognized for the record, Commissioner Dunn. Commissioner Dunn: This, of course, concerns me because I do know -- and I'm not quite clear, and I just need a little bit more clarification because inadvertently, they'll be bombarding my door when this happens, good, bad or indifferent. Andl do kind of understand this NSB [sic], andl agree with Mr. Hardemon in terms of -- andl think that's been the tone and tenor of this Commission in terms of accountability, in terms of getting results. Help me understand this. People who are living previously, such as yourself Grady, in a [sic] apartment building, the apartment building is already in foreclosure. Mr. Mensah: It's been foreclosed. Commissioner Dunn: Right, right. Hold on, hold on. Now the NSB [sic] funds are now given to a new owner. Mr. Mensah: Yes. Commissioner Dunn: How do you differentiate or determine who was paying rent and who wasn't paying rent prior to that with the new owner? From what I heard Mr. Muhammad say, he just gave everybody -- Mr. Mensah: I -- Commissioner Dunn: -- a three-day. Andl know that's a -- probably a larger issue, but it does have some validity in terms of -- because the people who were previously living in under the old owner are in this foreclosed property. Now the question -- Mr. Mensah: Yeah. Commissioner Dunn: There are a lot of questions. Were they in the building -- Mr. Mensah: Legally. Commissioner Dunn: -- legitimately or legally? That's number one. We got to address that. Putting everything on the table. Mr. Muhammad: Of course. Commissioner Dunn: Number two, did the new owner give them an opportunity -- andl think that's what -- 'cause a three-day notice is not a whole lot of time to get hit with all of a sudden, especially now that you're the recipient of the NSB [sic] funding. So I think that at some point, it has to be addressed because inadvertently, you're going to have displaced people, homeless City of Miami Page 33 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 people, and guess what, they're going to be knocking on my door. So I need some understanding -- Mr. Mensah: Commissioner -- Commissioner Dunn: -- with that. Am I clear? Chair Sam off Go ahead. Mr. Mensah: Commissioner, I can privately talk to you about this project, but I can assure you that there is no intentional displacement going on. We have a lawyer who is involved in this project because of the fact that we want to make sure that things are done right, and therefore, there's a legal -- a lawyer who is vested in the HUD regulations who is assisting the owner to ensure that everything is done. As to the three-day notice that he's talking about, this is the first I'm hearing this, and therefore, what I'm going to do is I'm going to go back and talk to the lawyer, which we deal with, to see if it's indeed the case. I only say the fact that sometimes in any development, including affordable housing development, there's -- there are times when you have individuals who decide not to pay rent. When individuals decide not to pay rent or cannot pay rent because they don't have the income to pay rent, our responsibility is to assist them to be able to pay rent, and one of the assistance is through the Hand program that he mentioned, and that is how they're able to pay their rent. Commissioner Dunn: One more, Mr. Chairman, ifI may? Listen, there have been cases where I know people when they notice that under the previous owner, the building was in foreclosure and the owner or the manager was still collecting rent, the previous. What is the record -- how can we determine the record of whether or not that previous owner was getting rent? Now, all of a sudden, this new owner comes in. What is a fair and reasonable amount of time for that owner to give to those previous residents who may have been paying rent? Mr. Mensah: Okay. I can answer that question. Chair Sam off Let me -- let Commissioner Gort. I think he has something -- Commissioner Gort: I think -- my understanding is three-day notice is something you give to the individual, but it sometimes takes sixth months -- Mr. Mensah: Yes. Commissioner Gort: -- because they'll have to go through the process, and they have legal representative -- legal service representing them. My understanding is a three-day notice is something that have to be done legally, but that three-day notice doesn't mean they have to get out in three days. A lot of times they stay there for three, four, six months 'cause they have to go through a procedure, they have to go in front of a judge, and then the judge makes a decision. Commissioner Dunn: That's true. One last -- but sometimes I think some of the residents, they panic when they get that three-day notice, and I guess they just need to be educated that they still have a certain amount of time. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized, the Vice Chair. Vice Chair Carollo: Thank you. A question to the director, by when does this need to be City of Miami Page 34 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 approved? Mr. Mensah: Today. Vice Chair Carollo: I'm reading here that there's a September 9 deadline. Mr. Mensah: Yes. Vice Chair Carollo: So why couldn't it be approved in July 22? Andl don't know -- Mr. Mensah: Because -- Vice Chair Carollo: -- what the rest of my colleagues think, but if we had a little bit of extra time to answer all these questions and sit with you because you obviously know that -- Mr. Mensah: This particular -- Vice Chair Carollo: -- I have more questions. Mr. Mensah: -- project is very different. But in terms of -- September 9 is the deadline to spend, to commit all the monies. This -- when you approve it, it goes to HUD; HUD takes time, review it and approve it before we can commit any of these dollars. So if we move it to July 22 and HUD, for some reason, takes longer than usual to approve it, then by the time -- we won't have enough time until September 9 to commit all the funds. That's the reason why we brought it here today. And also, we also have to have 30 days advertising notice, and this has already been advertised for 30 days -- I'm sorry, 15 days on this particular item. Chair Sarnoff All right. We obviously have to deal with it. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chairman. I have some questions on this item. And Mr. Mensah, we met before. Mr. Mensah: Yes. Commissioner Suarez: Andl know that you're trying to spend this money in the best way possible, but I received information today, this morning, that troubles me. Mr. Mensah: Okay. Commissioner Suarez: Andl didn't have an opportunity to sit with you. I would have otherwise done it, you know, in that fashion. I'm not -- that's -- it's not my style to call anybody out on the carpet or anything like that. But of the four strategies, of strategy B, strategy E, strategy C, and strategy D -- Mr. Mensah: Yes. Commissioner Suarez: -- of which we have of the total available amount of $12 million, approximately 80.3 percent committed, dedicated -- obligated is word that they use in this -- Mr. Mensah: Yes. Commissioner Suarez: -- pamphlet. Can you answer to me how much of that is being spent in District 4? City of Miami Page 35 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Mensah: I don't have -- Commissioner Suarez: Can you give me a dollar amount, please? Mr. Mensah: -- the break out here so I'll not be able to answer it right now. But what I've asked (UNINTELLIGIBLE) -- when I go back, I'll be able to put together -- these funds are being used for a couple of things, some of them including demolition. And for demolition, I know that there are projects -- buildings in your district that are part of the house -- properties to be demolished. Properties to be purchased or properties to be used, I'm not sure. I'll have to go back. But I just wanted to remind you that in two year -- last -- a year and a half ago when this plan was put together and approved, HUD gave us the initial areas of greatest needs, which is what HUD uses in making the determination of where to use these funds. It did not include most part of District 4. It did not include -- it included mostly District 5 and District 1, some part of District 3, and a very small part of District 2, but most were in -- most of District 4 was not included. Now, last year, I believe in December, we came back to the Commission. We revamped the whole thing, and what we did was that we used different methodology that HUD had given us and then came up with allowing most of the City to be able to qualify under this strategy. And what we did was that we put an RFP (Request for Proposals) together that was out there, and every developer and every individual that is in the City had the ability to be able to come and get any of these funds. It even included us purchasing space on a bus. That goes through the entire City, including District 4, telling people that we have funds available to purchase foreclosed property. That did not yield any result. So what we succumb to do is to be able to give the funds to the properties that came forward, and they just happen to be in some districts that do have those projects available. That is the reason. But I will give you the information. I don't have it right now. Commissioner Suarez: I think -- Mr. Chairman, ifI may? Chair Sam off Oh, please, colloquy. Commissioner Suarez: -- I feel a little bit like the Vice Chairman with the parks issue here on this particular item because I'm looking at it -- at the attachments that were given to me by your office this morning. Mr. Mensah: Yes. Commissioner Suarez: On strategy B and on strategy E, I see zero dollars dedicated to District 4 or going to District 4. On strategy C, I see zero dollars dedicated to District 4 or going to District 4. And on strategy D, which is demolition, I see zero dollars being dedicated to or going to District 4. So I have a little bit of a hard time voting in favor of this item when it doesn't appear to me that under any of the strategies that we would be shifting the money to and adopting -- there's any kind of possibility that any of that money is going to be used in District 4. And so I would be in favor of what the Vice Chairman is requesting, even given the risks involved because I really have nothing to lose in this particular case. Chair Sam off Could -- would you yield for a second? Commissioner Suarez: Sure. Chair Sam off Let me ask you a question, because I want to take this conversation to a slightly different level. Mr. Mensah: Yes, Commissioner. City of Miami Page 36 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sarnoff And I've talked to you about this and I've gotten no traction on it. Forgive me for my lack of education or lack of HUD knowledge or lack of HUD procedures. It seems to me that we, as a political body, should reward people who pay their mortgage, as difficult and onerous as it is. People who actually get up in the morning, go to work; whether they made a good deal with their bank or a bad deal, they do the labor necessary, the sweat equity that they put into it, and they pay for their home; where the person directly next door to them has made a voluntary choice to let their home go. Mr. Mensah: Yes. Chair Sam off And what happens is a home that I may have paid -- I have homes in my neighborhood that are worth a million dollars, and right next door to them somebody may have overpaid, may not have overpaid, but decided to walk away. So essentially, I have a bank property. And the person who is paying taxes to the City ofMiami -- and you may not like the guy that has that million -dollar home because you know what? He's a rich guy, and nobody likes rich guys. But you know what his tax payment is, $27, 000 dollars a year. And he's living next door to a home -- I'll give you an example. Right on the water, 1132 Northeast 84th Street, two homes abandoned in a row. One of them -- and you'll see this in my pocket item. Mr. Mensah: Yes. Chair Sam off -- the entire roof has collapsed and fallen into a canal. Now this is waterfront property. I asked Mr. Mensah, and I've been asking him all along, I want to reward neighbors who pay their mortgages so that we, as a city -- I don't think we ever belong crossing a person's threshold, meaning we don't belong going inside the door of anyone's home, but what we can do with, I think, some of this NSP money is stabilize a neighborhood so that these foreclosed homes or homes in foreclosure -- and Commissioner Suarez, part of my pocket item will also show that we do have an ordinance that when we spend any amount of money, we get dollar for dollar back should we be successful holding up the constitutionality of it. But think about this. Walk through your neighborhoods. If you have a block and on that block there are four homes in foreclosure -- and think about what they look like. They usually look like the grass is growing. Worst -case scenario, the doors are opened; people are living in there. Really bad case scenario: the roof is collapsed. Unsafe structures. Even I don't have an answer why it's not an unsafe structure, but I'm sure this City has a reason somewhere, somehow, someway how a roof that has collapsed and fallen into a canal is still a safe structure. I'm sure there's an engineer that will tell me it is because that's what they do. But my point of this whole conversation is why don't we stabilize the neighborhood not by purchasing or assisting in the purchasing of the home, but why don't we spread what we have as far as we can so that his district, my district, everyone's district here can have unkept homes kept. And he's right, we pass an ordinance -- I get to say something now I'm proud of -- predating you that we did right, and we can literally pre-empt the bank who has the mortgage under our law and foreclose, and then he has a great choice to make. Am I going to make that a pocket park or do I put that out to bid because the house is just damn good enough? I don't understand why we're not -- andl can't tell you NSP was intended for this. Mr. Mensah: No. Commissioner, it was intended exactly for what you just mentioned. The NSP program is called the Neighborhood Stabilization Program, and the idea is that we use these funds to purchase foreclosed abandoned properties, such as similar to the one that you just mentioned. If you purchase it, you rehab it, you put somebody in there who's not going to pay taxes, and then the next -door neighbor will be happy because you don't have that eyesore. That is what NSP was all about. But as -- and I'm sure you are aware of this -- all federal programs are, they give you a very good tool, but they also restrict you and say that you know what? This is a very good tool. However, we only interested in certain neighborhoods. We are City ofMiami Page 37 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 interested in neighborhoods that meets such characteristics. So you go ahead, you put these things together, and then you send it to them. They'll review it and then they approve it. Now, ifI spend any money in an area that they deem not eligible, I'll be coming here in front of you telling you, Commissioner, I'm sorry. Chair Sarnoff So your point is most of our neighborhoods that are the more middle-class neighborhoods are not eligible for this NSP? Mr. Mensah: Yes. But I have a caveat for you and that caveat -- Chair Sam off What a missed opportunity by the President. But go ahead. Mr. Mensah: And the caveat is that our regular CDBG (Community Development Block Grant) program under what is called Spot Slum -- is it called Spot Blight Reasons. We can come and use our funds to demolish the property or to make the property that you just mentioned. That is spot. And before I can do that, I have to show that all the neighborhoods is [sic] good. This particular property is an eyesore in the neighborhood and is bringing the neighborhood down. Andl have to prove by statistics. I have to prove by pictures, andl have to have it in my files so that when I use those funds, then HUD will say I used it well. However, I can only use those funds if Unsafe Structures condemn the building and the City Attorney's Office tells us that it is okay for us to -- for the City to go ahead and use our fund on that property. So we might have the end money available, but we can't do that unless we have all the -- Chair Sam off So I'm walking away -- and I'm going to yield to Commissioner Gort -- but I'm walking away from this conversation with you being told that sorry, Commissioner Suarez, your folks are just too damn affluent. Sorry, Commissioner Sarnoff 98 percent of your folks are just too damn affluent. And the rest of you guys -- andl mean that respectfully -- are eligible, right? Is that what I'm walking away hearing? Mr. Mensah: No. I don't -- Chair Sarnoff No. Mr. Mensah: -- think you should away from that. Chair Sam off Am I getting that wrong? Mr. Mensah: In a way, yes. Chair Sam off I'll yield to Commissioner Gort. He always gets it right. Commissioner Gort: No. My understanding is the home you talk about, that you want somebody to move in there, my understanding they have income requirement. In other words, they have to have certain level of income, the person that goes into that home. Chair Sarnoff But I'm understanding -- Commissioner Gort: I don't know if they'll be able to pay the taxes and the insurance and all that on those homes. Chair Sam off Right. But I'm understanding he's talking about a census tract, am I right, that -- 2 Mr. Mensah: We use census tracts, yes. City of Miami Page 38 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sarnoff So it's not just the person, but it's the neighborhood. Commissioner Gort: Yeah. Mr. Mensah: There is -- Chair Sam off So that's something we can't change. Commissioner Gort: No. Chair Sam off Right. Commissioner Suarez. Commissioner Suarez: Mr. Chairman, thank you. Two things. I think one thing that I took from the conversation was I think you still have the ability to do a lot -- a spot. Mr. Mensah: Yes. Commissioner Suarez: And regardless of the neighborhood, correct? Mr. Mensah: Yes. That's correct. Commissioner Suarez: In other words, if the spot itself, which I think is precisely -- Mr. Mensah: Yeah. Commissioner Suarez: -- what you're describing -- in a nice neighborhood -- Mr. Mensah: Yes. Commissioner Suarez: -- you have a property that looks like it doesn't even belong in the worst neighborhood. Mr. Mensah: Yes. Commissioner Suarez: Then you have the ability -- and let me tell you, with the technology that we have today, there really -- there's really no excuse because with my iPhone, I can show you a building that we demolished in my district -- not with these funds -- Mr. Mensah: Yeah. Commissioner Suarez: -- andl videotaped it. Mr. Mensah: Yeah. Commissioner Suarez: You know, so you can videotape things. You can take pictures of thing. You can do all kinds of things to document -- Mr. Mensah: Yeah, which is what we're doing. I mean, I -- in conversation with the Chair -- actually, I started researching this after I had a meeting with the Chair -- with the Chairman and because of that, we're putting together a procedure on how to do something like this, and that will allow us to be able to set aside funds for such purposes. Yes. Commissioner Suarez: But -- City of Miami Page 39 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Gort: They changed it to do that. Commissioner Suarez: -- that's what I'm saying. Mr. Mensah, I think you kind of hit the nail on the head with the last statement that you made, which is if this can be done and we have 20 percent of our money unallocated and there is certainly a need in District 2, there's certainly a need, I could tell you, in District 4 -- I'm about to get right now the list of abandoned properties which are registered. Vice Chair Carollo: Three also, for the record. Commissioner Suarez: District 3 as well, who only -- Commissioner Gort: One. Commissioner Suarez: -- I think, has one or two. Commissioner Gort: One has a lot. Commissioner Suarez: District 1 has a lot of them and -- right. So -- Commissioner Gort: And 5. Commissioner Suarez: -- the question -- so my thing is -- so perfect -- we have the dream team up here and we're all in agreement that this is a big issue. And my question to you is why isn't this one of the options, one of the strategies? Mr. Mensah: Well, it is. We allocated $700, 000 for demolition. Chair Sam off How do we make it -- how do we convince you that three of us, maybe four of us and maybe even five of us sitting here believe this should be our primary objective? Mr. Mensah: No. Chair Sam off And if you're saying because HUD regulations won't allow us, just tell us. Mr. Mensah: No. Commissioner, you can direct us to say that, because we've used most of the other strategies in District 5 and obviously District 1. You can direct us and say that with the $700,000 on demolition, we want you to concentrate mostly on District 2, 3 and -- Chair Sam off I'm not saying that. I'm hying to say something different. What amount -- here's what I have. Total allocated, $12, 063, 702. Total obligated to date, $7,144, 251. Just because it's obligated doesn't mean it's been spent, right? Mr. Mensah: Yes. Chair Sam off Okay. Total obligated by 7 -- you have to have it all done by July 31. So -- I'm looking for my Vice Chair, who's really good with math -- I have about five million something dollars left, right? Mr. Mensah: Yes. Chair Sam off Why couldn't this Commission say to you, damnit, George, we want you to fix neighborhoods and we want you to reward people who pay their mortgages. City of Miami Page 40 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Mensah: If you -- Chair Sarnoff And if we're awarding -- let me finish, just 'cause I got the Chair. Mr. Mensah: Yes, sir. Chair Sam off Just because we want the people who pay their mortgages to -- their house is next door to look like their mortgages are getting paid too. They may not be, but they look like that. And then he'll learn that we did something right as a Commission years -- two years ago, and every dollar you spend there we're then going to go to Madam City Attorney and hold a sort of Damocles over her head and say foreclose. And then Bank of America's going to say, wait a minute. I got the first mortgage. And then she's going to go to the Third DCA (District Court of Appeals) at some point and argue the constitutionality how we can prime Bank of America. You know what Bank of America's going to do? They're going to fix that property real fast and they're going to reimburse him for the amount of money he spent on this property. And if they don't, he has a great choice to make, which is nobody bids on the property; it's his property; he can have a pocket park. Or he could say I have an affordable housing project, or he comes up with a strategy that satisfies him. Mr. Mensah: Commissioner, that can easily be done. I think what I'm looking for from the Commission is exactly what type of activities. I'll mention one activity, which is demolition activity, which is eligible, which you already allocated funding for. What type of activity are you looking for? Because we have -- one of the activities we have is also purchase of properties. If -- Chair Sarnoff Here's what I'm looking for -- Mr. Mensah: Okay. Chair Sarnoff -- and they could either back me or not back me. Mr. Mensah: Okay. Chair Sam off I don't care what a person's income is. I only care that there is a spot blighted house, home, property, and the neighborhood essentially is a good neighborhood, andl want that neighborhood, I thought, stabilized. Andl want to reward the people who are paying their property taxes, who are paying their mortgages so they feel like their prop -- their neighborhood is symmetrical, the same, everybody has a certain standard. It -- this may not be the most populous or popular thing to say -- Mr. Mensah: No. I -- Chair Sarnoff -- and maybe it is in some ways. I mean, I just want to reward those who labor. Mr. Mensah: Okay. Chair Sam off Commissioner Dunn. Commissioner Dunn: Mr. Chair, I can support something like that. I don't know if you remember, yesterday, in an analogous type of way, I was sharing with you my concerns about the micro business loan. Mr. Mensah: Yes. City of Miami Page 41 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Dunn: And you talked about -- and you helped me -- you clarified for me that the initial one that has already been approved by this Commission would only assist business owners who fit in the poverty -- Mr. Mensah: Guideline. Commissioner Dunn: -- structure. Mr. Mensah: Yes. Commissioner Dunn: And my concern to you was -- I think you will appreciate this, Mr. Chair -- we have some business owners who are not -- who will not fit in that poverty criteria but need assistance and who have struggled to maintain their business. And you came up with a solution Mr. Mensah: Yes Commissioner Dunn: -- where we can -- where we could assist both. Mr. Mensah: Yeah. Commissioner Dunn: So I think that's what I hear and I support that. We want -- in other words, yes, District 5 has a -- probably a disproportionate amount of housing that's in foreclosure or whatever or need to be demolished, et cetera, but we want the entire City to be stabilized. Mr. Mensah: Yes. What I'm -- Mr. Chair, what I'm -- the difficulty I'm finding is, as you know we deal with actual activities, and neighborhood stabilization is composed of a series of activities that you can do. Some activities are ineligible; other activities are eligible. Chair Sam off Let me -- 'cause I'm told I have to get this done by 12. Let me ask you this question, and then I'm going to yield to Commissioner Suarez. Is it possible for you to reallocate the approximate $5 million that you have not spent -- Mr. Mensah: Okay. Chair Sam off -- toward what this Commission seems to be indicating it wants? Is that possible? Mr. Mensah: Yes, very possible. Chair Sam off You're recognized for the record, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I'll try to make it brief. I just was passed a note that -- and please, correct me if I'm wrong, Mr. Mensah -- under the December 2009 amendment to the NSP that we passed, the area of greatest needs was expanded to include most of the City, including -- Mr. Mensah: That's correct. Commissioner Suarez: -- most of District 4. Mr. Mensah: That's correct. City of Miami Page 42 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Suarez: So -- Mr. Mensah: That's what said So what said was that there was -- Commissioner Gort: They made that change. Mr. Mensah: We made a change because of the fact that we weren't able to -- this money was not being spent. Commissioner Suarez: Right. Mr. Mensah: (UNINTELLIGIBLE). So we made a change so that every -- most part of the district -- most part of City would be eligible, and that is what allows us to now be able to demolish a property in District 4 or District 2 or (UNINTET,T IGIBT ,F), and that's what allows us to be able to do that. Commissioner Suarez: Right Mr. Mensah: And at the same time, that is the reason why we were able to go ahead and take projects in District 3. For example, we have, I believe, two projects that come from District 3. So we're able to do projects in various districts for that reason. What happened was that we have to rely on developers and -- to bring us projects. And so if -- in that particular instance, the developer didn't bring us the project, then we won't be able to do. On the demolition side, the one that we control, which is the demolition, that's for the entire city. And the list that was attached is the list that was provided to us by the Unsafe Structures Unit as a list of properties that had gone through their process, which means that they now have a demolition order and so they're able to demolish it, but that is what -- ifI can understand exactly the activities, which is what I'm finding difficulty in. I know demolition -- I can definitely demolish any property in your district if it's allowed. Commissioner Suarez: Mr. Mensah, I have no problem having two of my staff members go out for the next week. We can have -- and take pictures of the houses that we have identified or that are registered on the vacant property list or that are listed as abandoned. Because I think part of stabilizing our neighborhoods, as the Chairman indicated, is to either increase the -- our parkland or to rehab -- Mr. Mensah: Yes. Commissioner Suarez: -- the houses that are in bad condition in -- a spot home that's -- Mr. Mensah: Yeah. Commissioner Suarez: -- in a bad condition on a given block. Mr. Mensah: Yes. Commissioner Suarez: So I just don't understand how when we expanded the zone, there's still no money being allocated to District 4, no money -- Mr. Mensah: No. We -- Commissioner Suarez: -- being spent under any of these options in District 4, very little in District 3, very little in District 2, and there are mechanisms by which we can spend that money City of Miami Page 43 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 in those districts, so I found out about this this morning. I would not have brought -- I would have brought it up in our briefing, but I got this this morning. So when I saw it, I felt like there was no other time that I could address this then. Just -- Mr. Mensah: I will make -- my recommendation is okay, we can -- this project, maybe need to table this item for maybe July 22. I'll meet with all the Commissioners and then go through -- because I need to understand exactly what I'm expected to do, and then I'll -- based on my knowledge of what HUD expects us to do, we'll be able to come up with a solution. What I will do is that in the meanwhile, I'll go ahead; and after I meet with you, we will pre -- we will (UNINTELLIGIBLE) get projects ready and everything ready so that in July 22 when we come back, that it will go right away. We cannot afford to lose the funding, so we need to be able to make sure that -- Chair Sam off All right. Mr. Mensah, what I'm going to -- what I want every Commissioner to do, whether -- I'm going to say to you on the dais what I want, but -- Mr. Mensah: Yes. Chair Sam off -- I want to make sure that you coordinate with every department, Police, NET (Neighborhood Enhancement Team), Unsafe Structure [sic] -- I have a list here, of which you're welcomed to go through, of 852 unsecured or, I should say, vacant properties. Mr. Mensah: Seven hundred and seventy-two. Yes. Chair Sam off Some of them may be secured. Commissioner Gort: I have a whole bunch of them. Chair Sam off Right. And I think what you should do is gain a strategy from every Commissioner; and you might want to say, Commissioners, I'm doing a gross estimate, but I believe I could take care of 30 properties per district -- Mr. Mensah: Yeah. Chair Sarnoff -- andl think I'd like you to designate those 30 properties. Mr. Mensah: Okay. Commissioner, I'll come and talk to you because I think that -- Chair Sam off I'm still not getting it? Mr. Mensah: No, no. I hear you. I think the problem which -- and I -- you asked me to go and talk to Unsafe Structures and all those people. My problem is on the legal side. Do I have the ability to go and decide to demolish a property; or if it's comes to just going to clean or do cleanliness, let's say, go and weeds [sic] the grass and those things, these funds will not allow me to do that, and that is the reason why I was asking you. Chair Sam off Will not allow you to do that? Mr. Mensah: No. These funds will not -- Chair Sam off Will not? Mr. Mensah: -- allow me to do that. City of Miami Page 44 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off So you cannot cut the grass, you cannot -- Mr. Mensah: I cannot, no. I cannot. Commissioner Suarez: Mr. Chairman, ifI may? Mr. Mensah: And that is the reason why -- Commissioner Gort: Mr. Chairman. Mr. Mensah: -- I keep asking what are the activities you are expecting of me to do. Chair Sam off Commissioner Gort's recognized, then Commissioner Suarez. Commissioner Gort: I think it's very important that you put down the criterias [sic] and the guidelines that this funding have so people can understand how these funds can be used. 'Cause a lot of the misunderstanding that you have in here is think that the funds can be used certain way, which they can't. And also, you need to explain if there's an income requirement. If they were going to move in a house that's been demolished, who's able to go in there? Mr. Mensah: Yes. Commissioner Gort: 'Cause the person that according to the income -- the standard -- Mr. Mensah: Yes. Commissioner Gort: -- might not be able to pay their taxes or the insurance within that property, within certain locations. So I understand what you want to do andl agree with you, but unfortunately, some neighborhoods you can't do that. At the same thing [sic], my problem is we all have a lot of property that need to be demolished because it's really -- needs to be cleaned, the neighborhood. Now today, we pull item 2, which I was going to pull anyway, demolition RFP. I mean, if we don't have people to do the demolition, how long it's going to take? The next RFP right now is going to take six, seven month [sic]. Mr. Mensah: And Commissioner, I'm glad you brought that up because I want to tell you that I want ability to spend that $700,000 that we -- the amount for demolition is based on that. And when I heard it was being pulled, I went to the Procurement director andl told the Procurement director if this RFP doesn't come July 22, we have lost -- Commissioner Gort: We have trouble. Mr. Mensah: -- six hundred and something thousand dollars that could be used -- Commissioner Gort: Right. Mr. Mensah: -- for demolition. He's aware of that, and he assured me that that's not going to happen, that they will have a minimum in July 22. Chair Sam off Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. Just two quick points. I don't want to keep belaboring the same issues, but the legal justification for -- and the City Attorney can correct me if I'm wrong -- demolishing a property is if it's an unsafe structure. If there's a declaration that -- City of Miami Page 45 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Mensah: Yeah. Chair Sam off -- it's an unsafe structure, you notify the owner of that declaration. They have a certain amount of time within which they can appeal that -- it's not that long -- and you can demolish. I mean, it's -- that's the legal justification. That's the legal procedure. Have I explained it properly? Unidentified Speaker: To my knowledge, yes, sir. Commissioner Suarez: Okay. So that is not that complicated. We just did it very recently in my district. And then in terms of -- Unidentified Speaker: I'm sorry to interrupt. That is with the County. It's not just the City process. It's -- the County does the unsafe structure. We kind of work maybe -- Commissioner Suarez: But I'll give you an example. The one in my district was declared unsafe a year ago, okay, and wasn't demolished for whatever reason. We had to get it redeclared [sic] unsafe, you know, provide notices to the owners, and then go through the process all over again because the process had become stale. So there are many properties, I would imagine, in terms of the vacant and abandoned homes that are already declared unsafe and unstructurally [sic] sound. Maybe they have to be redeclared [sic] because they may have gotten stale, but there are properties -- I'm imagining there are properties that are already declared unsafe or may -- Mr. Mensah: We have 50 of those properties. And what I have asked -- which is on your list, and -- but we can't demolish any of them unless we have the procurement, the demolition contract in place. What I have asked the Unsafe Structures Unit to do is to contact each of the Commissioners' office, let them know the list of -- the list that currently declared unsafe, let the Commissioner district help us in determining which are the properties they are interested in demolishing. Commissioner Suarez: But the second point that I wanted to make, Mr. Chairman -- Chair Sam off Go ahead. Commissioner Suarez: -- is that -- it goes to the point that Commissioner Gort made. He was making a point about the income levels -- Mr. Mensah: Yes. Commissioner Suarez: -- of -- and you just stated on the record -- andl want to make it clear because -- Mr. Mensah: Yes. Commissioner Suarez: -- for everyone here to be clear -- Mr. Mensah: Yes. Commissioner Suarez: -- that you can -- regardless of the income level, regardless of the neighborhood, you can identin, one property that is on a spot basis that is disrupting a -- Mr. Mensah: Yes. City of Miami Page 46 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Suarez: -- block. Mr. Mensah: Yes. I -- Commissioner Suarez: You document it and you can demolish that one property. Mr. Mensah: Yes. I did state it on record -- Commissioner Suarez: I just wanted -- Mr. Mensah: -- but that is with CDBG funds. Yes. Commissioner Suarez: -- that to be clear. Commissioner Gort: Demolish is no problem. Mr. Mensah: Yes. Commissioner Suarez: Okay. Mr. Mensah: Demolish is no problem. We can do that. Vice Chair Carollo: Any further discussion? Do I have a motion? Ms. Thompson: Excuse me. Before you go on, Vice Chair, you need to close your public hearing. Vice Chair Carollo: Thank you. Anyone else from the public wishing to speak on this item? Is there anyone else from the public wishing to speak on this item? The public meeting [sic] is now closed, coming back to the Commission. Is there a motion? Commissioner Suarez: I move to continue it -- Commissioner Gort: Move to defer. Commissioner Suarez: -- till -- Commissioner Dunn: Sec -- Commissioner Suarez: -- the next Commission -- it's continue it, right? Vice Chair Carollo: I -- Commissioner Gort: Yes. Vice Chair Carollo: No. It will -- Ms. Thompson: No. It would -- Vice Chair Carollo: -- be a deferral to the date. Commissioner Suarez: Deferral then to the next -- okay. City of Miami Page 47 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: Right. Ms. Thompson: No. You want to be date certain. Mr. Mensah: To a date certain, Mr. Chair. Ms. Thompson: Deferred to July 2 -- Commissioner Dunn: July 22. Mr. Mensah: Twenty-second. Commissioner Suarez: July 22. Ms. Thompson: -- 2010. Commissioner Suarez: Is that okay? Commissioner Gort: Second. Commissioner Dunn: Second. Vice Chair Carollo: I have a motion by Commissioner Suarez, seconded by Commissioner Gort. Any further discussion or any discussion? Hearing none, 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. And with that said, we're right at 12 o'clock, so we will be breaking for lunch. When would you wish to come back? What's -- I'm taking -- 2? Commissioner Gort: Two is fine, yeah. Commissioner Dunn: That's fine. Vice Chair Carollo: Two? Okay. We will then be in lunch recess until two. Thank you. PH.8 RESOLUTION 10-00418 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), RELATING TO THE PROPERTY LOCATED AT 400-420 Development SOUTHWEST 8TH AVENUE, AND 430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON EXHIBIT "A", ATTACHED AND INCORPORATED, COMMONLY KNOWN AS THE TEATRO MARTI PROPERTY, CONVEYED TO TEATRO MARTI APARTMENTS, LLC PURSUANT TO CITY OF MIAMI RESOLUTION NO. 09-0089 ADOPTED FEBRUARY 26, 2009, FOR THE DEVELOPMENT OF A MIXED -USE, ELDERLY HOUSING RENTAL PROJECT ON THE SITE, REVISING THE PROJECT RESTRICTIONS AND REQUIREMENTS AS INDICATED ON EXHIBIT "B", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City of Miami Page 48 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 10-00418 Legislation. pdf 10-00418 Exhibit. pdf 10-00418 Exhibit 2.pdf 10-00418 Summary Form.pdf 10-00418 Public Notice.pdf 10-00418 Goals. pdf 10-00418 Pre-Legislation.pdf 10-00418 Exhibit A.pdf 10-00418 Exhibit B.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II SR.1 10-00425 Office of Strategic Planning, Budgeting, and Performance END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 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 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 Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 July 22, 2010. Direction by Vice Chair Carollo to the City Manager to meet with each Commissioner to further discuss this matter before the July 22, 2010 Miami City Commission Meeting. Chair Sarnoff Looks like we're now up to SR.1. Yeah. SR.1 is on page 12, gentlemen. Mirtha Dziedzic (Interim Director, Strategic Planning, Budgeting, and Performance): Mirtha - Chair Sam off You're recognized for the record. Ms. Dziedzic: -- Dziedzic, Budget Department. This is the second reading on the TO (Table of City of Miami Page 49 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Organization) changes. There's been no modifications. Chair Sam off All right. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sam off Motion by Commissioner Gort -- Commissioner Suarez: Second. Chair Sam off -- second by Commissioner Suarez. Vice Chair Carollo: Discussion. Chair Sam off For discussion, the Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. Mr. Manager, I think earlier today we had questions with regards to if we are the ones who can direct a component unit or if we have to go through you or so forth. I see here that the Civilian Investigative Panel is directly under the City Commission, so how will we go about -- do we have to get in contact with their executive director? Do we go through you? From this chart, the new chart, it seems like we don't have to go through you or we don't go through you. So can you clarify this chart a little bit more? Julie O. Bru (City Attorney): The CIP (Civilian Investigative Panel) is a board that was created by a Charter provision, but the details about how the board interacts with the City and other City entities is found in our Code. The Manager's involvement with the CIP is that the Manager prepares and is involved in the budget process, such as he is with other City departments. But since the CIP is an independent agency, really the only -- you know, the only oversight, I think, in my opinion, with the CIP in terms of its personnel would be through the City Commission, not the Manager. Commissioner Carollo: Okay. So my question is how do we communicate with them? Because it's obvious that through them not providing their -- or not having their audited financial statements issued, it may have cost us millions of dollars. Andl remember this Commissioner asking them to come before the Commission with regards to why their audited financial statements had not been issued. They still haven't come before us. So how do we communicate with them? I know for a fact we budgeted $464, 000 for their budget, but I don't like to wait till the next budget hearing for me to say, you know, hey, listen, if you didn't, you know, communicate with us, then we're going to, you know, cut your funding. Ms. Bru: You can -- Commissioner, in my opinion, you can communicate to them directly or you can as collectively as a body just -- Commissioner Gort: Make a resolution. Ms. Bru: -- express, you know, a desire as a body to hear from them in the public forum. So you can request that they appear before you at the next Commission meeting. Vice Chair Carollo: I already did that, so -- Ms. Bru: Well -- City of Miami Page 50 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: -- I want to see what's the proper protocol and what's the repercussion. Commissioner Suarez: Mr. Chairman. Ms. Bru: Well -- Chair Sarnoff Well -- Ms. Bru: -- the only real, I guess, hammer that you have is that you control the purse strings. So when it comes time to budget, you know, you're going to look at how efficiently they're running the organization and you're going to make decisions about how much resources you're going to allocate to that based on the level of efficiency that you're perceiving. Commissioner Suarez: Mr. Chairman. Chair Sam off Let me go to Commissioner Gort (UNINTET,TIGIBT,F) and I'll come right back to you. Commissioner Gort: Can we propose a resolution requesting that they be here? Ms. Bru: You can do so. Commissioner Gort: As a body, we can do that. Ms. Bru: Yeah. Commissioner Carollo: No. And that's okay for this instance, butl want to know for the future how do we -- how -- in other words, let's say we have an issue with a department in the City of Miami. I know we contact the Manager and we speak to him. However, you know, let's say with the CIP, Virginia Key Park Trust, and so forth, how do we communicate? You know, not just for this instance, but for the future. I'm starting to look now ahead. So I want to know what's the protocol. What -- how should we do it? And mind you that a few months ago, I tried I tried what I thought was reasonable andl -- you know, I request it and nothing occurred. Chair Sam off Commissioner Suarez. Commissioner Suarez: Mr. Chairman, Mr. Vice Chairman. I think -- I have two ideas. One is less drastic than the other. The less drastic idea is to have the City Attorney on behalf of the City Commission write essentially a demand letter to the -- to that agency saying we hereby demand that you come to the next Commission meeting essentially and present reasons why you were not -- your audits were not on time and have an auditor. You can include in that demand letter a warning that if they fail to comply, their funding will be cut as of that date, and we can direct then the City Manager to literally stop paying their bills. The other more drastic is to just to have the City Manager as of today stop paying their bills for not having complied with the fact that you had requested several weeks ago for them to be here and they've basically ignored that request. So I think either one of those two options is something that can be considered. Commissioner Carollo: Mr. Chairman. Chair Sam off You're recognized. Vice Chair Carollo: Well -- I mean -- look, I don't want -- even though it's quite obvious that I'm upset, I don't want to take drastic move where right away we want to cut their fundings [sic] City of Miami Page 51 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 completely and so forth, but at the same time, I'm looking ahead. I want to see how we can remedy these issues. How in the future should we have -- maybe not about the audit; maybe about something else, you know. How -- what's the protocol for our communication? Should we go through the City Attorney and ask her to draft a letter to them, to the executive director? Does it have to be any one Commissioner, or does it have to be voted on as a whole, the Commission? I mean -- you know, so I'm trying to follow what should be the proper procedures, the protocol, and so forth. Chair Sam off Commissioner Gort. Commissioner Gort: I agree with you, but I believe we should have all three agencies here today since we've learned what it cost us -- Vice Chair Carollo: Oh, definitely. Commissioner Gort: -- for being in noncompliance. They need to realize, they need to understand how much it costs the City ofMiami for being in noncompliance, and there's going to be a penalty because there's a cost to us and the taxpayers. So I think either -- we can do either way, the letter from the Attorney, but I believe we have the power to pass a resolution asking them to be here and give us a report. That -- Chair Sam off Madam City Attorney, don't we have subpoena power or summons power? Ms. Bru: You know, there is a provision in the Charter that authorizes this Commission or any committee of this Commission to compel the attendance of any official of the City or -- and to investigate the financial transaction of any department. Now I would have to look at that real carefully because, remember, the CIP is kind of a -- it's a very unique organization within the City in that it's not a department. And the question of whether or not the executive director of the CIP is considered an official would be something that we would have to look at the definition of official. But clearly, clearly, you have the right either individually to pick up the phone and contact them and say, hey, you know, we want -- I want to talk to you, I want to hear what's going on here; or as a body, you can say we're requesting that you appear. I mean, I can take a closer look at the issue of subpoena powers and tell you before the end of the Commission whether or not, in my opinion, you have the authority to issue a subpoena and compel the attendance of the executive director should they, you know, be recalcitrant, but I don't think that you'd have to, you know, resort to such drastic measures. But I will have an answer for you before the end of the meeting. Chair Sam off Well, I -- and just before Commissioner Dunn goes. I mean, I remember him on two specific -- I apologize for referring to you as "him." I remember the Vice Chair on two specific occasions instructing -- I don't know if you instructed the Manager, but you instructed somebody to compel their attendance to be here at the next Commission meeting. Now one of them is going to be here just because they're going to try to get their budget passed. But you know, my conversations with you have always impressed upon me that each Commissioner could require the attendance of any board at a Commission meeting. I fail to see why we would dilute our powers as Commissioners and act as a juridic body to pass a resolution 'cause I don't want anybody to think, oh, you got to get three people now to compel my attendance. Because the end of the day, this is supposed to be about the taxpayers' dollars and that's really what we're all upset about. Andl -- you know, I want to resist passing a resolution simply because I want him -- I apologize -- the Vice Chair, I want Commissioner Suarez, I want Commissioner Dunn, even if it's in my district, or a committee he associates with me, I want each Commissioner to have the ability to command the attendance of somebody and subject themselves to a public inquiry 'cause it's usually going to be about taxpayer dollars. Commissioner Dunn. City ofMiami Page 52 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Dunn: I -- Mr. Chair -- and I want to direct this to you, Madam Attorney. I hear and do, in substance, agree -- in principle, agree with the Chairman. However, help me understand the thin line of how much is deemed us crossing that line as having the authority to direct a director to do something, because I -- help me understand this. Chair Sam off Not a director. Commissioner Dunn: I know it's a very -- okay. I know it can be a very thin line. Many times it should come through the Manager, am I correct? Help me understand that. Ms. Bru: The three agencies that we're -- Chair Sam off Right. Ms. Bru: -- discussing about, the Liberty City Trust -- let's talk about the two, Liberty City Trust and Virginia Key Park Trust. These are creatures -- these are agencies that were established by ordinance by this Commission. They are directly, you know, as a result of this Commission's action. That which was created by ordinance can be abolished by ordinance, can be amended by ordinance, so should you wish to examine how efficiently they're functioning, whether or not you need these agencies, whether or not a City department could conduct the affairs that are being conducted by these agencies at a more cost-effective manner, you could do that and you can abolish the agencies. Interacting with their personnel, you can, as the Chairman points out. You can interact with them. These are not departments. These are not the people that are -- Commissioner Dunn: Okay. Ms. Bru: -- unilaterally -- you know, it's not the Manager's absolute discretion to govern, direct or control. So they have to respond to you. They have to be responsive to you. So you could do it individually or you could do it collectively. The CIP, although not created by ordinance, it was established by a Charter provision. Chair Sam off Right. Ms. Bru: The, you know, mechanics of how the CIP functions and how much resources they get and so forth and so on has been chiseled, has been, you know, fine-tuned by ordinance. So you can fine-tune the agency or the entity, you know, by ordinance as long as it doesn't impede the mission that is articulated in the Charter as to what they perform. So -- and again, with respect to the CIP, individually any one of you can pick up the phone and request their -- you know, their attendance or collectively. Now the question about subpoena is something that I do need to look at a little bit more carefully before I give you an answer. Chair Sam off Commissioner Gort, you're recognized. Commissioner Gort: It goes back to what we were discussing earlier today. We have the Vice Chairman that requested it twice in Commission meetings. Noncompliance. What happens? I mean, how can we make people comply? I mean, this is the problem. They're used to certain administration before where not complying was no problem, but I think we need to send a message that noncompliance with this new administration is different. You're going to get penalized somehow. Because you have the Vice Chairperson asked twice. Vice Chair Carollo: And Mr. Chairman. City of Miami Page 53 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off You're recognized. Vice Chair Carollo: And by the way, you're seeing that I'm not trying to take drastic moves. I'm being reasonable. However, come budget time, I'm telling you, I'm going to hear it. Oh, Commissioner Carollo. Oh, my God. This guy, he's crazy. This and that and so forth. Because -- Unidentified Speaker: At the end of the day -- Vice Chair Carollo: -- at that time, we're really going to discuss all these issues, you know. And I'm telling you -- I'm already giving you the heads up, you know. You're going to start hearing it. I can't believe he wants to cut us this much and all that. But, you know, I'm trying every reasonable way possible. And you see -- and the reason why I bring it up is because of the discussion we had earlier. Andl see, you know, the Civilian Investigative Panel right under us so I wanted to get some clarity before we actually vote on it and make a decision. Commissioner Dunn: But Mr. Chairman, could I come back and --? I think we're all in agreement. I'm just -- what I'm trying to find out -- andl think you raised that question, Vice Chairman -- procedurally -- Vice Chair Carollo: Right. Commissioner Dunn: -- how can we get it done? It's not whether we can get it done. Vice Chair Carollo: Right. Commissioner Dunn: What is the appropriate procedure that we must take? And one way -- and I -- (UNINTELLIGIBLE) refer -- I'm going to defer to the Madam Attorney. Could we condition compliance to someone from an agency? If they do not comply, then immediately we postpone or suspend their budget until they comply. And if they don't comply at all, then we consider totally defunding that. I mean, is that -- how can we -- ? I'm asking you for the legal - Commissioner Gort: An ordinance. Ms. Bru: Again, Liberty City Trust, Virginia Beach Park Trust, these are agencies that you, as a Commission, created because you felt that the mission of these agencies could be better performed using an external kind of you know -- not using City personnel. So they have -- you know, they have executive directors. They have their own people, so forth and so on. You have the authority to abolish the agency. You have the authority to dictate who can be employed, how they can be employed, whether or not they need an executive director, whether their budget should be really handled by the City. I mean, you can create the kind of agency that you want to create with the proper measures and control. The CIP -- the Charter tells you what their mission is, but it doesn't tell how the mission gets carried out. So if you wanted to abolish this infrastructure that the CIP has and put it back under the responsibility of the Manager for the Manager to administer the work of the CIP either through personnel and everything else, you can do that. So it's really up to you to decide how best to perform the services that these three entities are performing, and it's up to you to determine whether their personnel are performing up to standard, efficiently, cost effectively, in compliance with your policies and your directives. So you really have all the authority that you need over these agencies when it comes to the way that they're functioning. The only thing you can't do is impede the mission of the CIP because the Charter dictates that, so -- Chair Sam off Mr. Manager, you're recognized. City of Miami Page 54 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Carlos A. Migoya (City Manager): This is not -- I don't have a dog in this fight, but -- I shouldn't say that anymore. I apologize for that word. I apologize sincerely for -- Chair Sarnoff Should we call you "Michael"? Mr. Migoya: -- that conversation. But seriously, if -- I'm just thinking about this. If you order me to do something and I refuse to do it, you're not going to defund the City. Chair Sam off No. We'd fire you. Vice Chair Carollo: Yeah, exactly. Chair Sam off We hire and fire you. Mr. Migoya: Right? Chair Sam off Right. Vice Chair Carollo: Right. Mr. Migoya: So if you're asking an executive director of an agency to show up and they don't come here, you don't have to go to the extreme of defunding the agency. You should be dealing with something with the executive director. Chair Sam off Well, no. There's a difference there. Vice Chair Carollo: Right. Chair Sam off We can only get that executive director's attendance -- let's just put it euphemistically through you. There may be a subpoena involved, but let's leave that off the table. You're like a function key on a calculator. Everything -- 99.9 percent of the City we have to do through you. We can yell, scream, and holler at the City Attorney and fire her on the spot. We can yell, scream, and holler at the City Clerk and fire her on the spot. We can yell, scream, and holler at the Auditor General and fire him on the spot. According to Madam City Attorney, we can yell, scream, and holler and defund two agencies. We may be able to yell, scream, and holler and defund a third agency and put them under you. Commissioner Suarez: Mr. Chairman. Chair Sam off It's a difference with a -- distinction with a difference. We'll be in violation of the Charter if we direct our -- let me say it right. We don't hire and fire anybody, except for the aforementioned people. You're recognized. Commissioner Suarez: Yeah. Thank you, Mr. Chairman. In the law, there's something called a hearing to show cause. And what we can do is we can put on our next agenda an ordinance abolishing both of those agencies. And if they don't show good cause as to why they shouldn't be abolished, then we can simply abolish them. And it's not -- I'm not trying to sound drastic. I just think, you know, the fact of the matter is -- Commissioner Gort: They're going to get the message. Commissioner Suarez: -- if you want to send a message -- City of Miami Page 55 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Gort: Yeah. Commissioner Suarez: -- and you want to bring them here, I think if you essentially, you know, put on the agenda the abolition of both of those entities, I guarantee you they'll either be here or will be abolished, one or the other. I mean, 'cause I think the total of both those agencies is like $1 million roughly, maybe $900,000. So, you know, if they can't show us why we shouldn't abolish them, then they should just be abolished. I mean, you know, if they can't comply with the Vice Chair -- Chair Sam off The only thing I could caution you, Commissioner -- andl know the Virginia Key Trust reasonably well. They're sitting on a lot of money right now and I'd hate to see a spending spree in the next two weeks. So unless you can somehow freeze their actions in place right now -- I just don't want to see somebody in a -- I don't think they would do it, but on the other hand, they're sitting on, ifI recall, over a million --I think over a million dollars. Andl don't want to see that -- you know, I don't want -- I just want to make sure that there's no -- I don't know how to put it -- Commissioner Dunn: Mr. Chairman, I was -- along those same lines, would defunding be more appropriate? Chair Sam off Well, they were defunded Commissioner Dunn: Already. Chair Sam off I believe Liberty City Trust -- and I'm going to ask the Mayor if he remembers - - and Virginia Key Trust were both defunded last year. They were allowed to spend down whatever monies they claimed to have in their respective bank accounts. Commissioner Dunn: But Liberty City Trust sunsets I believe in September. Unidentified Speaker: Yes. Commissioner Dunn: So -- am I correct? Vice Chair Carollo: Exactly. Yes. I believe they sunset. And Virginia Key, I believe, is coming before us today for their actual funding. Chair Sam off Correct. So you might have a direct answer very shortly. Commissioner Dunn: Okay. Mr. Migoya: The issue -- the sunsetting of -- Vice Chair Carollo: Yes, RE.6. Mr. Migoya: -- the Liberty City, you still have to get the financial statements done this year, so someone has to do them. Commissioner Dunn: Yeah. So we still haven't gotten them? Mr. Migoya: For this year. Commissioner Gort: We don't have it? City of Miami Page 56 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Dunn: Pardon me. Excuse me. Mr. Chairman, I want to go -- Chair Sam off You're recognized. Commissioner Dunn: Mr. Manager, I thought -- Mr. Migoya: I believe we received -- Commissioner Dunn: -- they were submitted, weren't they? Mr. Migoya: They (UNINTELLIGIBLE) submitted for last year -- Commissioner Dunn: Liberty City Trust. Mr. Migoya: -- but what we're saying is for this coming year, even if they sunset September 30, we still have to have financial statements for the year '09/'10. Vice Chair Carollo: Yeah. Mr. Migoya: So even if they sunset, somebody has to stick around to make the financial statements -- complete the financial statements for this year. Commissioner Dunn: Okay. Chair Sam off They have to make the records available to the City. Mr. Migoya: Right. Otherwise, we'd end up in the same soup -- Chair Sam off Right. Mr. Migoya: -- next -- at the end of this fiscal year. Vice Chair Carollo: Mr. Chairman, ifI may. I think we should vote on this item and structure of the City ofMiami. That's why I thought it was important and appropriate to bring this up. And give us some time to work with the Administration for possibly next Commission meeting, bringing something up, either a discussion item or an ordinance or so forth which we could always discuss, even if it's an ordinance, and see which route we want to take. In that way, we don't do anything drastic. We -- you know, level heads are in place. We can do something reasonable, but something that's going to be effective. And -- so that's what I suggest. Chair Sam off All right. Vice Chair Carollo: And before we vote, I have another question with regards to the structure. Chair Sam off You're recognized. Vice Chair Carollo: Thank you. Mr. Manager, I just want to have clarity. I see here Larry Springs [sic], Peter Korinis, Johnny Martinez, Tony Crapp, directly under you, and under them there's different departments. My question is, are each four of these individuals assistant City Managers? Mr. Migoya: There's only two assistant city managers, and that is Tony Crapp and Johnny Martinez. There -- I have other reports that are not necessarily assistant City Managers. Michelle Pina is one for ERD (Employee Relations Department). You have the Budget City ofMiami Page 57 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 director. You have the two chiefs. They're on the side. If you go to the far right, you'll see them on the side as well. Even though they're not -- their titles are not assistant City Managers, they're still direct reports of mine and Sergio Guadix, also with Code Enforcement, among other people. Vice Chair Carollo: I just -- you know, as a friendly amendment, I think we need to somehow define that Johnny Martinez and Tony Crapp are assistant City Managers. And I don't know if the structure is done correctly or what, but I think that needs to be -- somehow be mentioned and shown in the table of organization. Mr. Migoya: Okay. Actually, we even had -- Vice Chair Carollo: Because as it stands right now, it seems to me that all four of them are assistant City Managers. If you -- I'm sure you -- Mr. Migoya: No. I mean, just 'cause they're a direct report doesn't automatically make them assistant City Managers, but -- Chair Sam off All right. You want to continue? Vice Chair Carollo: I just want -- you know, I'm looking for direction from the City Manager since it's his item or the interim director of budgeting because it's their item. I just want to make sure 'cause -- to have some clarity on the table of organization to make sure that it shows that Johnny Martinez and Tony Crapp are the assistant City Manager. I don't know if we have to restructure the way the table is because -- Mr. Migoya: Those aren't functional titles. They're official titles. Just because you're an assistant City Manager doesn't automatically mean you have the other departments reporting to them, so -- and frankly, we even thought whether or not to have the names in there; just have the titles of you know, the infrastructure, director and the operations director rather than the actual names, but -- 'cause these -- what we have on the table of organizations are the functional titles, not the official titles. And there are two different titles that are there, infrastructure director and operations director, which are their functional titles and not their official titles. You understand the difference? Vice Chair Carollo: I believe I do. But at the same time, you know, usually -- okay, let's say in your absence -- Mr. Migoya: We'll add assistant City Managers and that's okay. Vice Chair Carollo: Right. But let's say -- Mr. Migoya: And it doesn't really matter either way. Vice Chair Carollo: In other words, like -- let's say the police chief -- you know, you have the police chief deputy, and then you have the assistant chiefs, right? So there's a structure to that. I don't really necessarily see that structure here. I see four individuals that appear to me be in the same line where, in reality, I would think -- Mr. Migoya: They are on the same line. Not just them; the four of them, plus the chiefs, plus the Budget director. They're all on the same line. If that piece of paper would be wider, everybody would be on the same line 'cause they're all direct reports to me. Does that mean that all direct reports of mine are assistant City Managers? City of Miami Page 58 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: That's my question. Mr. Migoya: I don't think so. Commissioner Dunn: May I? Vice Chair Carollo: Sure. Commissioner Dunn: Mr. Chairman. From a hierarchal when you set up -- and I know you know -- that chart, you normally -- you can differentiate between, just from a visible standpoint, who's next directly to the Manager. Normally -- andl respect your concept, but normally, there's a distinction where the two assistant Managers would be above -- is that what you're saying? Vice Chair Carollo: Yes. Commissioner Dunn: -- the rest -- 'cause it -- and it distinguishes them as the -- because even though they may be equal on -- I mean, may not -- you're saying they're equal, but my understanding -- I stand corrected -- is that there's a distinction, Manager, assistant Manager, then you have your various departments. Mr. Migoya: Well -- Commissioner Dunn: From a visible standpoint now. Mr. Migoya: But Commissioner, what we've done here -- which actually it was done before I got here, but I frankly concur, this is a flat organization. You don't have four direct reports. You have like ten or twelve or some bigger number of direct reports that you have directly to the City Manager. If you had a one on one, meaning if you had one City Manager, two assistant City Managers and everybody reporting to them, then that's not a flat organization. You'd have inefficiencies. Basically, what you've got is we've named two assistant City Managers of the actual -- for people that are the chief of operations and the chief of infrastructure because of their technical, but this doesn't mean that they're higher than the chief of Police and the chief of Fire. They're not. Vice Chair Carollo: Okay. Mr. Migoya: So -- and everybody has different -- because they all report directly to me. Does it mean they all get exactly the same pay, everything the same? No. But they all have their own -- and frankly, in my absence, what we have done, we choose to use -- we don't have the same person over and over. We have in the past used Larry Spring sometimes as an acting City Manager. Sometimes we've used Tony Crapp, and sometimes we may use Johnny Martinez. And it -- there's not one individual who is the deputy City Manager here. It's a flat organization. And frankly, in case of emergencies, we have Maurice Kemp, the Fire chief as the acting Manager underneath me in those situations. So it's interchangeable from that perspective. If you want to have a one-on-one relationship, I would feel uncomfortable because I'm not sure that it -- I would like to have any one of these be higher than the rest of them. Commissioner Dunn: Let me --- one last crack at it. But in -- okay, I'll go with the Police Department 'cause that's one -- or even the Fire Department. You know that if -- in absence of the Police chief usually there is a deputy right next -- and technically, that deputy is the number -two person in the entire department. Just looking at the chart visibly -- andl understand what Vice Chair is talking about and I hear you saying it's flat across. But there -- to me, there's no distinction in terms of -- because there -- I would prefer to see a number -two City of Miami Page 59 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 or a number -three person. Mr. Migoya: Are you directing me to have a number two? If you're doing that, I'll be happy to take that under consideration, but at this point, there is no number two, no distinct number two. Vice Chair Carollo: Right. And that's exactly what I'm seeing. However, in my mind there was a number two. It was either Assistant Director [sic] Johnny Martinez or Assistant Director [sic] Tony Crapp. And in your absence, I would expect that either the Mayor would be appointing as acting City Manager, Assistant Director [sic] Tony Crapp or Assistant Director [sic] Johnny Martinez, and we'd be raging it. Mr. Migoya: With all due respect, that would be in your mind but not in my mind. Vice Chair Carollo: Okay. Mr. Migoya: They're all equal. But if you're directing me to have specific number two and number three, which I disagree with, but if you're directing me to do that, I'll take that under advisement and I'll get back to you. Vice Chair Carollo: And that's why I have questions, and that's why I'm asking you because, yes, in my mind, that's what I thought we had. Mr. Migoya: Well, I've given you an answer. If you're not happy with my answer, you guys give me a direction and I'll take it under advisement. Chair Sam off You want to bring this back on July? Vice Chair Carollo: Yes. Let's bring this back on July. Chair Sam off All right. Mr. Migoya: We're in July. So you don't want to approve the table of organization? Vice Chair Carollo: July 22. Mr. Migoya: So what are you telling me to do? Vice Chair Carollo: I'm telling -- you know what. I'm going to make a motion to defer this to July 22. Chair Sam off All right. Mr. Migoya: Okay, but I would like direction from you as to what you want me to do with the table of organization for July 22. Otherwise -- Vice Chair Carollo: I would like for you to -- Mr. Migoya: -- you're going to get -- Vice Chair Carollo: -- meet with each Commissioner to discuss this item and we'll bring it back July 22. Mr. Migoya: Fine. City of Miami Page 60 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 SR.2 10-00692 Honorable Mayor Tomas Regalado SR.3 10-00727 Chair Sam off All right. Commissioner Dunn: Second. Chair Sam off There was a motion to defer. There's a second. Commissioner Gort, you're recognized. Commissioner Gort: Question. Does the change of title increase his pay or anything? Mr. Migoya: Not at all. Commissioner Gort: Okay. Chair Sam off Can I apply for the job? No, just kidding. All right, so we have a motion -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I heard the mover was Vice Chair Carollo. I didn't hear your second. Chair Sam off The seconder was Commissioner Dunn. Ms. Thompson: Thank you. Chair Sam off All in favor for the deferral, say "aye." The Commission (Collectively): Aye. Chair Sam off Okay. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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 Commissioner Gort, seconded by Commissioner Dunn II, 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.2 was deferred to the City Commission meeting currently scheduled for July 22, 2010. ORDINANCE Second Reading City of Miami Page 61 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Attorney ORDINANCE NO. 13168, ADOPTED MAY 13, 2010, CHANGING THE TIME TO QUALIFY FOR THE NOVEMBER 2, 2010 ELECTION FROM SEPTEMBER 3, 2010 THROUGH SEPTEMBER 18, 2010, AT 6 P.M. TO AUGUST 6, 2010 THROUGH AUGUST 21, 2010, AT 6 P.M.; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ADOPTION OF THIS ORDINANCE AND TO TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00727 Legislation SR.pdf 10-00727 Cover Memo SR.pdf Motion by Commissioner Gort, 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 13187 Chair Sam off SR.3, elections. Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Sam off Any discussion, gentlemen? Hearing no discussion, all in favor, please say -- Priscilla A. Thompson (City Clerk): No, no. Chair Sarnoff -- "aye. " Ms. Thompson: No, no, no. Vice Chair Carollo: No. It's an ordinance. Ms. Thompson: First -- Chair Sam off Oh, I'm sorry. Ms. Thompson: Wait a minute. Hold on, hold on. Chair Sam off You're right. Ms. Thompson: Are you going to open a public hearing? Chair Sam off You're right. I apologize, Madam Clerk. I was lulled into a sense of disproportion -- Ms. Thompson: I heard your -- Chair Sarnoff -- by my two to my right. Ms. Thompson: Excuse me, Chair. Before you open your public hearing -- Chair Sam off Yes, ma'am. City of Miami Page 62 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Ms. Thompson: -- I have the mover as Commissioner Gort. Chair Sam off Correct. Ms. Thompson: Is that correct? Chair Sam off That's correct. Ms. Thompson: And your seconder? Chair Sam off Suarez. Ms. Thompson: Thank you. Chair Sam off All right. It is an ordinance and it's a public hearing. Anyone from the public wishing to be heard from changing the time to qualf for the November 2, 2002 [sic] election from September 3 through September 18, 2010 at 6 p.m. to August 6, 2010 through August 21, 2010 at 6p.m., please step up. Hearing none, seeing none, the public hearing is closed; coming back to the Commission. We had a motion by Commissioner -- Ms. Thompson: Gort. Chair Sam off -- Gort, second by Commissioner Suarez. It is an ordinance, Madam City Attorney. 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 adopted on second reading, 5-0. END OF ORDINANCES - SECOND READING RESOLUTIONS RE.1 RESOLUTION 10-00742 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREA SECURITY INITIATIVE (" UASI") GRANT PROGRAM FISCAL YEAR 2009", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $10,708,461, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2009) AS NECESSARY AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, City of Miami Page 63 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES, AS STATED HEREIN; AND AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE, MONROE, AND THE CITY OF HIALEAH, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. 10-00742 Legislation.pdf 10-00742 Exhibit 1.pdf 10-00742 Exhibit 2.pdf 10-00742 Summary Form.pdf 10-00742 Fund Title.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-10-0290 Chair Sam off All right, RE.1. Chief Maurice Kemp (Fire): Good afternoon. Chair Sam off Good afternoon, Chief Kemp. Chief Kemp: Maurice Kemp, Fire chief. RE.1 is a resolution of the Miami City Commission establishing a new special revenue fund entitled Urban Areas Security Initiative grant program for fiscal year 2009 and appropriating funds for the operation of same in the amount of $10, 708, 461, consisting of a grant from the United States Department of Homeland Security. So it's the 2009 UASI (Urban Areas Security Initiative) grant. Chair Sam off All right. Let me open it up to a public hearing. Anyone from the public wishing to be heard on RE.8 [sic], which is a new special revenue fund entitled Urban Area Search Initiative program, UASI grant program for the 2009 year, please step up to the mike. Hearing none, seeing none, the public hearing is closed. Gentlemen, is there a motion? Commissioner Suarez: So moved. Commissioner Dunn: Second. Chair Sam off Motion by Commissioner Suarez, second by Commissioner Dunn. Vice Chair Carollo: Discussion. Chair Sam off Discussion to the Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. Mr. Manager, we're discussing the item for City of Miami Page 64 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 the $10 million, 10.7 UASI grant. I know we spoke about it yesterday. One of the questions I had was as far as liability. Some of this money will be passed through to other agencies andl wanted to know should they use it in a matter that is inappropriate or, you know, and maybe without malice, just don't use it the right way and it get disallowed, are we going to be liable for that money? Okay. Chief Kemp: My understanding of it is that this memorandum of understanding that would be signed between us and the participating agencies explains in detail how the money should be used and they're agreeing by signing the memo to comply with the rules and regulations pertaining to the grant. Ultimately, if you want an opinion on who is ultimately liable, I'll defer to the City Attorney, but my understanding is each agency understands and signs that they understand the rules as it pertains to the funds. Vice Chair Carollo: And they're signing -- and I'll defer to Madam City Attorney -- that understanding -- are they also saying that since we understand if we do not use it the way it's supposed to or if it's disallowed, then we hold the City free of any liability? Chief Kemp: Once again, I'll defer to the City Attorney. Chair Sam off Madam City Attorney, the question that the Vice Chair is posing to you, that those who use the UASI grant that the City ofMiami is not responsible for, do they hold the City harmless and will they indemnify us in the event the federal government, Homeland Security comes after us? Julie O. Bru (City Attorney): I'd have to review the grant. I used to do these grants about ten years ago. It's been -- Chair Sam off All right. Let's table -- Ms. Bru: -- ten years since I read that specific clause, but I would love to -- you know, I'd love to do it. If you table the item -- Chair Sam off Let's table the item. Ms. Bru: Yeah. Vice Chair Carollo: Mr. Chairman. Chair Sam off Yes, sir. Vice Chair Carollo: Before you table the items [sic], I have more questions. Chair Sam off Oh, please. Vice Chair Carollo: Can I just put them on the record -- Chair Sam off Absolutely. Vice Chair Carollo: -- so maybe --? Chair Sarnoff I'm sorry. Go ahead. I didn't mean to cut you off. Vice Chair Carollo: Do we know the amount of pass -through monies because I see a total amount of $10, 708, 461, but how much of that is going to be passed through to Hialeah, Monroe City ofMiami Page 65 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 County, Miami -Dade and so forth? Chief Kemp: It's all determined -- this is governed by -- we have an organization called the Urban Area Work Group. And to your previous question, before any projects are started, they have to get prior approval from the State through this urban area security work group process. So they are stating what they're going to do, and they're held to do that at the end. And as far as the breakdown of the monies, this group has a formula by which we decide how each municipality will get -- how much each municipality will get and there's a certain amount for the municipalities and then there's an amount that's a regional amount that's used for regional projects for the South Florida region, the Miami region. So the answer to your question is those determinations are done by the formula. Vice Chair Carollo: Do -- and chief do we know what the formula is? Because I'm just concerned because a lot of this money will be coming to us, and we are actually just going to give it to another agency. And we're -- I don't know if we're responsible to monitor. And if we are responsible to monitor, can we charge an administrative cost because I'm sure there's going to be some type of cost for monitoring, you know, monies that we're giving to other agencies, and the State is using us as a pass -through. Chief Kemp: As far as monitoring is concerned, we are ultimately responsible for all of the paperwork and all of the accounting on the funds, and we're audited every year because of the sum of money. We can expect to be audited by two or three different agencies, the State, our internal auditor general, and the federal government. So, yes, we are responsible for the accounting. And we get approximately a third of the monies that come through goes to the City ofMiami because we are the named city. The federal government decided in 2003 that there were 20 cities that were most likely to be hit by terrorist events. We were one of those cities named, which is why we are the administrators of the grant. Chair Sam off I think his question might have been -- I know my note show 3.3 million stays in the City ofMiami. But his question was of the 3.3 million, do you get to keep some of that as a result of the onerous obligation of having to do all this reporting and paperwork? Commissioner Gort: My understanding -- Chief Kemp: That is correct. We have funds for administering the grant. Commissioner Gort: Three hundred and eighty thousand. Chair Sam off Three eighty? Commissioner Gort: My understanding, it's about 380. Chief Kemp: Yes. Chair Sam off Okay. Commissioner Suarez: Mr. Chairman. Vice Chair Carollo: Is it there, Commissioner Gort? 'Cause I haven't seen it. I haven't seen the breakdown of the 10, 708, 000. Commissioner Gort: It's not there, yes. Vice Chair Carollo: It's not there. I guess you asked for it or so forth. Yeah, 'cause I don't see City ofMiami Page 66 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 it here in the backup material. So we can charge an administrative cost for the bookkeeping, the monitoring, and all that stuff? Chief Kemp: It's a lot of work, and we do use the administrative funds to perform these duties. Vice Chair Carollo: Administrative funds from the 10, 700, 000? Chief Kemp: Yes, sir. Vice Chair Carollo: Okay. Chief Kemp: If you'd like, Commissioner, I will be happy to bring staff to your office and explain any questions you might have about the grant or any of you. The same offer is extended to any of you. Vice Chair Carollo: (UNINTELLIGIBLE) table? Chair Sarnoff You want to table it? Oh, you wanted to table it to find out whether there's a hold harmless. Commissioner Gort: Yeah. Vice Chair Carollo: Yeah. Ms. Bru: We reviewed the grant between the City and the feds and that makes us responsible for the sub -recipient's compliance. Now we're looking at the sub -recipient's agreements to see whether we've -- but ultimately, we are responsible to the federal government. Now we have to see how much of that we've been able to pass through to the sub -recipients and what the guarantee is. Chair Sam off All right. Vice Chair Carollo: Table it, please. Chair Sam off Okay, but I know Commissioner Suarez wants to say something. Vice Chair Carollo: Oh. Sorry. Commissioner Suarez: Thank you, Mr. Chairman, Mr. Vice Chairman. I think I'm under the understanding that -- I was told that -- chief correct me if I'm wrong, and maybe Ms. Gomez may have to answer this question, but -- and maybe I'm -- hopefully, I'm not confused with the item. Butl was told that before we used to front that money before we were reimbursed and now we're changing the policy where we're actually not going to be fronting that money. We're actually going to be -- which I think is better -- a better practice for the City, where we're actually going to be paying it once we receive -- which could also, you know, lessen some of the impacts or some of the things that we've seen in our audit, you know, with reference to uncollected or unreimbursed grants or grants that we haven't applied for and cutting down the time frame and the cash flow impact of that. Chief Kemp: You're correct. We -- this has been an evolutionary process with this grant. Initially, we did it the way that you're describing, that is, the other agencies paid and we reimbursed them when we got the money from the federal government. And then due to audits and recommendations, we -- it was determined that the City should front the money. And now in our current cash flow situation, it's been decided that it will be an even better practice if the City of Miami Page 67 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 agencies went back to fronting the money and then they get reimbursed when we get reimbursed. So that's the direction -- working with the Finance director, the Manager and others, that's the direction that we're going to go to going forward. Chair Sam off All right. So we're going to table this for -- 'til the end of the Commission meeting. You're recognized, Commissioner Gort. Commissioner Gort: My understanding is, the cities will pay ahead of time. In other words, if they're not in compliance, we still have the money on this side. Mr. Kemp: If we don't get reimbursed because they weren't in compliance, then they won't get reimbursed in the new model where they front the money. Carlos A. Migoya (City Manager): Or the other alternative could be that you let the County manage this thing and then we lose control over the grant as well, which is another possibility. One of the good things about doing it this way, as I understand it -- and Chief Kemp, you can add to it -- is the fact that we are -- by us administering the grants, we actually have better control as to how the grants are done. Chief Kemp: Our Chief Allen Joyce is the urban area administrator for the grant. He is the person that manages our grant, which is a very important position because, as the Manager indicated, the County would love to manage this grant. At least years ago, they would love to have managed the grant because you're in a position to have more say-so as to how the monies are spent. It's part of a process, the Urban Area Work Group process, but we get a third of the funds because we are the city that was named as most likely to be hit by terrorists -- terrorism. So there have been huge benefits to this grant for the City ofMiami, for the South Florida region and for the other agencies that participate. Chair Sam off All right. Let's table -- we're going to table this. Do you have an answer? Ms. Bru: We've reviewed the grant requirements and, in fact, there is an indemnification and hold harmless provision that is received from the sub -recipients back to the City as the -- Chair Sam off You satisfied with that, that that legally is enforceable? Ms. Bru: It is. And it also -- it's a requirement -- it's an actual requirement of the federal government agreement that the sub -recipient -- Chair Sam off All right. Ms. Bru: -- hold harmless the City as the recipient, so -- Chair Sam off All right, gentlemen, is there a motion on RE. 8 [sicg? Commissioner Dunn: We already have -- Priscilla A. Thompson (City Clerk): You already -- I'm sorry. You already -- yes. I'm sorry. Chair Sam off All right. Any -- Ms. Thompson: You have a motion by Commissioner Suarez, second by Commissioner Dunn. Chair Sam off -- further discussion? All in favor, please say "aye. City ofMiami Page 68 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 The Commission (Collectively): Aye. Chair Sam off You have a -- Chief Kemp: One thing to try and snatch defeat out of the jaws of victory -- Chair Sam off About to say -- Chief Kemp: -- in your package -- Chair Sam off -- you know what Judge King taught me. -- Commissioner Dunn: Victory out of the -- Chair Sam off When you hear the -- Commissioner Dunn: -- jaws of defeat. Chair Sam off -- word "granted, "you just walk away. Commissioner Gort: You walk away. Chief Kemp: The package -- Chair Sam off See that right there? All right, motion to reopen. Chief Kemp: The breakdown is in your package, including the administrative costs. Thank you. Chair Sam off Thank you, chief. RE.2 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. City of Miami Page 69 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 RE.3 10-00753 Department of Purchasing 10-00752 Legislation. pdf 10-00752 Summary Form.pdf 10-00752 Tabulation Summary. pdf 10-00752 Tabulation -I PA. 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 I FB. pdf 10-00752 Group 1-Shirts. pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, 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 RE.2 was deferred to the City Commission meeting currently scheduled for July 22, 2010. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE ACQUISITION OF PLAYGROUND/PARK EQUIPMENT AND PARTS, SURFACING, SHADE STRUCTURES AND FITNESS TRAILS, FROM VARIOUS VENDORS, AWARDED UNDER THE SCHOOL DISTRICT OF PALM BEACH COUNTY BID NO. 10C-54B, EFFECTIVE THROUGH MAY 2, 2015; CLAY COUNTY BID NO. 08/09-3, EFFECTIVE THROUGH JANUARY 13, 2012; PALM BEACH COUNTY BID NOS. 08-051 AND 08-051R, EFFECTIVE THROUGH AUGUST 22, 2010; AND THE SCHOOL DISTRICT OF OSCEOLA COUNTY BID NO. SDCO 09-B-082 CJ, EFFECTIVE THROUGH MAY 18, 2012, ON AN AS -NEEDED CONTRACTUAL BASIS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE RESPECTIVE ISSUING AGENCIES; 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. 10-00753 Legislation. pdf 10-00753 Summary Form.pdf 10-00753 Tabulation. pdf 10-00753 Solicitation -Palm Beach.pdf 10-00753 Email. pdf 10-00753 Notice of Decision. pdf 10-00753 RFB.pdf 10-00753 Email 2.pdf 10-00753 Bid. pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0291 City of Miami Page 70 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 RE.4 10-00764 Office of Strategic Planning, Budgeting, and Performance Chair Sarnoff All right, RE.3. Commissioner Gort: 2. Chair Sam off No, 2's off right? RE.3. Glenn Marcos: Good afternoon, Commissioners. Glenn Marcos, Purchasing director. RE.3 is an item before you. It's a recommendation to piggyback off of various government agencies' contracts for the procurement of playground park equipment. This contract will be used on an as -needed, when -needed basis. Chair Sam off All right. RE.3 is a playground equipment and parts, surfaces, shade structures, fitness trails from various vendors. Is there anyone from the general public wishing to be heard on RE. 3? Hearing none, seeing none, coming back to the Commission. Is there a motion? Vice Chair Carollo: So moved. Chair Sam off Motion by the Vice Chair. Commissioner Dunn: Second. Chair Sam off Second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye.' The Commission (Collectively): Aye. Chair Sam off Unanimous vote on RE.3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 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 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, 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 RE.4 was deferred to the City Commission meeting currently scheduled for July 22, 2010. Chair Sam off RE.4. Oh, RE.4 has been taken off. Vice Chair Carollo: Deferred. City of Miami Page 71 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Priscilla A. Thompson (City Clerk): RE (Resolution) -- Chair Sam off RE.5. Alyce Robertson: Good afternoon. Chair Sam off You're recognized for the record. Ms. Robertson: Alyce Robertson, executive director of the Miami Downtown Development Authority. The item that's before you today is setting the maximum millage for the Miami Downtown Development Authority District at the .5 mill rate. It has been at this rate since 1965, since the inception of the DDA (Downtown Development Authority). This rate -- also our tax roll has fell this year, as many of the other tax rolls did. And our -- it went down 11 percent. This repre -- at this level, this represents a 9.42 percent decrease and -- of the roll -- over the rollback rate of 5520. But the DDA is restricted by law of staying at .5. So even if we weren't above -- or below the rollback, we couldn't go above that rate. So this is before you. If you have any questions, I'd be glad to answer those. Chair Sam off All right. Is -- let me open up to a public hearing. RE. 5 is the proposed millage rate for the Downtown Development Authority. Is there anyone from the general public who wishes to speak before RE.5? Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Is there a motion? Commissioner Suarez: Move. Chair Sam off Motion by Commissioner Suarez. Is there a second? Second. I'll second the motion. Commissioner Suarez: Can I just --? Vice Chair Carollo: Hold on, hold on. Let me -- okay, so there's a motion by Commissioner Suarez, seconded by Chairman Sarnoff. Any discussion? Commissioner Suarez: I just want to make -- Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: -- kind of one philosophical point. You guys, the DDA, you're at your cap in terms of the millage rate. The reduction in the ad valorem values is obviously going to reduce your budget by 9 or 10 percent. Ms. Robertson: Eleven percent. Commissioner Suarez: Okay, 11 percent. And you guys are still going to survive, right? Ms. Robertson: Yes. Commissioner Suarez: You're going to make it? Ms. Robertson: No. In fact, we've been preparing for this moment. We saw it coming, and we've been holding back money, cutting back on administrative expenses to prepare for this day. City of Miami Page 72 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Suarez: I just wanted that to be aired out andl wanted that to be made public because there's this notion that -- you know, you guys are up against the ceiling and you're able to still make it work somehow. You know, you plan for it, you cut back on expenses, and you know, you have no ability to generate more revenue, but you were able to make it work. Ms. Robertson: Right and -- Commissioner Suarez: So I just want to make that kind of philosophical point for my own -- Chair Sam off Commissioner Suarez, I -- Commissioner Suarez: -- purposes. Chair Sam off I'm sorry, Mr. Vice Chair. Vice Chair Carollo: Go ahead, Mr. Chairman. Chair Sam off So you know, Commissioner, we had a workshop and we projected 15 percent and budgeted for 17 percent. So we're within what I think is, you know, prudence, but we -- I don't want to deceive you either. We still have some things to do. Commissioner Suarez: No. And I think the point is that you did the right thing. You did it right. You know, you budgeted for the worst -case scenario and it turned out to be not as bad as what you anticipated, which is actually a good thing, and so you were able to basically live within your means, even though you have this cap that you cannot exceed. And it just goes to show that if you plan and you do things properly, you can, you know, make things work. I just want to make that point, andl wanted you to express that. Ms. Robertson: Thank you. Vice Chair Carollo: Thank you. Did you close the public hearing, Mr. Chairman, do you recall? Ms. Robertson: Yes. Ms. Thompson: Yes. Vice Chair Carollo: If not -- yes? Ms. Thompson: Yes, he did. Vice Chair Carollo: Okay, coming back -- Ms. Thompson: But be -- Vice Chair Carollo: I'm sorry? Ms. Thompson: I'm sorry. Before you vote, I have in my hand a substitute to your resolution that would make it an actual modified resolution, and I did not hear Ms. Robinson [sic] state it on the record, so I wanted to make sure -- Commissioner Suarez: As modified. Ms. Thompson: -- that we're working with the substituted document being included. City of Miami Page 73 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Ms. Robertson: That's correct. Ms. Thompson: Thank you. Ms. Robertson: The reason there's a substitute is because the tax roll is released on July 1, the property appraisal roll, and the agenda deadline preceded that, so we are substituting the actual amounts that were in there. But the .5 mills has been the same every year, so it's just the Commissioner Suarez: I accept the modification. Ms. Robertrson: -- rollback -- what the rollback rate was. Vice Chair Carollo: I have a -- Commissioner Suarez: I accept the modification. Vice Chair Carollo: -- motion by Commissioner Suarez. I have a seconder, Commissioner Sarnoff -- Chairman Sarnoff. Any further discussion from this Commission? 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: As modified. Ms. Robertson: Thank you. Vice Chair Carollo: As modified Thank you. Ms. Thompson: Thank you. Commissioner Gort: Mr. Chair. Chair Sam off You're recognized. Commissioner Gort: Do we have Crazy Glue here, by any chance? Ms. Thompson: What'd he say? Commissioner Gort: Do we have Crazy Glue here, by any chance? This thing keeps popping up all the time So does his. Chair Sarnoff All right. Post Crazy Glue, we're going to commence. RE.5 RESOLUTION 10-00754 Downtown A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A Development PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN Authority DEVELOPMENT AUTHORITY ("DDA") OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING City of Miami Page 74 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 SEPTEMBER 30, 2011; DIRECTING THE EXECUTIVE DIRECTOR 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 DDA'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 10-00764 Legislation. pdf 10-00764 Cover Memo. pdf 10-00754-Legislation-SUB. pdf 10-00754-Submittal-Board Memo -Substitution for Item RE.5.pdf 10-00764 Board Resolution.pdf Motion by Commissioner Suarez, seconded by Chairman Sarnoff, 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-10-0292 RE.6 RESOLUTION 10-00777 Virginia Key Beach A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Park Trust ATTACHMENT(S), APPROVING AN AMENDMENT TO THE VIRGINIA KEY BEACH PARK TRUSTS (TRUST') FISCAL YEAR 2009-2010 BUDGET, ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $216,519.51, CONSISTING OF THE TRUST'S REVENUE FUND BALANCE AND PROJECTED REVENUE, AS STATED HEREIN. 10-00777 Legislation. pdf 10-00777 Exhibit. pdf 10-00777 Summary Form.pdf 10-00777-Submittal-Virginia Key Beach Trust Fund Balance and Trend Fiscal Years 2005 Thru Bu 10-00777-Submittal-Virginia Key Beach Trust Fiscal Year 2009-2010 Budget Consolidated.pdf NO ACTION TAKEN Vice Chair Carollo: RE.6. Chair Sam off RE.6. It is the budget for Virginia Key Trust. Boy, talk about -- Commissioner Gort: Uh-oh. Chair Sarnoff -- somebody's shoes I wouldn't want -- Commissioner Gort: Uh-oh. Chair Sarnoff -- to be in. Commissioner Gort: Uh-oh. Guy Forchion: Good afternoon Mr. Chairman, Vice Chairman, Commissioners. Guy Forchion, executive director for the Virginia Key Beach Park Trust. This resolution before you is asking for the approval of a budget amendment of $216,519.51 that consists of trust revenue funds and projected revenue to September 30. I'm definitely here for any questions or information that you need concerning this. City of Miami Page 75 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off All right. Commissioner Dunn: Mr. Chairman. Chair Sam off Let's open it up to a public hearing, and then we'll come back to the Commission. Anyone from the public wishing to be heard on RE.5, excuse me. Priscilla A. Thompson (City Clerk): 6. Vice Chair Carollo: 6. Chair Sam off That is -- 6, I apologize. RE.6, which is the resolution approving the Virginia Key Trust budget, please come to the microphone. Hearing none, seeing none, coming back to the Commission. Commissioner Dunn is recognized for the record. Commissioner Dunn: Mr. Forchion, as you, I'm sure, have witnessed, there have been a plethora of questions regarding the Virginia Key Park Trust. And guess at this time, we've got to get some answers before any action of any sort could be taken. So I yield to my colleagues. Mr. Forchion: Understood. Any -- Vice Chair Carollo: Mr. Chairman. Chair Sam off The Vice Chair is recognized for the record. Vice Chair Carollo: Mr. Executive Director, were you aware that I had requested several times for you to come before us or someone from your organization to come before us with regards to why you were late in issuing your audited financial statements? Mr. Forchion: I was aware of it after the fact and one time, not more than one time. But one time by my chairman, who was present and made a presentation, to my understanding, as to why the audit was late. Vice Chair Carollo: Does any Commissioner remember the chairman of Virginia Key Park Trust coming before us and making a presentation on why the audited financial statements was [sic] late? And there was a second part. I also requested the auditors -- your auditors to come before us and let us know because the truth of the matter is, the auditors and your organization could have very different reasons to why the issued financial statements were late. So does any Commissioner remember 'cause I surely don't? Andl think I would have remembered. So no? Mr. Forchion: The -- I was not aware that you requested also our auditors, but after my chairman came back from that meeting and told me that you had made that request, I followed that evening and sent a memo to you and copied this entire body explaining point for point why it was running late. I've contacted my staff now and I'm hoping they can bring a copy of that memo now because I would love to read that point to point, but I can go over -- Chair Sam off Could you just -- Mr. Forchion: -- some of the history -- Chair Sam off Sure. Could you tell us why? Mr. Forchion: -- of what occurred. If you remember in the second meeting of September last City of Miami Page 76 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 year, the Trust budget was zeroed out. And in that zeroing out, it was actually extended over to the next Commission meeting. That actually rolled into the meeting of December 17 before we actually came before this body. At the end of October, our entire staff was laid off. So there were no employees of the Trust. That lasted just a couple of weeks. And members of the Trust board asked ifI would participate and keep things moving along, and at that time, I came on as a consultant, 90 days, for transitional services so that we could put a lot of things in place. We had an audit that still needed to take place. But to cut to the chase on that, that delay in loading our budget on December 17 that was approved -- and it was not the entire budget; it was 433, 346, and we had $234,000 still held out. And this body requested if, at a later date, the Trust needed those funds, to come back before it. That December 17 date, the budget is not loaded instantaneously, as we're all aware, and that took place in January. At that point, we have no capacity to spend money, which is a predicament we're in right now for creating purchase orders. Vice Chair Carollo: Mr. Chairman. Mr. Forchion: Our budget is not funded. I'm sorry, Commissioner. Vice Chair Carollo: Mr. Chairman, ifI may? Chair Sam off You're recognized. Vice Chair Carollo: I understand what you're saying. I also believe that we're mixing apples with oranges. The audit was for the previous years. Therefore, the monies to pay for that audit should have been from the previous budget, not this coming budget. Mr. Forchion: No. Again, it's -- Vice Chair Carollo: Therefore, you're mixing apples with oranges. Mr. Forchion: Well, again, that budget -- because we're going before loading our budget now when we were there in September '09. It is for the dollars we'll spend now. And so when they were frozen, we still had no dollars to spend -- Vice Chair Carollo: So -- Mr. Forchion: -- until January. Vice Chair Carollo: -- you're saying that you had no dollars from the previous budget -- okay, no dollars from the '09 budget to spend for the '09 audit? Mr. Forchion: Correct. Because, again, it is paid in the budget -- that audit is paid in 2010, and it is not loaded. Our budget was not loaded. We rolled over funds but could not pay. Vice Chair Carollo: No, no, no, no. You do not pay last year's budget with the following year's monies. Mr. Forchion: When -- Vice Chair Carollo: You should have properly had money set aside for that year's audit. In other words, for this year's audit, you should have money set aside to pay for that audit. You don't carry it over to the next -- Commissioner Suarez: Mr. Chairman, I just want to add something to what the Vice Chair just City of Miami Page 77 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 said, ifI may? Chair Sarnoff Oh, I'm -- please. I'm sorry. Commissioner Suarez: When we approved the -- if I'm not mistaken, when we approved the Decem -- the budget in December, I'm almost certain that there was a line item in that break -- the budget breakdown for auditing services. Mr. Forchion: Yes. Commissioner Suarez: So I think what the Vice Chairman is trying to say is, in 2009, although we didn't approve that budget, I'm certain that there was a line item in that budget -- Vice Chair Carollo: Exactly. Commissioner Suarez: -- for auditing services, so that money should be there. That shouldn't be an excuse why the audit wasn't -- because this is -- I don't know if you were here for the entire discussion beforehand. What happened was three agencies did not provide their audits on time; therefore, our City's audit was late, which caused us to be delayed in our credit rating, in closing our books, and has cost us -- there's been statements on the record that it's cost us millions of dollars, the delay in our ability to bond for the Marlins parking garage. So understand the predicament that we're in. We are trying to hold these agencies accountable for these delays because they are costing the taxpayers of the City ofMiami millions of dollars. And the Vice Chairman's point, which I think he very clearly stated, is that there should been -- the excuse that you're proffering now to me doesn't make any sense, and I don't think it makes any sense to him, you know. There should have been money there to pay for the audit. The audit should have been done beginning, you know -- I don't know. I mean, I'm not an expert, but I'm saying at the beginning -- the end of the fiscal year is the beginning of the audit. No? Vice Chair Carollo: What -- your fiscal year is what, September 30? Mr. Forchion: Yes, September 30. Vice Chair Carollo: Yeah. By -- Mr. Forchion: Right along with the City. Vice Chair Carollo: -- November, December, they should have already had the letter out and start, you know, the audit. Mr. Forchion: Right. And that process began at that time. The auditor engaged us in December. Andl can tell you, Mr. Spring made it painfully clear to us how this could affect the City budget. Vice Chair Carollo: Not good enough. Mr. Forchion: He -- well, I would say that he did a very good job in making sure that we moved forward. And so we moved it forward as far as we could in January because, again, the line item is there, but our dollars do not move until the budget is loaded. We have no ability to spend those dollars. Commissioner Suarez: Mr. Chairman, ifI may? Again, I'm --I have to harp on what the Vice Chairman said. In 2009, your budget was loaded, okay. City ofMiami Page 78 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Forchion: In 2009 -- and you're speaking to October 1 ? Commissioner Suarez: Correct. Mr. Forchion: And that's what I'm saying; it was not. Commissioner Suarez: You're saying that your '09 budget was never approved? Mr. Forchion: I'm saying that our '09/2010 -- Commissioner Suarez: Right. Mr. Forchion: -- budget was not approved until December 17. Commissioner Suarez: Of 2009? Mr. Forchion: Of '09. Commissioner Suarez: You're saying the budget which began September 1, 2008 and ended -- Mr. Forchion: No. I'm sorry, go ahead. Commissioner Suarez: Yeah. -- October 30, 2009, that that budget was not approved until December 2009? Mr. Forchion: No. That budget was approved. I'm speaking to '09 -- Commissioner Suarez: And what the Vice Chairman -- Mr. Forchion: -- 2010. Commissioner Suarez: -- is saying is that in that budget, which began October 1, 2008 and ended September 30, 2009, there should have been set aside money to complete the 2009 audit. Mr. Forchion: Those dollars -- and maybe that is something in our finance department that should have been arranged that way. But I can tell you that in the '08-'09 budget, those dollars paid for the actual audit that took place in early '09. The line is there and it took care of the audit that took place in early '09. Commissioner Suarez: Then that sounds to me like that's a pretty bad financial practice, that they're using the next year's budgetary money for audits to do the prior year's audit and -- Vice Chair Carollo: I honestly think he -- I honestly think you're mixing apples with oranges, all right. Mr. Forchion: Understood. Vice Chair Carollo: Yeah. I honestly think you're mixing apples with oranges. We're talking about -- and I'm not exactly sure how -- andl need to see some financial statements, but the '08/'09 budget is what we're talking about. Mr. Forchion: Yes, '08/'09. Vice Chair Carollo: And I'm sure there was a line item there for auditing services. City of Miami Page 79 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Forchion: Yes, there was. But I'm just trying to say that -- Vice Chair Carollo: And that was not approved in December of '09. Mr. Forchion: Correct. Vice Chair Carollo: That was approved possibly December of '08. Mr. Forchion: No. It -- and it was not. That was approved in the second meeting in '08. Vice Chair Carollo: Right. So that goes to what we're saying, that the money should have been there so you could have paid the auditors and -- in other words, the '09/'010 [sic] budget had nothing to do with the previous year's audit of '08/'09, nor the funding -- Mr. Forchion: Right. Vice Chair Carollo: -- 'cause the funding should have been there. Mr. Forchion: Correct. Vice Chair Carollo: So what we're saying is that the excuse that you're giving us is really not valid, with all due respect. Mr. Forchion: And understood. What I'm trying to say is that at September 30 -- and we have dollars that roll over, and in the budget that we presented to you, it had a line item there for auditing services, $23,000, and those dollars -- again, when the budget gets loaded, typically October 1, then those dollars will pay for that audit. Now that may be a financial practice that -- I can't really speak to that. We had a finance director. And I can tell you that that payment process into the next fiscal year has been in place because, again, all funds are frozen -- Commissioner Suarez: Mr. Chairman -- Mr. Forchion: -- in September 30. Commissioner Suarez: -- do we have our Finance director here or maybe the Manager can answer this question? Because it -- you seem to be re -- he's saying he can't conceive of it being that way. I can't conceive of it being that way. But the way that you're describing it, it almost makes it seem like you're using the next year's money to do the prior year's audit, and you're saying that the delay in getting the next year's money is what caused you to be delayed in doing the prior year's audit. And -- is that what you're saying? Mr. Forchion: Yes. There were other factors. And again, I mean, I -- andl have a copy of the memo here andl can go over some of those items, but -- Commissioner Suarez: And what I'm saying is -- and I think what the City -- I don't want to put words in your mouth, Mr. Vice Chairman, but that's -- not only does that seem to be a bad accounting practice, that seems to be a bad financial management practice, bad budgeting practice, and it's a practice that has cost us -- Mr. Springs [sic]. Larry Spring (Chief Financial Officer): I'm sorry. I didn't hear the question. Commissioner Suarez: It's okay. Let me re -- City of Miami Page 80 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: Sidebar. Commissioner Suarez: -- let me kind of -- Chair Sam off If he's going to have a sidebar -- Commissioner Suarez: Or Ms. Gomez. It doesn't matter. Anyone can really answer this, I think. Chair Sam off Well, let's do this. Let me let Commissioner Dunn -- yield -- do me a favor. Yield to Commissioner Dunn -- Commissioner Suarez: Yes, I do. Chair Sarnoff -- and then we'll come back with the practice. Commissioner Dunn: Let me say, Mr. Forchion, you -- I mean, this places me in a terribly awkward position. I need to go on record saying that because given our situation in the City, given what the Virginia Key Trust Park, what it means and what it's all about, you've got to give us more than what I -- I mean, it's -- and then the other question I have is this has been articulated and communicated for several -- for months. This has been on the record and for it to just come now to these Commissioners, to this body, really, it puts me in a defenseless position. I mean, I -- you got -- Mr. Forchion: And ifI may, Commissioner. Andl hate that you would feel in that position -- Commissioner Dunn: I do. Mr. Forchion: -- and we in no way would want any -- Commissioner Dunn: But more so -- Mr. Forchion: -- Commissioner of the City to feel in that manner. Commissioner Dunn: -- for what Virginia Key Park Trust represents, more so than that. Mr. Forchion: Most definitely. And ifI can touch on a few of these items, and I'm looking at the memo at the time that I sent to this body and to Commissioner Carollo. The original audit agreement had four phases, planning and risk assessment, two weeks into October '09; field work, three weeks in October, November '09; data analysis, formulation of findings, two weeks in November 2009; and a fourth segment, final test work and reporting, two weeks in December '09, with a final completion deliverables of January 15. That's what was in the agreement. The audit agreement was not signed until October 30 and again, on September 30, the entire Trust was laid off. Our budget was zeroed and all of us were laid off. During August and September '09, the City ofMiami budget process reduced the Trust budget to zero. It's my understanding that the executive director and finance director at that time were negotiating with the City of Miami to add the Trust external audit to the City's. The City declined. The Trust fiscal year 2010 budget was not approved by the Commission until January 21, 2010 and was not effectively loaded following the Trust -- loaded allowing the Trust to issue purchase order requests until early February because again, if it's not loaded, we can't spend a dime. Commissioner Suarez: Can I stop you right there? Mr. Forchion: Yes. City ofMiami Page 81 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Suarez: I just have a question on that. Why couldn't you issue the purchase order for the audit prior to the loading of the new budget? In other words -- Do you understand what I'm saying? My -- Mr. Forchion: I do. Commissioner Suarez: And again, this is -- I know I'm kind of -- I'm harping on the same point andl admire you for sitting here -- kind of standing in the fire 'cause this is -- Mr. Forchion: I've got to. Commissioner Suarez: You've got to. And this is something that's been building up all day, you know, so -- you know, everyone else is going to have to do it as well. Why wasn't that purchase order made in last -- in the prior year's budget when really that expense relates to the prior year's budget? Mr. Forchion: That I can't speak to. I was the director of operations. But I can say that the agreement to move forward -- and this was the first year of a three-year auditing process that we just entered into. We had a different auditor for three years, put out to bid, got the new group, Harvey, Covington and Thomas. This was their first year to begin, and that agreement didn't get signed until October 30. That was literally the last day that all of us were employed, and then the executive director at that time signed that agreement because it was clear the audit had to take place. So the agreement got signed October 30, 2009. Chair Sam off If -- maybe I could give this Commission a little historical prospective. This, with all due respect, is in my district. We've had a pretty healthy -- sometimes healthy, sometimes antagonistic relationship. And maybe, ifI go through some of your fiscal year budgets, this Commission will gain an understanding as to how funded you were, some of your past practices, some of your robust carry forward balances and how you got those carry forward balances. For instance, prior to me being here, you had received $9 million from the City of Miami in 2005. You carried forward from the previous years $824,000. You, like everybody else back then, got some interest revenue, and you got some grants, and you had a $1, 797, 000 budget. You spent approximately $1.2 million. You had six full-time employees. In 2006, you increased your contribution from the City ofMiami to$1.3 million; again, before I got here. You had a carry forward balance of $519, 000. And essentially, you were operating on $1.9 million, and you then started to increase the number of people you were bringing on board. In 2007, when I did get here, I was cautioning you guys about how fast you were in hiring people because I thought you were way ahead of yourself but you were able to get $1.6 million from the City ofMiami. You were able to carry forward $586, 000, you then spent $2.3 million, and you continued to grow. Now, I think you opened in 2008. Mr. Forchion: 2008. Chair Sam off Right. And again, you started -- the decline from the City ofMiami started to happen. And my point of the whole exercise here, 'cause I could push you forward, is look at your carry forward balances. What you were doing was telling the City ofMiami for years and years and years, we need 20 employees, 15 employees. You wouldn't hire that many employees and you would carry forward your budget. That was your practice. Then it came time when you started to say we're going to open and you started employing people and you started using some of your carry forward balance. But my point, listening to Commissioner Suarez and listening to the Vice Chair and you saying our budget wasn't approved, you had the money to pay the budget -- or excuse me, to pay the audit, undoubtedly. As a matter of fact, ifI were to ask you what's in the bank account now -- what is in the bank account? City ofMiami Page 82 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Forchion: The bank account right now is the 166, 519.51. That's our revenue deposits from October 1 last year to May 19 this year. We have 106 and some dollars that are in a carryover fund that we just recently pulled out of Oracle. It was informed to us on Oracle, which, to my understanding, is on hold, which is why this request here is purely the revenues we've earned this year and a projection of $50, 000, which is what we will earn from May 19 'til September 30. Chair Sam off And that -- Mr. Forchion: And at that point, we would carry over 106. Chair Sam off -- brings an interesting topic because you are asking us for $216, 000. You're telling us how you anticipate spending the $216, 000, but you don't even describe how it is you're going to derive your revenues. Mr. Forchion: Well -- Chair Sam off Nowhere on this paper is a description of revenues; merely expenses. Mr. Forchion: Well, revenues are earned from the amusements on the property and the entry fees that we charge on weekends, and then rentals of pavilions on the park. We have a few major events that take place -- Chair Sam off I understand that. Mr. Forchion: -- and fundraising but that is it. Chair Sam off But you realize that no Commissioner up here has the historical knowledge -- or maybe they do, andl shouldn't speak for them but some of them may not have the historical knowledge. They certainly don't have a revenue -generating budget to show how you're going to do it, whether it's a carousel, whether it's entrance fees, whether it's -- you did the -- I want to get this right -- renaissance festival. Mr. Forchion: Renaissance fair. Chair Sam off Maybe they're coming back again the year -- next year; whether it's, I don't know, any parties that you guys were able to generate. Nobody sees the revenue side. What they do see -- andl can't account for $233,000 'cause ifI look at the old budget, in fiscal year 2010 your carry forward budget was $233,000. Mr. Forchion: Correct. Chair Sam off So if you're going to have, you said 50,000 -- did you say 50,000 in revenue? Mr. Forchion: Fifty thousand in revenue from May 19 'til September 30. Chair Sam off Shouldn't I be looking at a $283,303 budget, and then having still a residual leftover in 2010 of approximately 70 or $65,000? Mr. Forchion: Again, the 233 that you're showing is a number that was given to us in -- at October 1 last year. That number is now 106. Chair Sam off I -- you know, I got to tell you, I don't -- beyond the issue of your tardy audit City of Miami Page 83 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 and the cost associated thereto with the Marlins stadium -- or Marlins parking garage, to be more accurate, I don't think I have enough information to make a vote on a budget. I just don't see it. I mean, like -- what you're doing is you're saying here's some numbers, and you can't describe to me (UNINTELLIGIBLE) -- where did the 3 -- $233,303, how did that become 160 -- you said 1 -- how much was it, 1 --? Mr. Forchion: No. One hundred and six thousand dollars. Chair Sarnoff One hundred and six. How did that become $106,000? Mr. Forchion: Those dollars, the 233, we have been allowed to operate using some of those dollars. Again, when we had our budget passed at $433, 000, October -- from October 1 to October 30 was the departure of roughly 17 individuals, the staff of the Trust. Many of them and our executive director at that time, his contract had severance pay in it, individuals -- and I'm just explaining where the costs were. We had a budget of $433, 000 and then -- Chair Sam off What was the --? Mr. Forchion: -- October alone, we spent $180,000 in the departure of the entire staff. Chair Sam off What was his severance? How much did he get? Mr. Forchion: That I don't know, but I'd be happy to get all of those numbers to you, but the entire month was 180, 000. And then unemployment for several of those individuals, residual because, again, the finance department and the director, we were not with finance -- we were not with unemployment insurance where a portion was being paid away. Again, that is why I moved forward and said in transitional services for the Trust, a lot of things needed to be dealt with when this board zeroed its cost. Chair Sam off You're telling me that the Virginia Key Trust had to pay unemployment without regard to having insurance? Mr. Forchion: Yes, it did. That was approximately $50,000. Chair Sam off I mean, with all due respect, what the hell was your executive director doing? Mr. Forchion: This project has come a very long way and -- Chair Sam off No person in America operates a business without unemployment insurance, unless you're General Motors, and even them, they should have. Mr. Forchion: It was not a direction that -- I'm sure different members of the staff wouldn't have gone at that time. Again, those decisions were made by the director at that time. What we were facing in October were those liabilities. Chair Sam off All right. Okay, so let's move this somewhere. What do we have? Do we have a motion, gentlemen? Commissioner Gort: I don't think so. Chair Sam off All right, this was S -- this is -- Ms. Thompson: RE.6. City of Miami Page 84 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sarnoff -- RE. 6. Is there a motion to approve the budget? All right, thank you. Mr. Forchion: Thank you, Commissioners. RE.7 RESOLUTION 10-00785 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION CHANGING THE START Commissioner OF THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENTS Wifredo (Willy) FISCAL YEAR, FROM OCTOBER 1 TO APRIL 1, EFFECTIVE APRIL 1, 2011; Gort AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-00785 Legislation.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-10-0307 Chair Sam off RE.7. Vice Chair Carollo: Mr. Chairman. Chair Sam off You're recognized for the record. Vice Chair Carollo: I think RE.7 is something -- andl think-- and we actually had a discussion on this before andl wish I would have participated in it a little bit more 'cause I have some questions. Andl think I was supposed to speak with Alfredo Duran from CD (Community Development) yesterday, andl don't know what happened; we never did. But there's -- I'll yield to Commissioner Gort. Commissioner Gort: (UNINTELLIGIBLE) that we're looking at the year that we have coming up and the problems that we have financially, so we thought it was a good idea to change the fiscal year for the reason being that we'll get additional funding in April. All we're doing is changing the fiscal year from the previous (UNINTELLIGIBLE) October 1 to September 30 to April 1 to May 30. The reason being is to get some additional funding within the City ofMiami that we can go ahead and apply it to Capital Improvements and so on. Vice Chair Carollo: Mr. Chairman. Chair Sam off You're recognized. Vice Chair Carollo: Oh, I understand your intentions extremely well and, you know, I commend you for thinking outside the box. However, I don't know if it's necessarily additional funding. I think what it'll be is we're -- the funding will just come sooner -- Commissioner Gort: Right. Vice Chair Carollo: -- but it's not necessarily additional funding. And then some of the questions I had -- we just went through the CDBG (Community Development Block Grant) progress, so my question would be, do we need to start a CDBG process right now and are we going to be --? The same thing that just happened June 21, is it going to be happening in Christmastime, Thanksgiving time where --? You know, that -- I think -- yeah, I think that's City ofMiami Page 85 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 going to be issues. I mean -- George Mensah: George Mensah, director of Community Development. If this resolution passes, it means that we have to do an amended annual action plan, so we have to come -- Vice Chair Carollo: That's what I thought. Mr. Mensah: -- and then we would have to take back all the monies (UNINTELLIGIBLE) allocated because this will be a half a year, and so we will have to go back and reduce the allocations so that they can be -- otherwise, it will give them a lot more money to spend within a short time -- short period of time. That would defeat the purpose, so we will have to do an amended annual action. Vice Chair Carollo: And that's why -- Commissioner Gort: That was not my understanding. My understanding, we weren't going to reduce and get money back. My understanding is we had to spend the money within the period that we had. Mr. Mensah: Well, if we do that, then that means is that -- for example, we just gave -- and I'll give an example, let's say Curley [sic] House, because that's one. We just gave Curley [sic] House, let's say, $20, 000 for 12 months. If we compress it, which means that they'll be spending the $20,000 in six months -- Commissioner Gort: Well -- Mr. Mensah: -- which means you've giving them a lot more money than they normally would have got. So that's the advantage of -- Vice Chair Carollo: Yeah. Mr. Mensah: -- that. But what we decided not to do was that if we're going to do this, then we're going to make sure that nobody gets more money so we will have to scale back so that we will prorate the amount of money that we'll give them. If we were giving them 20,000 for one year, then we'll cut it back and give them $10, 000 for six months so that they don't get more money than they have to. Vice Chair Carollo: Exactly, and that was my point. It's not additional funding. I mean -- Mr. Mensah: No, no. Vice Chair Carollo: -- there's no additional fundings [sic]. All it is, we're changing the time frame and I -- you know, in my opinion, I think we're going to throw a lot of things off. They have a much shorter time to spend the money. We're going to be in Christmas and Thanksgiving going through exactly what we just went through in -- you know, June 21 where we're going to have all these people before us. I don't know if it's the appropriate time. You know we also had the issues with the Mayor's property [sic] initiative that he, you know, did the additional funding. I don't know if by then we'll be ready to see where we're at with that. So that -- you know, and those are my concerns that -- and again, I know we had a discussion item on this andl wish I would have participated more, and you know, a lot of this just hit me when I -- we just went through CDBG funding, so I guess at the same time, I gained a little more experience having gone through the process and now seeing what the process really entails. Commissioner Gort: My understanding, the process is the same one we gone through. We City of Miami Page 86 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 have to go to the public hearings, where we have to show all the expenditure, which we -- Vice Chair Carollo: Right. Commissioner Gort: -- all did in one night at the same time. My understanding is that this can be adjusted so the people can go ahead and use the money. I mean, if you want to defer for a few minutes or something, let somebody talk to you because that's the way it was explained to me. Now, if we're changing the ballgame, then that's a different ballgame. Vice Chair Carollo: Yeah. And that's exact -- and Commissioner Gort, I always welcome, you know, discussion and debate and so forth -- Commissioner Gort: Sure. Vice Chair Carollo: -- because, you know, I think it's important. I think, you know, before, you know, we vote on any item, we all should know exactly what we have, you know. Commissioner Gort: No, I understand. Vice Chair Carollo: And whether the Administration told you one thing or another, I don't know. All I'm seeing is, especially having gone through the process now, I'm more educated on what this is. Commissioner Gort: Yeah. Vice Chair Carollo: And it seems to me like we're going to start the process I think now. I mean, right away we need to -- ifI remember correctly, andl had various discussions with Mr. Mensah because everything was told to me about the process in the last minute until I said, you know what, I need a timeline. I need a timeline to see what comes what because we have 30 days prior notices and that started back in -- I remember -- Mr. Mensah: January. Vice Chair Carollo: January. Mr. Mensah: January. Vice Chair Carollo: And it wasn't even January. It was actually December. Mr. Mensah: December. Yeah, you were here. Vice Chair Carollo: You know, I remember. I mean, you had my staff running around, you know. So then that means that we will have to start now. Mr. Mensah: Actually, when we looked at the timeline, we have to start September 15 to be able to meet those -- Vice Chair Carollo: And we'll be doing -- Mr. Mensah: -- deadlines. Vice Chair Carollo: -- these discussions in Thanks -- or actually public hearing -- we have to go to a public hearing -- City of Miami Page 87 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Mensah: (UNINTELLIGIBLE) public hearing first, yes. Vice Chair Carollo: -- sometime in October -- Mr. Mensah: Yeah. Vice Chair Carollo: -- and then in Thanksgiving and Christmas is when we're going to have all of these, you know, entities and personnel coming before us and, once again -- andl don't want to say, you know, like it was mentioned -- begging, you know, for these dollars and worrying about what they're going to have to do and so forth where I think we funded them adequately throughout the year until October 1. Now what would happen is that they will need to use the funding by April 1 or possibly lose it. Commissioner Gort: Right. Vice Chair Carollo: So, you know -- Commissioner Gort: And we had several meetings. We gave them certain idea on how to utilize the funds. The major problem they had was with the HOPWA (Housing Opportunities for Persons with AIDS) funds; and we got agency, they're willing to comply and they can use that money. Now if they change the story today, then I got a problem. And it's up to you guys. Mr. Mensah: Commissioner, I haven't said anything, I haven't changed any story. What -- I'm just answering questions. Vice Chair Carollo: Commissioner, would you want to defer this then or --? Commissioner Gort: Whatever you guys want to do. At this point, you know, we get a different ballgame. I have -- we've been coming -- talking to them for three months now. Now it's a different game. Forget it. It's -- they don't want to do it. Fine, don't do it. Mr. Mensah: Commissioner, we have -- I just want to put for the record -- Commissioner Gort: Just vote it down. That's it. Mr. Mensah: -- that we have prepared -- Commissioner Gort: Yeah. Mr. Mensah: -- plans for this. We already have prepared for plans. We came to meet with you with the Finance Department, everybody, so we have plans for it. I have no problem implementing this and (UNINTELLIGIBLE). Commissioner Gort: Well, why don't you tell them that we have plan it and we have discussed it. For the last three months we have been talking about this. Mr. Mensah: Yes, we have. Commissioner Gort: Okay. Mr. Mensah: I was just answering questions of what -- Commissioner Gort: Okay. City of Miami Page 88 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Mensah: -- it entails. And what it entails is that September 15, we have to -- and we did a timeline. And Commissioner, you had asked for it, about our timeline, and we sent you a copy of the timeline that we would do if we have to go about this. So we already submit a timeline -- Commissioner Gort: And it can be done, right? It can be done? I was told -- Mr. Mensah: Yes. Commissioner Gort: -- it can be done. Mr. Mensah: Yes. It can be done, yes. Commissioner Gort: We had several meetings -- Mr. Mensah: Yes. Commissioner Gort: -- where we even came up with suggestions so you could spend the HOPWA funds without any problems. Mr. Mensah: Yes. And, Commissioner, if you remember at the meeting -- Commissioner Gort: Okay. Mr. Mensah: -- what I told you was that it can be done. I would just need your support in making sure that we don't delay funding because otherwise, we have timeliness issues. Commissioner Gort: Right. Mr. Mensah: That's what said on record. Commissioner Gort: Butl want you to explain that to them too. Andl understand the Mayor's in favor of it too, and we discussed this quite a bit. Vice Chair Carollo: What's the will of this Commission? Do you want to defer it? I don't believe in voting it down. I think, you know, at the very least, we should defer it or, you know -- because at the end -- Commissioner Gort: You know, if he needs to ask -- Vice Chair Carollo: -- because the information that I received obviously is dif -- Commissioner Gort: No. I think you should ask all the questions you need to. I think it's very important that you all have your mind clear in what we're doing. Vice Chair Carollo: Yeah. You know, and the only reason why I'm saying that is because I just went through it. And again, I don't want to say I was bitten by that timeline many times or the lack of having a timeline 'cause I definitely requested it, and now I'm seeing, wait a second, we're starting this all over again -- Commissioner Gort: Right. Vice Chair Carollo: -- and at Christmastime or Thanksgiving, we're going to be here and there's going to be all these public services entity [sic], you know, asking, begging. City of Miami Page 89 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Gort: Commissioner, I understand the process. But if you recall, the process is we have -- each have one meeting in each one of our neighborhood that is done in one afternoon. Then we have to have a special meeting one day where we make the allocation once again. Those allocations have been made already and they've been recommended. Vice Chair Carollo: Right. Commissioner Gort: So it's the same process. It's -- Vice Chair Carollo: Right. And -- Commissioner Gort: I personally don't mind going through it and -- but I think you should have all your questions answered. Vice Chair Carollo: Any -- Commissioner Suarez. Commissioner Suarez: I have a question. I thought the reason why we were doing this was because we were going to get more money. Vice Chair Carollo: No. Commissioner Suarez: Is -- Vice Chair Carollo: No, no, no. Commissioner Suarez: That's what I thought. Vice Chair Carollo: No. How so? Mr. Mayor's saying that we're going to receive additional money. How will we receive additional money? Mayor Tomas Regalado: We could use more money because we'll be ahead of the budget. We could use more money in public service and other programs. We just need to have a more strict timeline in the case of HOPWA. But on the case -- Commissioner Gort is right. On the case of the public service agencies, we don't need the parades because the money has been allocated already and we could do the same, but we could use more money if we accelerate the timeline. Vice Chair Carollo: Right. You're not saying we could use more money. We could use the same money in a shorter time period. Commissioner Gort: Shorter time. Vice Chair Carollo: And the reason why we have -- andl understand you said that we just went through this so we don't have to go through it. Well, we went through this for October 1 through Octo -- September 30. Or now what you're proposing, October 1 through April or March 30 or March 31. However, we would have to go through it right now again for the April 1 until March 31 if we do it again, so we would have to start this process again. Mayor Regalado: Well, we -- Vice Chair Carollo: And as a matter of fact, right now 'cause if -- we're probably behind the eight ball. Mayor Regalado: No, we'll do. But still, if we take this road, it would be easier for us to fund City of Miami Page 90 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 different programs. We have looked at this and yes, we can do it. They can do it. They say that they can do it. We just need to be on a certain schedule, but we can do it. I mean, the Administration said that they can do it. Mr. Mensah: I just want to put on the record again that -- andl want to explain the reason why there will be more money for the City, and that is the fact that we received approximately $27 million for a 12-month period. If we compresses [sic] it to six months, which means that you have $27 million to spend within six months -- now -- and I'll give an example of the public service, where we have $1.3 million for public service in 12 months. So now you have $1.3 million for public service in six months. If we decide to give pro rata share of the same amount of money that we gave to the entities, which means that, an example of Curley [sic] House that received $20, 000 for one year will now receive $10,000. That gives us $10,000 that we can use for another agency or for the same agency so that they can do more. That is what it entails. Vice Chair Carollo: Here's my thing. Outside of one agency which -- let me tell you something, I disagree of what occurred. But outside of one agency it seems like every other agency receives either more or less the same or above the amount of the previous years. Outside of one agency and, you know, I won't mention which one it is andl thought it was wrong. And as a matter of fact, I may try to help out, you know, with some of my reserves. But that aside, it seems like every agency received the same amount or additional funding for a one-year period and now you're saying these agencies that received the same amount of funding or even more than last year, we're going to give you these fundings [sic] and use it within six months. So they're going to have a whole lot more money and it's not additional. It's just the same amount of money. And then are they going to carry that over to, you know, the April? Andl don't think they can. I think they have to use it within the six-month period, correct? Mr. Mensah: That's correct. But what we can do is if you commit the money to them, then they have another day, another time to use those funds. What is also make [sic] available is that -- and I'll use CDBG as an example 'cause CDBG is the most flexible one that we have. CDBG will receive $8.9 million, so half of that will be $4.5 million, so it means that we will have additional $4.5 million that we can use for other activities. So in terms of you running the program and making sure it works, yes. And I've committed to the Commissioner that we have plans in place to make sure that we'll be able to do it if the City Commission decides to go that direction, and that is what I can tell you at this moment. Vice Chair Carollo: And again, I want to clam. Is it additional money or is it the same amount of money that you have a shorter period of time to use? Mr. Mensah: The same amount of money with a shorter period. Vice Chair Carollo: The same amount of money. So in no case is it additional monies? Mayor Regalado: But what he's saying -- what he's trying to say is -- or what I understand is that once we allocate it, the agencies will use it. And remember, we are trying to do everything in order for next year not to try to use the alternative funding that we have in the past years, which is the Mayor's poverty fund. And so that is why a sort of a sense of urgency that we have to do this, do the Washington lobbying and all that. Vice Chair Carollo: But Mr. Mayor -- okay, okay. Let's -- okay, you're saying we need to do this in order not to use the Mayor's Poverty Initiative fund, which by the way, I agree with you, and we have spoken about this and that's why we're going to Washington and lobby for it and so forth. But that means in a few months, we're going to have to make a decision whether we use Mayor's or general fund monies for this or not, and the reason being is because come City of Miami Page 91 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 November or December, we're going to be allocating these monies again. I would imagine that they're not going to bump up the amount of monies that they've been giving us. They're going to give us about the same amount, which means we're going to be, if we go by this year, $400,000 short because we're not going to have the Mayor's Initiative Poverty fund. Mayor Regalado: That's correct. Vice Chair Carollo: Now the difference is this -- Mayor Regalado: July 1. The difference is July 1. If we get the -- remember, the federal budget starts on July 1. Then if we get the possibility that we're looking in Washington, then we can supplement that money, but we have several month [sic]. Vice Chair Carollo: Right, and that's the thing. We could supplement that money 'cause as it is right now, we go all the way through September 30 of next year. However, if we do this, then we go to March 31, April 1, so that means we need to have it even quicker. We need to have an answer even quicker so -- because if not, it goes -- see, right now the monies we allocated go all the way through to October -- September 30, so we have, you know, more time. If we go to this new April 1, we right away start the public hearings, start -- Commissioner Gort: Yeah. Vice Chair Carollo: -- and all that, and we need to get an answer from Congress because if not, we're going to be funding, starting April 1, $400,000 approximately less than we did this year. Mayor Regalado: And you're correct, but that's why we're trying to explore this possibility because if we do this and we fund, we always have time to look for alternative, and that's the whole strategy of this use. Commissioner Gort: Mr. Chairman. Vice Chair Carollo: Go ahead, Mr. Gort -- Commissioner Gort: Do you mind if the --? Vice Chair Carollo: -- Commissioner Gort. Commissioner Gort: Frank Castaneda from my staff has been working on this for a long time and at the same time, he's very knowledgeable on CDBGs, if he could explain -- Frank Castaneda (Executive Assistant, Commissioner Gort): Commissioner Carollo, let me explain what we're doing. It's simple. Commissioner Gort: Introduce yourself, please. Mr. Castaneda: Frank Castaneda, staff to Commissioner Gort. One year is six months, okay. The next year is going to be 12 months. Vice Chair Carollo: Right. Mr. Castaneda: Six plus twelve is eighteen months. Usually a year is 24 [sic] months -- Vice Chair Carollo: Right -- two years. City of Miami Page 92 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Castaneda: -- so we're saving six months. Vice Chair Carollo: Two years is 24 months. Mr. Castaneda: Right. Two years is -- so we're saving six months, three months per year, that's 25 percent. That 25 percent resolves the issue of the general fund money going to the social service agencies. So in effect, we have resolved the issue for public service agencies for the next 18 months. That's why the Mayor is going to the feds to try to increase the public service amount to 25 percent and he has 18 months to resolve that issue. Vice Chair Carollo: Well, remember, that 25 percent -- you know, I was the one who sponsored the motion or at least -- Mr. Castaneda: Right. Vice Chair Carollo: -- you know, brought it -- Mr. Castaneda: Right. Vice Chair Carollo: -- forward so I'm familiar with it. I just -- what I'm seeing is that we have now -- you know, let's say, starting October 1, we have actually have 12 months or even 24 months where -- because the next CDBG budget year you could say or year starts in October. We're actually now we're going to bring it back to April 1 -- Unidentified Speaker: Right. Vice Chair Carollo: -- which means that we need to get, you know, the response from Congress by April 1 instead of October 1. Mr. Castaneda: But it's 18 months away. The general fund allocation that the Mayor was putting in is not needed for this year if the year is reduced, so that would save -- that would have a direct impact on the next coming fiscal year budget. Vice Chair Carollo: Could we then --? Okay, so if that's true, if we pass this, can we obtain $400,000 back to the general fund? Mr. Castaneda: Yes. The allocation from the poverty initiative for this -- Vice Chair Carollo: Will come back to the general fund? Mr. Castaneda: Correct. Vice Chair Carollo: IffI could hear from Mr. Mensah on that. Mayor Regalado: But remember, you just said it; there is an agency that was not funded, fully funded -- Commissioner Gort: Yes. Mayor Regalado: -- and -- so that's not $400,000 in total. It could be $300,000 back to the general fund. So -- I'm just -- Vice Chair Carollo: Okay. Now you bring a different perspective. So what you're saying is -- City of Miami Page 93 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 'cause the way I was looking at it, it's all this funding that we -- that we're giving these agency [sic], instead of a year, they have six months to spend. Mayor Regalado: No. Vice Chair Carollo: Now -- but what you're saying is all the money that we allocated to these agencies, we're going to take some back, the money that we -- that -- from the Mayor's -- Mayor Regalado: We have available -- that money will be available come -- Vice Chair Carollo: And we -- Mayor Regalado: -- budget process. Vice Chair Carollo: -- could bring that back to the general fund And -- Mayor Regalado: But remember, we still need to use part of that money to fully fund one agency. Vice Chair Carollo: Gotcha. Okay, now -- see, now I see the picture. Now I see what you're trying to do. Commissioner Dunn. Commissioner Dunn: Thank you, Vice Chairman. Can someone just explain to me --? And I'm clear on it just about -- to the contrary what will happen if we don't pass this? I think know the answer, but -- Mayor Regalado: The same -- Commissioner Gort: The same. Vice Chair Carollo: It'll stay the same. Mayor Regalado: You already approve $400, 000 from the Mayor's Poverty Initiative. We have -- in order to be fair -- Commissioner Dunn: So you're trying to be ahead? Mayor Regalado: -- I have to come back to you with the -- and CD have to come back to you to fund at last year level another agency that it's been part of a historical funding of the City. And we will have to do the same process next year. However, because of the Vice Chair motion, this is why we're going to Washington. Commissioner Dunn: Okay. Mayor Regalado: And I feel confident -- and I'm going to tell you something historical because I have historical memory andWilly also does. The week that I was elected in '96, I went to visit the MRC (Miami Riverside Center), and Frank was the Community Development director, andl was concerned about the social services, and he suggested that we go to Washington and ask for a waiver, the 15, 25 percent, and we did that. And at that time, Congresswoman Carrie Meek and Congresswoman Ileana Ros-Lehtinen help us and we got the waiver for three years. So there is a precedent that was granted by Congress and by HUD (Department of Housing and Urban Development), so that's why we have a good shot in going to Washington and get that waiver, which by the way, for three years will solve most of the problems that we have here with the public service programs. City of Miami Page 94 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: Yeah. Thank you, Mr. Chair. Pardon me for -- along those same lines, do we have that -- those persons or persons who are friendly to this city in place that will support our efforts in lobbying? Mayor Regalado: That would depend of Commissioner Carollo, Commissioner Suarez, myself if we can charm HUD -- Commissioner Suarez: Have faith. Mayor Regalado: -- next week, if we can get sponsors in the Congress. I mean -- Commissioner Dunn: May I make that suggestion, that we try to get that like we had before? Mayor Regalado: Yeah, yeah, yeah, yeah. I mean, we already have meetings scheduled. Hopefully -- Commissioner Suarez: We're going to be like Pat Riley. We're going to go and get it. Mayor Regalado: Yeah, hopefully -- Commissioner Gort: Send (UNINTELLIGIBLE) dream team. I mean -- Mayor Regalado: -- we'll take the dream team to Washington, and -- but no, we do have already an appointment at the highest level at HUD, and also at the White House and also at Congress, so you know, this is a big city. This is an important city. This is an election year for federal candidates, so at least they're going to listen to us and, hopefully, you know, we'll come back with good news. Vice Chair Carollo: Thank you, Mr. Mayor. Any other discussion? I truly see now what's trying to be done, what's before us, andl see the pros and cons to it. I do believe it should have been done differently. I think from the Mayor's Poverty Initiative, we should have seen exactly what was funded before and so forth and gone along those lines, and then we wouldn't have to be doing this. I do like the idea of having some monies going back to the general fund You know, I'm just not crazy of every November and December -- setting precedent that every November/December, Thanksgiving and Christmas time, is when we're actually allocating these funds. With that said, Commissioner Gort, what would you like to do? Commissioner Gort: I moved it. Vice Chair Carollo: There is a motion by Commissioner Gort. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Seconded by Commissioner Suarez. Any further discussion? If I'm -- Madam City Attorney, if I'm chairing a meeting, can I offer an amendment? Julie O. Bru (City Attorney): Yes, you can. Vice Chair Carollo: As the Chair, I could offer an amendment? Ms. Bru: Yes. I believe you can. City of Miami Page 95 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: Okay. My amendment would then be -- Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chair Carollo: Madam City Clerk. I'm sorry. Ms. Thompson: Parliamentarian rules, if you're chairing, you would have to turn over the gavel -- Vice Chair Carollo: That's what I thought. Ms. Thompson: -- to make a motion or an amendment. Vice Chair Carollo: That's what I thought. Ms. Thompson: Okay. That's why I want to make sure. Ms. Bru: Well, I believe that under Robert's Rules, amendments are freely permitted, but if it's been the past practice of this Commission to relinquish the chair in order to offer an amendment, then you can stick to your past practices. Vice Chair Carollo: I -- Mr. Chair. Chair Sarnoff You're the Chair; you decide. Vice Chair Carollo: Yeah, butl don't want to continue to set precedents and since you're, you know, the Chair and I'm acting -- Chair Sam off You're doing a good job. Vice Chair Carollo: -- do you prefer for the amendment to be done by the Chairman or do you prefer the gavel to be passed? And guess I'm reaching out to my colleagues to see what's your -- you know, so we could get a consensus. Commissioner Dunn: Mr. Chair at the time. Commissioner Gort: Do it. Chair Sam off I think you should -- Commissioner Dunn: Give it -- pass the gavel. Chair Sam off -- proffer the amendment. Commissioner Dunn: Pass the gavel. Vice Chair Carollo: Okay. My amendment is that should we pass this -- Commissioner Gort, I believe the Allapattah Action Community was budgeted 125,000 last year from the Mayor's Poverty Initiative? Commissioner Gort: Yes. Vice Chair Carollo: Okay. My amendment is that if we pass this, $275, 000 that were initially City of Miami Page 96 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 approved from the Mayor's Initiative Poverty fund -- I don't know if that's the exact name of it. Commissioner Dunn: Mayor's Poverty Initiative fund. Vice Chair Carollo: Mayor's Poverty Initiative fund -- Thank you, Commissioner Dunn -- come back to the general fund. And that's my amendment. Commissioner Dunn: Is that a motion? Vice Chair Carollo: That's an amendment -- Commissioner Gort: An amendment. Vice Chair Carollo: -- to the motion. Commissioner Dunn: Oh, amendment. Commissioner Gort: I accept the amendment. Vice Chair Carollo: The maker accepts. Does the seconder accept? Seconder accept. Any further discussion? Mayor Regalado: If I may, Mr. Chairman. I don't know if we need legislation to fund -- I think we do this particular agency, Allapattah Community Action, we do need legislation, andl understand. I would only ask you if you use the word $275, 000 will be available to come back to the general fund. Vice Chair Carollo: Right, but I don't want it to be available. I want it to come back to the general fund. Mayor Regalado: I know that you do. Vice Chair Carollo: Because it's the old saying that I keep saying time and time again -- Mayor Regalado: No. I know that you -- Vice Chair Carollo: -- whenever there is money somewhere in government, someone comes around 'cause they find a usage for it. So I want it to come back to the general fund. Mayor Regalado: I -- we just want to understand if you allow the funding for this agency and work with CD to see how the timeline and how would that affect, but I agree with you. I totally agree with you. The reason that we're going to Washington is because of that, because of the commitment that not to use the general fund. Vice Chair Carollo: I understand. I just want those 275,000 to come back to the general fund. That will leave available 125,000 from the original 400, 000, and that -- then we'll make a decision on where it goes and I'm sure we can find a consensus on where it goes. Mayor Regalado: Okay. Vice Chair Carollo: Mr. Manager, did you want to say something? Carlos A. Migoya (City Manager): I just wanted to say, if we're going to approve, the challenge that I've observed this year is the timeliness of everyone spending their monies. If City of Miami Page 97 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 we're going to do this double duty for this year, we need every one of your commitments that we will work very diligently in committing to these funds so that we can get this done in a timely fashion, so that's the one thing I'd like to ask, if you don't mind? Vice Chair Carollo: No. Thank you for that, Mr. Manager. I'll be honest with you, it's going to be tough on me because I want to start some new projects, and CD knows about this, Mr. Mensah knows what I'm talking about. So it's going to be tough on me. It's going to be an adjustment on my part. It's not going to be easy. But at the same time, I understand what the Commissioner is trying to do and, you know, I will yield to, you know, his district. Andl think his district was really affected. Andl think as a true team member, I need to also step up and help out. So with that said, 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. Ms. Thompson: As modified. Vice Chair Carollo: As modified Thank you. Thank you, Madam City Clerk. RE.8 RESOLUTION 10-00718 Districts - A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING FOUR (4) Commissioner VOTES TO CODESIGNATE NORTHWEST 10TH STREET FROM Richard Dunn II NORTHWEST 3RD AVENUE TO 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. 10-00718 Legislation.pdf BC.1 10-00338 Office of the City Clerk Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: James Quinlan Chairman Marc David Sarnoff Vicente Lago, Jr. Commissioner Francis Suarez City of Miami Page 98 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 10-00338 Arts CCMemo 7-8-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, 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-10-0293 Chair Sam off Looks like we're on boards and committees. Priscilla A. Thompson (City Clerk): Yes. Commissioner Gort: Board appointments. Ms. Thompson: If we can start with BC.1, which is our Arts and Entertainment Council. According to our agenda, we have appointments to be made by Chairman Sarnoff, Vice Chair Carollo, and Commissioner Suarez. Chair Sam off All right, Vice Chair. Vice Chair Carollo: I think you're up. Chair Sam off All right. I'll go -- James Quinlan. Ms. Thompson: James Quinlan is going to be reappointed. Vice Chair Carollo: Continue. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sam off You're recognized for the record. Commissioner Suarez: Madam Clerk, do I current --? This is an empty seat, the one that I have? Ms. Thompson: That is correct. Commissioner Suarez: All right. Ms. Thompson: It's a vacant seat. Commissioner Suarez: Does it require a resident -- is there a residency requirement? Ms. Thompson: All of them are either you're a resident, you have -- Commissioner Suarez: Or can be waived? Ms. Thompson: -- you work in the -- That's right. Commissioner Suarez: Correct. Ms. Thompson: -- City or you own property. City of Miami Page 99 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 BC.2 10-00339 Office of the City Clerk Commissioner Suarez: How many votes are needed to waive the residency requirement? Ms. Thompson: Four fifths. Commissioner Suarez: We have four here, okay. I proffer Vincent Lago, Vince Lago. Ms. Thompson: L-A-G-O? Commissioner Suarez: And he needs a residency waiver. I don't think he lives in the City of Miami. Ms. Thompson: He doesn't? Does he own property or work? Commissioner Suarez: He owns -- not sure if he owns property. He may. Vice Chair Carollo: Four fifth. Just four fifth. Commissioner Suarez: Yeah. Let's just go for the waiver, just in case. Ms. Thompson: Fine. Commissioner Suarez: Is that okay? Ms. Thompson: Sure, sure, sure. Commissioner Suarez: Okay. Chair Sam off All right. And then the Vice Chair. Vice Chair Carollo: I'm continuing. Ms. Thompson: He said he's continuing. Chair Sam off I'm sorry. All right, do we have a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sam off Motion by the Vice Chair, second by Commissioner Suarez. This will take four fifths. Everybody pay attention. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo City of Miami Page 100 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Audit Adv Board Current_Board_Members 7-8-2010.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, 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 10-00339 was deferred to July 22, 2010 Commission meeting. Item changed to 10-00856. Chair Sam off All right, Historic Environmental and Preservation Board. Priscilla A. Thompson (City Clerk): Okay. No, no. I'm sorry. Chair Sam off Oh, I'm sorry. I apologize. Ms. Thompson: BC. 2 -- Chair Sam off BC.2. Ms. Thompson: -- your Audit -- Chair Sarnoff Audit. Ms. Thompson: -- Advisory Board. There is a vacant seat for District 3, Commissioner -- Vice Chair. Vice Chair Carollo: I would like to defer this to the July 22 meeting. Ms. Thompson: Defer to 7/22/10. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sam off All right, all in favor, please say "aye. The Commission (Collectively): Aye. BC.3 RESOLUTION 10-00799 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez Commissioner Richard Dunn II City of Miami Page 101 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Motion by Commissioner Suarez, 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 BC.3 is the Bayfront Trust Management. Francis Suarez. Commissioner Suarez: I'd like to defer until -- or continue it, I guess, since it's the same like meeting. Vice Chair Carollo: Yeah. Priscilla A. Thompson (City Clerk): September. Commissioner Suarez: That's fine. Ms. Thompson: Okay, continued. Chair Sam off We have a motion. Do we have a second? Vice Chair Carollo: Second. Chair Sam off All in favor, please say "aye. " The Commission (Collectively): Aye. BC.4 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 A TERM AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) 10-00461 CEB CCMemo.pdf COECurrent_Board_Members. pdf NOMINATED BY: Vice Chairman Frank Carollo Commission -at- Large Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, 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 10-00461 was deferred to July 22, 2010 Commission meeting. Chair Sarnoff All right, BC.4, Code Enforcement Board. Commissioner -- I'm sorry, Vice Chair. City of Miami Page 102 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: Let me defer to July 22 also. Chair Sam off All right. We have a Commission at -large. Commissioner Gort: Which one is this? Chair Sam off BC.4, Code Enforcement Board. Vice Chair Carollo: So move. Chair Sam off Is it a deferral? Vice Chair Carollo: Deferral. Chair Sam off All right. We have a motion, we have a second. All in favor, please say "aye.' The Commission (Collectively): Aye. Ms. Thompson: I'm sorry, who was your seconder? Chair Sam off It was Commissioner -- it was the Vice Chair andl believe the mover was Commissioner Suarez. Commissioner Suarez: Yes. Vice Chair Carollo: It was -- I was the mover and he was -- Ms. Thompson: Correct. Vice Chair Carollo: -- the -- Ms. Thompson: Thank you. Vice Chair Carollo: -- but that's okay. I got it. Ms. Thompson: Thank you. BC.5 RESOLUTION 10-00650 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maud Newbold Commissioner Richard Dunn II 10-00650 CSW CCMemo.pdf 10-00650 COSW Current_Board_Members.pdf 10-00650-E-mail from Jessica Pacheco.pdf 10-00650-Minutes from the 7-8-2010 City Commission Meeting -Agenda Item BC.5.pdf City of Miami Page 103 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 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-10-0295 Chair Sam off All right, BC.5, Commission on the Status of Women. The Mayor has an appointment, the Vice Chair has two appointments, Commissioner Suarez has an appointment, Commissioner Dunn has an appointment. The Mayor -- has the Mayor tendered a name? Priscilla A. Thompson (City Clerk): No. The Mayor has not tendered a name for his appointment. Chair Sam off Vice Chair. Vice Chair Carollo: Continue. Chair Sam off Commissioner Suarez. Commissioner Suarez: Continue. Chair Sam off Commissioner Dunn. Commissioner Dunn: Maude Newbold. Chair Sam off We have a motion. Commissioner Suarez: Second. Chair Sam off All right, all in favor, please say aye.' BC.6 RESOLUTION 10-00800 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez City of Miami Page 104 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 10-00800CRB CCMemo.pdf CRB Current_Board_Members.pdf 10-00800-Submittal-Memo-City Clerk -Substitution for Item BC.6 Adding Back -Up Documentation.K Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sam off Okay, BC.6, Community Relations Board. Vice -- Vice Chair Carollo: Continue. Chair Sam off -- Chair and Commissioner Suarez. Commissioner Suarez: I'd like to continue, but ifI can -- with discussion, please. I'd like to know if the Clerk is going to invite me to lunch for misspelling my name on this particular item. Do I get lunch out of this or --? Priscilla A. Thompson (City Clerk): You can get breakfast, lunch, and dinner. Commissioner Suarez: Wow, 'cause you did misspell it twice so -- Ms. Thompson: I truly apologize. We had already gone to print and I said -- Commissioner Suarez: It's okay. Ms. Thompson: -- let me see if he's going to miss this one. Breakfast, lunch, and dinner -- Commissioner Suarez: Thank you. Ms. Thompson: -- 'cause it -- Chair Sam off At her -- Ms. Thompson: -- was actually two and not one. Okay. Chair Sarnoff -- choosing. Ms. Thompson: Now, ifI might, on BC.6, I do need to let you know that we have a substitute. What was not included in the original publication would have been the memo from the Community Relations Board with their recommendation and the resume of the individual who is an applicant, so that's what we have as a substitute, if you are going to be making any appointments. Chair Sam off All right. I take it that you're -- everybody's not going to -- they're just going to defer this, right? Commissioner Suarez: Yes, I'm going to defer. Chair Sam off Do we need a motion on that? Commissioner Suarez: I'm going to continue them, actually. Ms. Thompson: Now -- City of Miami Page 105 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off Continue. Ms. Thompson: -- I'm sorry. Because we have -- didl hear Vice Chair say anything about his appointments [sic]? Chair Sam off Defer. Commissioner Suarez: He said he was going to continue them, yeah. Ms. Thompson: Okay and -- Vice Chair Carollo: Continue. Chair Sam off Let's continue it to the next scheduled -- same kind of meeting. Ms. Thompson: That'll be September. Chair Sam off All right, very good. Is there a motion? Commissioner Suarez: Move. Vice Chair Carollo: So move. Commissioner Gort: Move it. Chair Sam off Second? All in -- Commissioner Suarez: Second. Chair Sam off -- favor, please say "aye. " The Commission (Collectively): Aye. Chair Sam off All right. Ms. Thompson: Excuse me. Can you tell me who was the mover, who was the seconder? Chair Sam off It was -- Ms. Thompson: Because you kind of crossed over. Chair Sam off It was -- he made the motion and Suarez made the second. Ms. Thompson: Thank you. We've got six -- Chair Sarnoff Did you hear me say second Suarez? Ms. Thompson: -- no. We've got three sets of ears and we're trying to make -- Commissioner Suarez: Frances with an "e. " Ms. Thompson: -- sure. Chair Sam off Gotcha. City of Miami Page 106 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 BC.7 10-00357 Office of the City Clerk Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ricardo Ruiz Commissioner Francis Suarez 10-00357 CTAB CCMemo.pdf CTB Current_Board_Members.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-10-0296 Chair Sam off All right, BC.7. This is an important one, Community Technology Advisory Board. Apparently, the two tardy ones over here, Vice Chair and Commissioner Suarez. Commissioner Suarez: I'd like to name -- which is this one, the Community Technology Advisory Board -- Priscilla A. Thompson (City Clerk): Yes. Commissioner Suarez: -- Rick -- or Ricardo Ruiz. Ms. Thompson: R -- can you spell his last name? Commissioner Suarez: R-U-I-Z. Ms. Thompson: Ricardo? Commissioner Suarez: Yes, or Rick. Ms. Thompson: Thank you. Commissioner Suarez: Ricardo is fine. Chair Sam off And Commissioner Dunn, you have an appointment. Commissioner Dunn: Mr. Chairman, remove (INAUDIBLE). Ms. Thompson: I'm not hearing you. Thank you. Commissioner Dunn: Yes. I wanted to remove Torrence Mack. City of Miami Page 107 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sam off All right. We have a motion and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sam off And you'd like to replace who? Commissioner Dunn: I want to -- I guess I'll continue that. Chair Sam off Okay. Commissioner Dunn: Yeah. Chair Sam off So we have a -- you have a motion on yours, Commissioner Suarez. Ruiz, right? Commissioner Suarez: Move it. Chair Sam off We have a motion by Commissioner Suarez, second by the Vice Chair. All in favor, please say "aye." Ms. Thompson: And we're talking about BC.7? Chair Sam off BC.7. That was Ruiz, ifI heard correctly. Ms. Thompson: Yes, correct. Chair Sam off Right. BC.7A RESOLUTION 10-00357a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING Clerk TORRENCE MACK AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD. BC.8 10-00467 Office of the City Clerk 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-10-0216 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 108 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00467 Finance CCMemo.pdf Finance Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, 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 10-00467 was deferred to July 22, 2010 Commission meeting. Chair Sam off All right, Finance Committee. Vice Chair. Vice Chair Carollo: I would like to defer to July 22. Chair Sam off All right. We have a motion. Is there a second? Commissioner Suarez: Second. Chair Sam off All in favor, please say "aye. " The Commission (Collectively): Aye. BC.9 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) HEP Current_Board_Members.pdf List HEP applicants.pdf 10-00348 HEP Applications.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II City of Miami Page 109 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Note for the record: Item 10-00348 was deferred to July 22, 2010 Commission meeting. Chair Sam off All right, Historic Environmental Preservation Board. Priscilla A. Thompson (City Clerk): IfI might just review something with you, Commissioners. On this board, individuals must be selected from a pool of eligible applicants. They must also fall into a particular category. As you see, there are two vacant seats for citizens and one for architectural historian, appointments to be made by Chair Sam off, Vice Chair Carollo. Chair Sam off All right. I would appoint William Hopper. Ms. Thompson: You're reappointing Mr. Hopper? Chair Sam off Yes, ma'am. Ms. Thompson: Now there is -- what happened with Mr. Hopper, he did not actually reapply, so he would have, even as an incumbent on this board, had to reapply and he did not. So you're -- again, your options are those names that are proffered or listed on the memo in front of you. Chair Sam off Okay, then I would defer. Commissioner Gort: Did you say you have a member at -large? Ms. Thompson: No, no, no, not on this one. You have a -- two citi -- well, available -- or openings right now, two citizen spots and an architectural historian. We don't have what we call a "at -large," per se. Commissioner Gort: So Miguel Seco would qualify for this? Ms. Thompson: Miguel Seco would qualify as an architectural historian. Commissioner Gort: I would move that one. Ms. Thompson: But hold on. According to my records -- Commissioner Gort: That's his appointment. Vice Chair Carollo: That's my appointment. Ms. Thompson: Thank you. Commissioner Gort: Okay, I'm sorry. Chair Sam off I might consider him. Is he a good --? Commissioner Gort: All right. Chair Sam off I think what he said was -- Commissioner Gort: (UNINTELLIGIBLE) get out of there. Chair Sarnoff -- I'm moving in. City of Miami Page 110 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: I don't -- I guess I don't know too many architectural historians. Commissioner Gort: He applied at -large. Vice Chair Carollo: You know, let me defer for July 22 and -- Chair Sam off All right, so we have a motion to defer by the Vice Chair. Commissioner Suarez: Second. Chair Sam off Second by Commissioner Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sam off All right, gentlemen. Vice Chair Carollo: And -- I'm sorry, I didn't hear the name. Commissioner Gort, can you repeat the name again? Commissioner Gort: It's on the list. It's the person -- Ms. Thompson: Miguel Seco. Vice Chair Carollo: Okay, gotcha. Commissioner Gort: Miguel Seco. He's on the list. Vice Chair Carollo: Gotcha. BC.10 RESOLUTION 10-00466 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jesus Bello Commissioner Wifredo (Willy) Gort Milton Hall, Sr. Commissioner Richard Dunn II 10-00466 NAB CCMemo.pdf NAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0297 Chair Sarnoff All right, Nuisance Abatement Board Let's bear down on this one, guys. Commissioner Gort: Mr. Chairman. City of Miami Page 111 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off Yes, sir. Commissioner Gort: This one I think that we've been discussing -- Chair Sam off Right. Commissioner Gort: -- all day today, how people need to be disciplined when they don't -- We have major problems with a lot of the business and a lot of the people. We put fine, they don't pay, and (UNINTELLIGIBLE) noncompliance. I think we should really give a lot of teeth to this board. And at this time I'd like to appoint -- my appointment to be Julio Bello, who's a very active person in this community. He knows the community -- Ms. Thompson: I'm sorry, I didn't hear the name. Chair Sam off Julio Vega [sic]. Commissioner Gort: Julio Bello. Ms. Thompson: I'm sorry, last name? Commissioner Gort: Antonio Bello, Jesus. You know, he changed his name three times. Ms. Thompson: And again, I apologize, Commissioner Gort. I didn't hear the last name. Commissioner Gort: Bello. Ms. Thompson: How do you spell that? Commissioner Gort: B-E-L-O [sic]. Ms. Thompson: B-E-L-O [sic]. Frank Castaneda (Executive Assistant, Commissioner Gort): Two L's. Vice Chair Carollo: Bello, like beautiful. Ms. Thompson: Thank you. Commissioner Gort: It means beautiful. Ms. Thompson: So that's -- Commissioner Gort has made his appointment to his vacant seat. We have Vice Chair Carollo, Commissioner Suarez, and Commissioner Dunn. Commissioner Suarez: I'm going to continue mine because I have someone that's currently -- a prior appointee who's serving in that position now, so they can continue to serve for a while. I'm going to continue mine until September, I guess. Ms. Thompson: Okay. Commissioner Suarez: I haven't had a chance to meet with him. Chair Sam off Commissioner Dunn. City of Miami Page 112 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Dunn: I'm going to appoint to that board Milton Hall. Ms. Thompson: Milton Hall. Commissioner Dunn: Yes. Chair Sam off And the Vice Chair. Vice Chair Carollo: I'm going to continue at this time. Chair Sam off Is -- Ms. Thompson: To? Chair Sarnoff -- do they have quorum? Do they have enough people for a quorum? Ms. Thompson: No. I don't think they have been -- they've not been able to have one. Commissioner Dunn: Excuse me, Mr. Chair. Let me distinguish "senior" because there are two Milton Halls, so -- Chair Sam off Okay. Commissioner Dunn: -- Milton Hall, Sr. Vice Chair Carollo: And I'm sorry. How many members do they need in order to have quorum? Ms. Thompson: Just one -- May I check my records? Vice Chair Carollo: Sure. Ms. Thompson: Thank you. Commissioner Gort: Now my understanding is -- Ms. Thompson: There is a five -- they're a five -member board, and at this point of time you have three vacant positions, three vacant seats, so they only have two active members. Chair Sam off And what -- and quorum for them is what, three out of five? Ms. Thompson: It would be three. Commissioner Gort: We have three now. Vice Chair Carollo: Yeah. Chair Sam off They have three now, right? Ms. Thompson: With these two appointments. Commissioner Gort: Yeah. Vice Chair Carollo: Okay, so -- City of Miami Page 113 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off All right. Three people making those decisions is not easy though. Commissioner Gort: I understand, but -- Vice Chair Carollo: Hey, we did it for a few months. Commissioner Gort: Mr. Chairman. Chair Sam off Yes, sir. You're recognized. Commissioner Gort: My understanding is any one establishment or any one facility that has the -- I imagine it's three complaints, police complaints can come in front of the Nuisance Abatement Board? Ms. Thompson: That's -- Commissioner, I don't know. We would have to ask the Law Department that. Commissioner Gort: What's the procedure to bring someone to the Nuisance Abatement Board? Maria J. Chiaro (Deputy City Attorney): To remove someone from the --? Commissioner Gort: To bring it to the -- no, no. Ms. Chiaro: Oh, to bring something to the -- Commissioner Gort: A case, yes. Ms. Chiaro: -- Nuisance Abatement Board. There have to be, I think, a certain number of violations -- Commissioner Gort: Right. Ms. Chiaro: -- three violations at the same address, andl think there's some other criteria. It's a police activity, and the police -- Chair Sam off Drug selling. Ms. Chiaro: -- objectively refer the cases -- Chair Sam off Right. Ms. Chiaro: -- that is -- Commissioner Gort: Okay. Ms. Chiaro: -- it's not a discretionary issue. If -- Commissioner Gort: Right. Ms. Chiaro: -- an address meets the criteria, it is -- then the address is referred to the Nuisance Abatement Board. City of Miami Page 114 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Gort: Which means that some of the establishments that are creating a lot of problems for the City ofMiami in different neighborhoods can be brought here and their license can be removed, so that's why it's so important. Chair Sam off Yeah. Let me just say this to the Commissioners who are contemplating. This is a tool or this is a bow in your quiver that you're not using, and this could be -- Vice Chair Carollo: Yet. Chair Sam off Well, yet, but it needs to be used. And it's -- we've -- we're going to see time and time again, and we've seen it today in this Commission meeting, people not doing what they're supposed to, the ramifications it has on a neighborhood, and this is a good tool. Commissioner Suarez, you're recognized. Commissioner Suarez: I just want to clam that, even though I'm not making an appointment, I have -- that I have a person sitting there now -- Chair Sam off Okay. Commissioner Suarez: --from District 4 that is a prior appointee, so it's not -- the position's not going to be vacant from the district's perspective. I just haven't met with the person yet and haven't figured out whether I want to appoint someone else, but for now our district has an appointee. Chair Sam off Yeah. The memo I was just handed, Madam City Attorney, is that if you have three or more drug arrests at a particular place, stolen property found at a particular place, you can bring it to the Nuisance Abatement Board, and that person is then -- What happens? Is the property taken away? The risk of losing your occupational license, okay. All right, so we have a name -- how many names do we have? Ms. Thompson: We have two names proffered, and now I need a mover and a seconder, please. Commissioner Suarez: So move. Chair Sam off Motion by Commissioner Sarnoff, second -- Vice Chair Carollo: Second. Chair Sarnoff -- by the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. BC.11 RESOLUTION 10-00347 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Santiago Villegas Chairman Marc Sarnoff Antonio Garcia City Manager Carlos Migoya City ofMiami Page 115 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Sean -Paul Melito City Manager Carlos Migoya Shelia Womble City Manager Carlos Migoya Jose Cerdan City Manager Carlos Migoya 10-00347 PRAB CCMemo 7-8-2010.pdf 10-00347-Submittal-E-mail-Edward Blanco.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-10-0298 Chair Sam off All right, Parks and Recreation Advisory Board. Priscilla A. Thompson (City Clerk): Just for your clarification, I wanted to make sure that those who have appointments, Chair Sam off, Vice Chair Carollo, Commissioner Suarez, you must make sure that anyone that you appoint there resides in your respective district. Chair Sam off All right, I'd appoint Santiago Villegas. Ms. Thompson: So you're reappointing him. Chair Sam off Um -hum. Vice Chair. Vice Chair Carollo: I'm continuing. Chair Sam off Commissioner Suarez. Commissioner Suarez: Continuing. Chair Sam off Okay, the continuing boys. Ms. Thompson: No. Chair Sam off City Manager. Ms. Thompson: Yeah. Tony Crapp, Jr. (Chief of Operations): The Administration is reappointing Antonio Garcia, Sean -Paul Melito, Sheila Womble, and a new appointment, Jose Cerdan. Chair Sam off All right. Is -- Ms. Thompson: I'm sorry. Can you spell --? You said Jose Sardon [sicg? Mr. Crapp: Cerdon, C-E-R-D-A-N. Ms. Thompson: C-E-R-D-A-N, thank you. Commissioner Suarez: So moved. City of Miami Page 116 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 BC.12 10-00805 Office of the City Clerk Chair Sam off All right. We have a motion -- Vice Chair Carollo: Second. Chair Sam off -- by the Vice Chair -- motion by Commissioner Suarez, second by the Vice Chair. All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Francis Suarez 10-00805 EO CCMemo.pdf EOAB Current_Board_Members.pdf 10-00805-E-mail from Jessica Pacheco.pdf 10-00805-Minutes from the 7-8-2010 City Commission -Agenda Item BC.12.pdf NO ACTION TAKEN Chair Sam off Equal Opportunity Advisory Board. Do I have an appointment to that right now? Priscilla A. Thompson (City Clerk): You sure do. On the Equal Opportunity Board, you actually have a Mr. Lewis Maurice. However, it is my understanding that Mr. Maurice has qualified for an office for election, and -- if I'm not mistaken -- and our City Attorney can address that -- once you quali, according to our Code, it is a resignation from the board that you serve. Chair Sam off Do you know what office he's qualified for? Ms. Thompson: No, sir. I'm sorry, off the top of my head. I can check it out for you. Vice Chair Carollo: He's -- I'm sorry, I didn't hear the name. He's running for Congress, District 25. Chair Sam off Oh, that's right, that's right. All right, a person cannot -- can -- how does that City of Miami Page 117 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 work, Madam City Attorney? Maria J. Chiaro (Deputy City Attorney): Qualification for an elective office is considered a resignation automatically from any board of the City ofMiami. Chair Sam off For any state -- Ms. Chiaro: Any elective office. Chair Sam off So even if -- Ms. Chiaro: Any elected office. Chair Sarnoff -- it's federal? Ms. Chiaro: Even if -- if it's federal, state, any elected office. Chair Sam off Okay. All right, so I will defer my appointment. Vice Chair. Vice Chair Carollo: Continue. Chair Sam off And Commissioner Gort. Commissioner Gort: I'll waive. Chair Sam off All right. Commissioner Suarez. Commissioner Suarez: Continue. Chair Sam off All right, we're the continuing boys. BC.13 RESOLUTION 10-00806 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: David Berley Commissioner Wifredo (Willy) Gort 10-00806 Health CCMemo.pdf Health Facilities Current_Board_Members.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-10-0299 Chair Sam off All right, Health Facilities Authority Board. Commissioner -- Vice Chair. City ofMiami Page 118 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: Continue. Chair Sam off Commissioner Gort. Commissioner Gort: Yes. David Berley. Priscilla A. Thompson (City Clerk): David -- I'm sorry, I didn't hear -- Commissioner Gort: Berley, B-E-R-L-E-Y. Ms. Thompson: B-E-R -- Commissioner Gort: L-E-Y. Chair Sarnoff L-E-Y. Ms. Thompson: B-E-R-L-E-Y. Chair Sam off And Commissioner Suarez. Commissioner Suarez: Mr. Chairman, I think you know what I'm going to say. Continue. Chair Sam off All right, should I just take that as a general statement? Commissioner Suarez: No. I have a couple. Vice Chair Carollo: So move. Chair Sam off All right, we have a motion, we have a second. Ms. Thompson: Who's the seconder? Commissioner Suarez: Second. Chair Sam off Seconder was the Vice Chair, the mover -- Ms. Thompson: Thank you. Chair Sam off -- was Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: I'm sorry. Chair Sam off What happened now? Ms. Thompson: Vice Chair. Commissioner Suarez: Continued. Ms. Thompson: No, no, no, I'm sorry. The mover I had recorded -- Vice Chair Carollo: I moved it. City of Miami Page 119 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Ms. Thompson: -- is Vice Chair -- Vice Chair Carollo: I moved it. Ms. Thompson: -- and the seconder -- Chair Sam off I apologize. Ms. Thompson: I'm sorry. Chair Sam off The mover was the Vice Chair, the seconder was Commissioner Dunn. Commissioner Suarez: That's why we need the buttons. Ms. Thompson: And seconder was actually -- Commissioner Suarez: That's why we need the buttons. Ms. Thompson: -- Commissioner Suarez, if you so recognize. Commissioner Suarez: Yeah, I second. Chair Sam off I'm deaf in my right ear. I try not to listen to this side of the table. Vice Chair Carollo: Ah, come on now. Come on. You know you like the right side. Come on. Who are you kidding? Come on. Chair Sam off No. I've gone left. I've gone left. BC (Boards and Committees) -- Ms. Thompson: And your vote is? Commissioner Suarez: Yes. Ms. Thompson: Your vote. Chair Sarnoff We -- Commissioner Suarez: Yes. Chair Sam off Yes. Everybody, all in favor? The Commission (Collectively): Aye. Chair Sam off Okay. BC.14 RESOLUTION 10-00808 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City of Miami Page 120 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Daniel Milian (Regular Member) Ron Cordon Mayor Tomas Regal ado Commissioner Richard Dunn II 10-00808 PZAB CCMemo.pdf 10-00808 PZAB Current_Board_Members.pdf 10-00808 PZAB Applications.pdf 10-00808 PZAB New Applications.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, 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-10-0301 Motion by Commissioner Dunn II and seconed by Commissoner Gort to appoint Ron Cordan, passed by the above vote of 4-0. Motion by Commissioner Dunn II and seconed by Commissoner Gort to appoint Daniel Milian, passed by the above vote of 4-0. A motion was made by Commissioner Dunn II to appoint Paul Mann, but died for lack of a second. Chair Sam off All right, now let's move up to the Planning, Zoning and Appeals Board. Priscilla A. Thompson (City Clerk): And ifI may call everything to your attention with this particular board, you would have -- you -- if you want to make a nomination to this board, that individual must have completed an application and -- I'm sorry, or be an incumbent from your Planning Advisory Board or your Zoning Board. So the list of individuals that you have to select from was included in your memo. The Mayor has proffered some information that I need to share with you. May I, Chair? Chair Sam off Oh, please do. Ms. Thompson: Okay. Ms. Ileana Hernandez Acosta has resigned, and based upon her resignation, the Mayor is requesting that alternate member Daniel Milan becomes his regular member appointment, and that his alternate appointment becomes Paul Mann -- Commissioner Suarez: Move. Ms. Thompson: -- and Mr. Mann is an incumbent, so he is eligible. And then we have -- okay, all right -- an appointment to be made by Commissioner -- I'm sorry, Vice Chair Carollo and Commissioner Dunn. Chair Sam off All right, Commissioner Dunn. Commissioner Dunn: I'm going to appoint an incumbent in the personage of Ron Cordon. Ms. Thompson: I'm sorry. The name is Ron --? Commissioner Dunn: Ron Cordon. Cordon. I said it right, yes. City of Miami Page 121 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Ms. Thompson: That -- okay. Yes, he -- Commissioner Dunn: He's an incumbent. Ms. Thompson: -- is an incumbent. Commissioner Dunn: Right. Ms. Thompson: You're absolutely correct. Commissioner Dunn: Right. Chair Sam off All right, so we have a motion, we have a second. Ms. Thompson: No, not yet. Chair Sam off Not yet. Anybody want to move this? Commissioner Gort: Was the Mayor's appointment? Chair Sam off You want to do one at a time or how do you want to do it? Commissioner Dunn: I mean, can I make -- no. Chair Sam off Why don't we take yours. Commissioner Dunn: Okay. Chair Sam off What is your appointment? Commissioner Dunn: Ron Cordon. Chair Sam off All right. Let's -- right. Motion by Commissioner Dunn for Ron Cordon. Is there -- Commissioner Gort: Second. Chair Sam off -- a second? All in favor, please say "aye.' The Commission (Collectively): Aye. Chair Sarnoff All right, now the Mayor's appointment of Daniel Milan. Ms. Thompson: As the regular and Paul Mann as the alternate. Chair Sarnoff Let's take it one at a time. Ms. Thompson: Okay. Chair Sam off Daniel Milan. Commissioner Dunn: So moved. City of Miami Page 122 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off There's a motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second. Chair Sam off Second by Commissioner Gort. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff All right, Paul Mann. Ms. Thompson: I'm sorry, I didn't hear Commissioner Suarez's vote. Chair Sam off I heard him say aye. He usually says yes, but he said aye from way over there. Commissioner Suarez: I was off the dais when you took the vote. Ms. Thompson: Oh, okay. Chair Sam off All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sam off Okay. Ms. Thompson: Thank you. Chair Sam off Now the last one is Paul Mann. Is there a motion? Commissioner Dunn: So move. Chair Sam off Motion by Commissioner Dunn. All right, it dies. BC.15 RESOLUTION 10-00792 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Thomas B. Jelke Off -Street Parking Board 10-00792 Off Street Parking CCMemo.pdf 10-00792 Off Street Memo.pdf OSParking Current_Board_Members.pdf Motion by Commissioner Gort, 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-10-0300 City of Miami Page 123 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Priscilla A. Thompson (City Clerk): Let me -- Commissioner Gort: 14. Ms. Thompson: -- explain to you, please. In -- on your agenda -- your agenda and your packets are not matching, so if you would like, because it -- the way that it's listed, all right, BC.14 is actually your Off -Street Parking Board. Chair Sam off Okay, let's take that one. Let's make it simple. Ms. Thompson: Okay. Chair Sam off Let's just take that one. Off -Street Parking nominated by Off -Street Parking. Apparently they nominate their own people. Wrong, right? Ms. Thompson: I'm sorry? Chair Sam off Is Art Noriega here? Who are you guys nominating? Ms. Thompson: They're nominating Thomas B. J-E-L-K-E. Commissioner Gort: Yeah. Art Noriega: Yeah. Art Noriega, Miami Parking Authority. It's Tom Jelke. It's a reappointment. Chair Sam off Okay. Commissioner Gort: Move. Chair Sam off So apparently they appoint their own board. They do so with City Commission approval. Vice Chair Carollo: Mr. -- Chair Sam off You're recognized for the record, Mr. Vice Chair. Vice Chair Carollo: What option do we have? Chair Sam off I guess we could say no. Commissioner Gort: You can vote yes. Mr. Noriega: You can say no. Vice Chair Carollo: And then they keep nominating -- gotcha. Chair Sam off Sort of like it's own little filibuster. Commissioner Gort: I move it. Commissioner Suarez: Second. City of Miami Page 124 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 BC.16 10-00378 Office of the City Clerk Chair Sam off All right. We have a motion by Commissioner Gort, second by Commissioner Suarez. All in favor, please say "aye." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE RESIDENCY REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO ENID PINKNEY AS A MEMBER OF THE VIRGINA KEY BEACH PARK TRUST. 10-00378 Virginia Key CCMemo.pdf VKBTCu rrent_Board_Mem bers. 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-10-0302 Chair Sam off Okay, BC.16. I don't -- I'm not sure. Do we --? Priscilla A. Thompson (City Clerk): There is no -- On BC.16, the Virginia Key Beach Park Trust, no name has been proffered by the board for your consideration. Chair Sam off Okay, BC (Boards and Committees) -- Ms. Thompson: But -- I'm sorry -- Chair Sam off But, but, but. Ms. Thompson: I apologize. An appointment was made and -- an at -large appointment was made and approved by the board for Ms. Enid Pinkney. Following that action, we were advised that she is no longer a property owner in the City ofMiami, so she would require a four fifths residency waiver. Chair Sam off You don't have that -- you don't presently have enough Commissioners on the dais. Ms. Thompson: I'm sorry? Chair Sam off You do not have enough Commissioners on the dais. Ms. Thompson: Okay. Thank you. Commissioner Gort: Yes. It's three of us. Chair Sam off Well, four fifths vote. Is that --? Commissioner Gort: Oh. Chair Sarnoff Now you have a four fifths vote, in your opinion? Ms. Thompson: Yes. City ofMiami Page 125 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off All right. So Ina [sic] Pinkney is the name? Ms. Thompson: That's right. She was -- Chair Sam off All right. Ms. Thompson: -- appointed. Following the appointment, we were advised that she does -- she no longer owns property in the City ofMiami, therefore she needs a residency waiver. Chair Sam off Does she still reside in the City ofMiami? Ms. Thompson: No. She was owning property, so -- it's own property, reside or work in. Chair Sam off So she does not reside in the City ofMiami? Ms. Thompson: That's correct. Commissioner Dunn: So -- Mr. Chair. Chair Sam off Yes. Commissioner Dunn: So what -- she's -- so what we need to do in order for her to serve is there must be a waiver. She's requesting a waiver. Ms. Thompson: You would have to grant the waiver of the residency requirement. Commissioner Dunn: I'll move. Chair Sam off All right. We have a motion by Commissioner Dunn. Is there a second? Commissioner Suarez: Second. Chair Sam off Second by Commissioner Suarez. All in favor, please say "aye. The Commission (Collectively): Aye. Ms. Thompson: Thank you. BC.17 RESOLUTION 10-00823 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort City ofMiami Page 126 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II Commissioner Richard Dunn II 10-00823 UDRB CCMemo.pdf 10-00823 UDRB Current_Board_Members.pdf NO ACTION TAKEN Chair Sam off Urban Development Review Board, UDRB. Priscilla A. Thompson (City Clerk): IfI might, Commissioner -- Chair Sam off Please. Ms. Thompson: -- just share some information with you -- Chair Sam off Absolutely. Ms. Thompson: -- which is in your memo with your packet. You have appointments to be made by Chair Sarnoff, Vice Chair Carollo, Commissioner Gort, Commissioner Suarez, and Commissioner Dunn. There are some individuals who are currently serving on that board who cannot be reappointed at this time. I just want to give you that information and remind you of that, and that is based upon Section 62-257(c) of the Code. Chair Sam off Madam Chair -- Madam Clerk, who is my appointment? Ms. Thompson: Todd Tragash. He is currently serving. His term actually ended April 9, 2009. Chair Sam off And how has his attendance been? Ms. Thompson: I'm sorry? Chair Sam off How has his attendance been? Ms. Thompson: It has been fine in that I have not recorded or requested from you -- Chair Sam off All right, I'm going to defer mine. Ms. Thompson: Okay. Chair Sam off Vice Chair. Vice Chair Carollo: Continue. Chair Sam off All right. Commissioner Gort. Commissioner Gort: Well, my understanding I have an appointment, but I have to -- cannot serve because does not meet requirements. City of Miami Page 127 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Ms. Thompson: I'm sorry, say that again. Commissioner Gort: This appointment, my understanding the person I appointed last month -- Ms. Thompson: Mr. Seco. Commissioner Gort: I know. Ms. Thompson: I'm sorry? I'm not -- Commissioner Gort: I'm reading the memo that I -- Ms. Thompson: Okay. Commissioner Gort: -- have in front of me. My understanding is that the person that I appointed last month does not qualify. Ms. Thompson: Right. Commissioner Gort: Right, so -- Ms. Thompson: That's correct. Commissioner Gort: -- I have to appoint someone else. Ms. Thompson: That is correct. Commissioner Gort: Okay. Thank you. Chair Sam off All right. Commissioner Dunn. Commissioner Dunn: I'm going to defer. Chair Sam off The deferment man, Commissioner Suarez. Commissioner Suarez: I continue, of course. Chair Sam off All right, BC.18. Ms. Thompson: I'm sorry. Didl hear Vice Chair on his appointment? Chair Sam off He was equally a continuer. Ms. Thompson: Thank you. BC.18 RESOLUTION 10-00824 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 128 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Denis Rod Commissioner Francis Suarez 10-00824 Waterfront Memo. pdf 10-00824 WAB Current_Board_Members.pdf Motion by Vice Chairman Carollo, 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-10-0294 Note for the record: The appointment by Vice Chairman Carollo was deferred to July 22, 2010 Commission meeting. Item 10-00855. Chair Sam off Waterfront Advisory Board, BC.18. Vice Chair. Vice Chair Carollo: I actually want to defer this to July 22, and I'll have someone by then. Chair Sam off All right. The continuing/deferring man, Commissioner Suarez. Commissioner Suarez: For my vacancy, Denis Rod. Priscilla A. Thompson (City Clerk): Mr. Denis Rod, okay. Chair Sam off And Commissioner Dunn. Ms. Thompson: Actually -- Chair Sam off He has two, you're right. I apologize. Ms. Thompson: So you're just going to fill the vacant seat at this time? Chair Sam off Commissioner? Commissioner Suarez: Yes -- Chair Sam off Yes. Commissioner Suarez: -- the vacant. Ms. Thompson: Thank you. Chair Sam off All right. Commissioner Dunn. Commissioner Dunn: I'll defer. Chair Sam off All right. Is there a motion? Vice Chair Carollo: So move. Chair Sam off We have a motion by the Vice Chair -- City of Miami Page 129 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Gort: Second. Chair Sam off -- second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. BC.19 RESOLUTION 10-00828 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Nathan R. Kurland Chairman Marc David Sarnoff Walter Frazier Commissioner Richard Dunn II 10-00828 CC MSEA Memo.pdf 10-00828 MESA Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0303 Chair Sam off BC.19, Miami Sports and Exhibition Authority. I will reappoint Nathan Kurland. Commissioner Dunn. Commissioner Dunn: I'm going to appoint -- didn't I have an appointee on that? Who was my appointee? Priscilla A. Thompson (City Clerk): This one is a vacant seat here. No one is sitting in this particular seat. Commissioner Dunn: I never appointed anyone for that? Ms. Thompson: According to my records, not if it's vacant. Let me just check for -- just hold on -- Commissioner Dunn: Okay. Ms. Thompson: -- and I'll check for you. Commissioner Dunn: Okay. We can -- I guess we can come back to it 'cause I thought I had appointed somebody to that. I'm just -- and Roland Smith -- but I'm not sure. Didn't I? That's -- I think I did. A Roland -- Coach Roland Smith. Ms. Thompson: Okay. You have two seats, two appointments. Mr. Smith was appointed on February 11, 2010 -- City of Miami Page 130 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Dunn: Okay. Ms. Thompson: -- so you still have a vacant seat assigned to your district. Commissioner Dunn: I still have a vacancy? Ms. Thompson: Yes, sir. Commissioner Dunn: What's the requirements? Do they have to live in the City? Ms. Thompson: Yes. Vice Chair Carollo: Unless a four fifth, right? Commissioner Dunn: Okay. Oh, you said they have to -- Oh, I can get a waive -- Can I get a waiver? Ms. Thompson: I need to check that because -- Vice Chair Carollo: Okay. Ms. Thompson: -- one of the -- if you would just give me time to check. Commissioner Dunn: Okay. Chair Sarnoff I'm not sure you can get a -- I'm not sure MSEA (Miami Sports and Exhibition Authority) you can get a waiver. Ms. Thompson: Okay. As with all of the boards, they must live, reside, or own property in the City ofMiami, and with MSEA, they shall be a qualified elector ofMiami-Dade County. Chair Sam off So you can't get a waiver. Commissioner Dunn: I can't get a waiver on that. Ms. Thompson: Not on the elector. Commissioner Dunn: Okay, I gotcha. Ms. Thompson: Now what -- but an elector of Dade County. Chair Sam off Oh, Dade County. Commissioner Dunn: Of Dade County. Vice Chair Carollo: Dade County. Ms. Thompson: Yes, Miami -Dade County. Commissioner Dunn: Oh, okay. Yeah. Chair Sam off I thought you said City of Miami. City ofMiami Page 131 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Dunn: Coach Walter Frazier, my high school coach. Chair Sam off What was the name? Commissioner Dunn: Coach Walter Frazier. Chair Sam off And he was a great guard. Commissioner Dunn: That was my coach. Vice Chair Carollo: So move. Chair Sam off All right, we have a motion by the Vice Chair -- Commissioner Gort: Second. Chair Sam off -- second by Commissioner Dunn. All in favor, please say "aye. " The Commission (Collectively): Aye. BC.20 RESOLUTION 10-00830 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: David Berley Chairman Marc David Sarnoff 10-00830 Homeland CCMemo.pdf 10-00830 HD Current_Board_Members.pdf 10-00830-E-mail Regarding Gary Reshefsky's Resignation.htm.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-10-0304 Chair Sarnoff All right, Homeland Defense Improvement Bond Board, BC.20. I will appoint David Berley. Vice Chair Carollo: I will -- Chair Sam off B-E-R-L-Y -- L-E-Y. Priscilla A. Thompson (City Clerk): B-E-R-L-Y? Chair Sam off I'm sorry, B-E-R-L-E-Y. City of Miami Page 132 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 DI.1 09-01456b Ms. Thompson: B-E-R-L-E-Y, David. Chair Sarnoff And I'll leave you a resume, if you like. I apologize, the Vice Chair -- Vice Chair Carollo: Continue. Chair Sarnoff -- and the continuing man. Commissioner Suarez: Continue. Chair Sarnoff All right, he's continued. So do I have a motion? Commissioner Suarez: So move. Vice Chair Carollo: Second. Chair Sam off All right, we have a motion by Commissioner Suarez, second by the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sam off All right, gentlemen -- Ms. Thompson: Thank you. Chair Sam off -- I have a pocket item for you, sorry. Not a -- Commissioner Gort: David, you're going to be busy. Chair Sarnoff Huh? Commissioner Gort: David is going to be busy. He's serving on two boards. Good. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT Finance EXPENDITURES -THIRD QUARTER FY 2010 (4-01-10 THRU 6-30-10). 09-01456b Summary Form.pdf 09-014546b-Submittal-City of Miami Financial Statement Presentation.pdf DISCUSSED Chair Sam off I guess we'll move to DI.1. Mayor Tomas Regalado: DI.1 is the grant expenditures, and Diana Gomez will do the presentation. However, I think it's important that the Manager address one item regarding the grants so it's on the record that we're trying to do several things in order to keep track and to have consolidation of the grant management and information so we can, month by month, inform the members of the Commission. So Carlos, if you want to explain what we're trying to do with the Grants Departments [sic] and --? City of Miami Page 133 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Carlos A. Migoya (City Manager): Happy to. Mr. Chair, Mr. Mayor, Commissioners. When we talked about moving Grants to -- under Assistant City Manager Crapp, one of the conversations that we had was around the management of grants. Today, all our grants are done by individual departments where -- that's where the technical expertise is. A big piece of these grants obviously are done by Fire because that's where a lot of the grants come from, whether they use it for their own -- for the Fire Department or they manage it for the City to do a lot of the technical expertise, but that's still -- if you look at it, it's still about 30, 40 percent of the overall grants of the City. There's still a lot of other ones, the CIP (Capital Improvement Programs) and obviously in the grant and CD (Community Development) and so forth. So one of the things that we talked about under the Grants Department, under Dorcas Perez, was to have a group of people that would actually manage the timing of and process of grants to make sure that they were being done timely. Of course, we've had a few fires since we did that and have not focused on it, but now one of things that -- over the last week or so that we've been talking about -- and I'm happy to have Assistant City Manager Crapp; our director, Dorcas Perez, give you further details -- is to have people that will then monitor -- we're not talking about centralizing grants. We're talking about centralizing the management of the grants so that we know at all times how many grants we have and -- that are being processed, where we are from a timely standpoint as far as processing them so that we get the proper payments on a timely basis, and as well as making sure that when we go apply for grants, that we do that on a timely basis so we don't miss any grants. To date, we have never -- we haven't had any grants returned to us from that perspective, so we -- so collectability has not been an issue. The timeliness of collectability is a different issue. And frankly, under today's environment, where our reserves are as tight as they are, the working capital for the City is extremely important, especially going into the collections for this coming fall with -- taxes start coming in in November and December and we don't have a strong reserve, and we have to make big pension payments on October 1 and some -- and other payments. And I see Peter [sic] Chircut over there nodding 'cause obviously, he's the one that got to make the payments, worry about the working capital. So we are going to try to make sure that we maintain as close controls over the working capital as necessary to make sure that we can bring in these grants on time from a collectability standpoint. Chair Sam off Commissioner Gort, you're recognized. Commissioner Gort: Does this means [sic] we're going to get our reimbursement on time? Improve our reimbursements. Mr. Migoya: That's the idea. Dorcas Perez (Acting Director, Grants Administration): Yes. Commissioner Gort: Good. Ms. Perez: Commissioners, to reiterate what the Manager was saying, we're going to have -- Chair Sam off Just for the record, you need to state your name. Ms. Perez: I'm sorry. Chair Sam off That's okay. Ms. Perez: Dorcas Perez, Grants Administration. We're going to have a centralized grants management process to deal with these issues and to work on getting the reports and the reimbursements in on a timely basis, and we'll be working closely with Finance to make sure that that happens. We realize that the current process is not optimal, and we're moving forward City of Miami Page 134 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 to have a centralized process for the management as well as the writing of the grants. Commissioner Gort: Thank you. Commissioner Dunn: I think (UNINTELLIGIBLE) -- Vice Chair Carollo: Mr. Chairman. Chair Sam off Mr. -- the Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. Question, what are the chances that we could still collect all those monies? Because some of it goes back to, I believe, 2005, definitely 2006, but I think even back to 2005, so we're talking quite a few years. What is the collectability? Ms. Perez: From my understanding, we will go back to the funder; and if all the paperwork is in, then there should be no problem with getting that money back, but we have to deal with each individual funder at that point. Vice Chair Carollo: So you believe that we should be able to --? Mr. Migoya: Mr. Commissioner, the things that go to 2005, Diana Gomez is pretty well to be able to explain it. A lot of that is FEMA (Federal Emergency Management Agency). Half of it, we're in the process of a lawsuit with a contractor and FEMA is the backup to that, which is part of this. And the other half we're in the process of getting the paperwork together. But I'd like to have Diana talk -- that's $7 million on FEMA for two hurricanes. I think it was Wilma and Katrina, ifI remember correctly. But ifI may have Diana speak to it, I would appreciate it. Diana Gomez: Diana Gomez, Finance director. The Manager is correct. About $7.8 million, I believe it is, is related to the hurricanes, mostly Katrina and Wilma. All those amounts, the various departments have been putting together the packages. And there is an amount that's with HDR (Henningson, Durham, Richardson) and it's about half of that amount that there's some legal issues going on with HDR and we hope to resolve that before -- as far as the (UNINTELLIGIBLE). We have not received any notification that it will not be reimbursed, so there's no reason to believe at this point that it will not be reimbursed. Chair Sam off All right. Vice Chair Carollo: And Mr. Manager, I understand that there used to be another Administration and so forth, but this was a finding -from last year that still has not been corrected, so you know, I'm -- that's why I'm concerned. That's why I'm asking these questions. Mr. Migoya: This is a finding -from last year, which, of course, we received in March or April. But even before March or April, this is something that we were aware of. We had [sic] had a few fires to worry about, and you're right, we have not -- we have kind of dropped the ball on this one, but this is one that is very important and one that we're jumping on now. Vice Chair Carollo: You know -- Chair Sam off And historically, so you know, Commissioner Gonzalez, from that seat right there, made the very same questions about 18 months ago here and said what's the status of the hurricane -- excuse me -- reimbursements? And the City came back with the exact same statement they're coming to you today with. City of Miami Page 135 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: I understand that. It's just a different Administration, andl do see, you know, improvements with this Manager and, you know, his team and so forth. However, I still need to, you know, pose these questions because it is a concern. I think I have to do, you know, my due diligence ifI really do believe that, you know, I have a fiduciary responsibility to the City. At the same time, if you look at page 15 in your CAFR (Comprehensive Annual Financial Report) on deferred revenues, under general, you see $20.4 million that could have a big impact if we collected some of these funds. Andl would assume that a lot of that $20 million is from these revenues or these, you know, grants receivables that we haven't, you know, collected, so this could have a big, you know, dent in our total fund balance. So you know, that's why I'm raising the question, you know, 'cause it's a concern. Mr. Migoya: Well, let me just say that it -- that's -- the collection of the 20.4 will not have a dent on the fund balance, but it will have a big improvement on working capital, and they're two very different things, so -- Vice Chair Carollo: Yeah, but at the same time, it's under a liability right now, and we -- if we could remove some of that liability, you know -- Mr. Migoya: Without a doubt, but -- Vice Chair Carollo: Right. Mr. Migoya: Diana. Ms. Gomez: IffI may, the deferred revenues in the general fund have nothing to do with the receivables that we're talking about from FEMA. They are all in emergency services fund. So nothing having to do with the FEMA receivables have anything to do with the 20 million -- $20.4 million in the general fund. Vice Chair Carollo: Well, when I spoke to the auditor yesterday, it was my understanding some of that was going to the deferred. Ms. Gomez: Yes, it's going to deferred in the emergency services fund, a special revenue fund - Vice Chair Carollo: Which is -- Ms. Gomez: -- not in the general fund. So it's on the same page 15 under emergency services. Vice Chair Carollo: So instead of 20, it's 9? Ms. Gomez: Yes, correct. The one in the general fund has more to do with taxes and licenses and permits that we have collected, but that we have not earned it yet because it's for the new fiscal year. Chair Sam off Mr. Mayor -- Mayor Regalado: Mr. Chairman. Chair Sam off -- you're recognized. Mayor Regalado: Just -- the same questions that the Vice Chairman pose, I posed two years ago, three years ago because I follow the FEMA/HDR issue since Katrina and Wilma, especially in our district, District 4, where garbage and trash debris were not being pick up or City of Miami Page 136 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 there was a disconnect between what FEMA wanted us to do and what was the City doing at that time, supervised by HDR. There is something that has been done. Since this Administration took over, we have filed suit; that we have not then done that in the past, although I pleaded with the past Administration to do it. Andl believe that we have other options trying to recoup some of the money from FEMA. My understanding is that there was sort of a deadline, July 1, to have all the documents ready, andl believe that -- I think that we already have, number one, the legal case against HDR because they couldn't produce all the documents, and number two, we have in place some project to recoup some funds. And so you're right, this has been an ongoing thing for several years. It dates back to Katrina and Wilma. And hopefully, we will recoup some of the money. Chair Sam off Mr. Mayor -- Vice Chair Carollo: Thank you. Chair Sarnoff -- did you say we filed suit? Mayor Regalado: Yes. Mr. Migoya: We are in the process of filing suit right now, this week. Chair Sam off Against FEMA? Mayor Regalado: No. Mr. Migoya: No. Mayor Regalado: HDR. Chair Sam off Oh, HDR. I'm sorry. Mr. Migoya: The contractor. But then the fall back to that is FEMA. So whatever we don't recover from HDR, we will recover from FEMA. And the timing is on schedule to be able to do just that. Mayor Regalado: 'Cause remember -- andl -- I guess at that time, I was the only one here that is here. What the City did was during the debris pickup, HDR will follow the City trucks, but the City trucks did not got [sic] any real direction. FFJvL4 had specifics. You know, how many inches, how big, how wide, how thick, and it has to be pick up by different trucks. Now the Solid Waste did spectacular job cleaning up. However, the supervising team did not adhere to FEMA specifications. And this is what created all the mess that we were in for so many years. So the only recourse is to go to the contractor. Vice Chair Carollo: Mr. Chairman. Chair Sam off You're recognized. Vice Chair Carollo: Thank you. I understand where we're talking about FFJvL4 because it's, you know, dated the latest from 2006 and so forth. Andl understand when you say the deferred revenue for emergency services being, you know, the 9.6 million. However, we also have approximately 21 million of grant expenditures that has not been billed or submitted to the guarantor for reimbursement that were at least 60 days old. What type of grants were those? Ms. Gomez: Some of those grants, I believe that's -- hold on -- about -- there are some of them City of Miami Page 137 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 which are UASI (Urban Area Security Initiative). I don't have the breakdown of exactly which grants are -- were not submitted, but I know some of them are UASI grants. There's a lot of different grants throughout the City. There's probably some capital improvement grants that hadn't been submitted as of 9/30 and some USAR (Urban Search And Rescue) -- Vice Chair Carollo: So when -- Ms. Gomez: -- as well. Vice Chair Carollo: -- you were talking about FEMA, you were looking at, you know, a smaller picture. I was looking at it as a whole. And we have 21 million in grant expenditures that are -- Ms. Gomez: That's correct. Throughout the City that have not been reimbursed -- submitted -- Vice Chair Carollo: Exactly. Ms. Gomez: -- for reimbursement. Vice Chair Carollo: And that's what I originally had meant. Ms. Gomez: Right. And at the same time, I guess we have to consider the timing. This is as of 9/30, so if the expenditure just happened on September 1, it may have not yet gotten submitted as of 9/30. That doesn't make it late, per se. Some things are reimbursed quarterly, some are done monthly. So it's -- you can't just take it from -- to say 21 million was not reimbursed. Yes, that is correct, but you have to really look at the timing. Vice Chair Carollo: Right. But it says not that they were not reimbursed. Had not been billed or even submitted -- Ms. Gomez: Right. Vice Chair Carollo: -- and they were at least 60 days old. Ms. Gomez: Right. Submitted for reimbursement. Right. Vice Chair Carollo: Right. Ms. Gomez: Right. Vice Chair Carollo: So at least, you know, they were 60 days old. In other words, we could have submitted it -- Ms. Gomez: That's correct. Vice Chair Carollo: -- and we didn't. Ms. Gomez: That is correct. Chair Sam off Commissioner Suarez, you're recognized. Commissioner Suarez: I like the idea of having a central -- Vice Chair Carollo: Yeah. City of Miami Page 138 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Suarez: -- I don't want to call it a department 'cause I don't want to create any more layers to the City, but having some sort of a central responsibility where all of the grant monies and applications flow through so we have a coherent understanding of what's going on. I mean, I think that's what happens a lot of times in government. You see it in, you know, terms of the military and the federal government. The right hand's not talking to the left hand. And these problems, as you can see from 2005, grow and grow and grow. So I think it's a good idea to have some sort of a central flow for this information. The only thing that I would request of the Administration is that we get, in addition to our monthly financial reports, working capital and a cash position, monthly cash position of the City just so that we know -- and know it's cyclical, and the Manager andl spoke about the cyclical nature of our, you know, cash position, but I think it's good for us to know. You know, just like you have it summarized very well on our deficit position, our cash position, and our working capital; you can add that to that graph. Ms. Gomez: Yeah. I could probably add maybe the balance sheet, which would tell you the cash as of that particular month. Commissioner Suarez: Yeah. Whatever is our cash and whatever is our -- 'cause I don't know if it's two different things that I'm asking you for 'cause the Manager has described working capital as a certain technical term, which is the assets less the liability -- Vice Chair Carollo: Liability. Commissioner Suarez: -- minus the liabilities. And then I just want to know also how much cash, like actual real dollars do we have in our bank account. Ms. Gomez: Physical cash we have in the -- Commissioner Suarez: Exactly. Ms. Gomez: -- bank account, in the general fund. Commissioner Suarez: So if they're two separate numbers, then I'd like to see them both. I think we should all see them both. Ms. Gomez: I'll try to figure out a way that makes it make sense and -- Commissioner Suarez: Please. Thank you. Ms. Gomez: -- try to put it in for the next reporting. Mr. Migoya: Mr. Chair and Commissioners, the cash position will be easy enough 'cause that is a actual number. The working capital will be tougher to try to figure out, but we'll figure out what we can provide so we can give you better -- 'Cause at the end of the day, working capital is allow of how you're going through, but -- and the cash kind of gives you where you are from a working capital perspective. But we'll kind of work on this and we'll probably learn -- Ms. Gomez: Right. Mr. Migoya: -- together as we go through it. Vice Chair Carollo: Mr. Chairman. City of Miami Page 139 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off You're recognized. Vice Chair Carollo: However, in order to have a true cash statement and so forth, we need to have adequate bank reconciliations and that's another one of the findings which I find is unacceptable. I don't want to, you know, jump the gun already, you know, 'cause I know you have your presentation. But having a material weakness in back reconciliations, that's unacceptable. So you really don't know what your cash position is because they haven't reconciled. They're always late, and that's unacceptable. Chair Sam off Commissioner Dunn. Commissioner Dunn: My question is in terms of the -- this process being centralized. How was it, from a decentralized -- what is the difference in terms of efficiency and proficiency in terms of it being moved from decentralized into centralizing it? Mr. Migoya: It's not like we're moving anything. We're just adding to what we're doing right now. Each individual department -- let's use Fire, for example, with USAI grants. Fire will continue to do the USAI grants and everything else. We'll just have Big Brother now keeping an eye on Fire to make sure that they send in those grants on time and that we collect them on time. And if someone is not doing the job within Fire, they will bring it up to the Fire chief. And if the Fire chief who's usually pretty capable of handling these things but won't, then I -- that's -- it's a check and balance thing -- then I'll be involved. 'Cause at the end, all we're doing is keeping track to make sure that they're being processed on time. That's all. Commissioner Dunn: So really, this centralization process sort of serves as a clearinghouse through your --? It'll be --? Mr. Migoya: It's really a checks and balance to make sure that they're doing these things timely. And it's one more check and balance that we need to add to make sure that we -- I mean, at the end of the day, working capital, although it doesn't add to the reserves, it doesn't add to the deficits, it's important that we keep track of it and keep our working capital on check. Commissioner Dunn: Okay. Chair Sarnoff Anyone else wish to be heard on DI -- is it DI.1.1 [sic]? Commissioner Gort: We'll get to this later. Vice Chair Carollo: I think it's DI.1.2 [sic]. Chair Sarnoff 1.2, I'm sorry, we're on. Well, I guess we're on -- let's open -- Ms. Gomez: Yes. Chair Sam off Essentially, we're on both. Commissioner Gort: We're still on the Mayor's (UNINTELLIGIBLE). Chair Sam off We're still on the Mayor's. Vice Chair Carollo: I think she wants to do a presentation first. Commissioner Dunn: On D-- City of Miami Page 140 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off All right, let's do it orderly. We'll do it at D-- you want to take them both? Ms. Gomez: Yeah. Chair Sam off Okay. DI 1.1 [sic] and DI.1.2 [sic] are opened up for discussion. Ms. Gomez: Okay. DI.1 -- Diana Gomez, Finance director -- is the quarterly update of nonreimbursable grant expenditures for the third quarter of fiscal year 2010, which is the period of April 1, 2010 through June 30, 2010. As required by the financial integrity principles, I'm required to come and discuss any nonreimbursable amounts that the City's been made aware of. As of this period, there have been no nonreimbursable grant expenditures reported. Chair Sam off One more time. Can you -- you want to back that up? Ms. Gomez: There have been no nonreimbursable grant expenditures reported, meaning there's no amounts that have been determined to be not reimbursable. Chair Sarnoff In other words, there's been no conclusion? Ms. Gomez: No. They're just -- we haven't been told. Vice Chair Carollo: It's a good thing. Chair Sam off Yeah. Ms. Gomez: It's a good thing, yes. Chair Sam off No. I get it, I get it. It almost sounds like a double negative. Ms. Gomez: I know. Chair Sam off There are no nonreimbursable grants. Ms. Gomez: Nonreimburs -- Chair Sam off Isn't there a better way of saying that? Ms. Gomez: There are no amounts that have not been reimbursed. Chair Sam off There you go. Ms. Gomez: Maybe. Commissioner Dunn: That's in laymen's terms. Ms. Gomez: Okay. Chair Sam off Well, lawyers too 'cause, I mean, we don't like double negatives. Commissioner Gort: You guys got your own languages. Chair Sam off Well, I just want to point out to you accountant guys, you financial guys, no City of Miami Page 141 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 DI.2 10-00765 nonreimbursable grant expenditures. Ms. Gomez: Sorry. Chair Sam off I don't know if that means that's -- he's right. I didn't know if that was good or bad. Commissioner Gort: It's like declassed unclassified. Vice Chair Carollo: I got your back. Chair Sam off I thank you. I -- Vice Chair Carollo: I got your back. Chair Sarnoff -- appreciate that. I -- so it's a good thing. All right, good things. Anybody have any discussion on DI1.1 [sic]? DISCUSSION ITEM Department of PRESENTATION OF THE SEPTEMBER 30, 2009 COMPREHENSIVE Finance ANNUAL FINANCIAL REPORT (CAFR), SINGLE AUDIT AND MANAGEMENT LETTER BY THE EXTERNAL AUDITORS, MCGLADREY & PULLEN. 10-00765 Summary Form.pdf 10-00765 Financial Statement.pdf 10-00765 Single Audit Report.pdf 10-00765 Management Letter.pdf 10-00765-Submittal-City of Miami Financial Statement Presentation.pdf DISCUSSED Chair Sam off All right, you want to go to DI.1.2 [sic]? Diana Gomez: DI.1.2 [sic]. Diana Gomez, Finance director. DI.1.2 [sic] is the annual presentation of the financial statements, the comprehensive annual financial statements, the single audit report, and the management letter. I will do a short -- brief presentation to go over some of the high-level pointers and then I will turn it over to McGladrey & Pullen, who are our auditor -- our external auditors, and they will additionally -- make additional presentation to the Commission. The Comprehensive Annual Financial Report, this is the financial statements of the City as of 9/30/2009. The City did receive an unqualified opinion, which is the best opinion that a government agency can receive. And this means that there's no -- there's nothing that will qualify the opinion. It's the most assurance that can be given to a set of financial statements. It was issued on April 20, 2010, and we submitted it to the GFOA's (Government Finance Officers Association) Excellence in Reporting Certificate program. We received that certificate last year and we anticipate to receive it again this year. When looking at the financial statements, page 17 of the financial statements, the focus is on the general fund, fund level financial statements. Revenues for fiscal year total 471.5 million, expenditures total 526 million. Transfers in and out, transfers in were 47.7 million and transfers out were 46.3 million. The net effect of this resulted in a fund balance decrease of $53.6 million. Chair Sam off Could I stop you for a moment? Ms. Gomez: Sure. City of Miami Page 142 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off To the average citizen, what does transfers in, transfers out mean? Ms. Gomez: Transfers in means funds that are brought in from other funds, meaning they were collected and reported as revenue in a separate fund, in a special revenue fund, in a capital projects fund, and then brought into the general fund at year-end or during -- throughout the year because that's where they belong. Chair Sam off All right, because -- Ms. Gomez: For instance, an example is PST (Public Service Tax) taxes, a communication services taxes, FPL (Florida Power & Light) taxes. Because they are pledged for debt service, they have to be initially recorded in a special revenue fund. And then, once all the payments have been made, we can bring in -- it really is a general fund revenue, but because we're pledging it, we have to record it somewhere else, make the debt service payment, and bring it -- then bring it back in. And transfers out -- sorry. Chair Sam off That's all right. Do any of the transfers in or transfers out include the $20.1 million from the CIP (Capital Improvements Program)? Ms. Gomez: The transfers out -- we did transfer out -- I mean, I was going to get there. Chair Sam off Okay. If you are, that's fine. Ms. Gomez: On the transfers out, transfers out represent amounts that the general fund gives or contributes to other funds. Of the $53.6 million, which is a decrease in fund balance in the general fund, it was due primarily to expenditures in excess of original budgets of $25.2 million, as well as the one-time transfers to capital projects in the amount of $20.2 million to cover the capital project expenditures that were overspent in the capital fund, as well as $8.2 million to replenish impact fee eligible capital project accounts for which previous general fund contributions had been removed. If you recall, this is what was discussed by the Manager back when we did the budget amend -- the final budget amendment for 2009. Chair Sam off All right. To a layperson, I want you to explain what that means. Ms. Gomez: It means that the general fund had to fund $20.2 million of expenditures that were incurred in the capital projects fund for which the funding had been removed in previous years. Chair Sam off You're going to have to go a little deeper. Ms. Gomez: Okay. Sorry. The general fund -- the capital projects funds had spent -- there had been some -- a number of projects that had continued to spend after the funding had been removed. The budget had not been reduced and, therefore, the projects continued to spend, which since the funding had been removed in previous years, the -- and the projects not controlled to stop the spending, they created a deficit, a hole. The general fund had to fill that hole with its own funds. Chair Sam off From the general fund? Ms. Gomez: From the general fund To submit it over so that those capital -- Chair Sam off So let me see ifI could summarize what you just said. Certain capital improvements that were being done in various districts were no longer funded exterior of the general fund. For instance, Homeland Security bond project, which is certainly a perfectly City of Miami Page 143 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 valid way of funding something. For one reason or another, those projects did not receive the funding from a valid source exterior of the general fund? Ms. Gomez: No. The -- those projects had -- were originally been pledged dollars from the general fund in previous years. Commissioner Gort: They went above that. Ms. Gomez: So -- Chair Sam off Is it as simple as Commissioner Gort says, they just overspent? Ms. Gomez: The funding -- since -- they had the money given to them in previous years from the general fund That general fund monies was taken back into the general fund in previous fiscal years and those projects continued to spend. So they didn't have the funding behind it at that point. So since they continued to spend, they created a deficit. No other funds can -- could cover it within the capital fund -- Chair Sam off All right. Ms. Gomez: -- so the general fund had to cover it. Chair Sam off So let me ask it then the way Commissioner Gort 'cause I kind of understand the way he explains it, which is you're going to build a house. The house was anticipated to cost $300,000, but your significant other got involved and suddenly said that chandelier is a little small. Vice Chair Carollo: Is that always the case? Ms. Gomez: No. Chair Sam off That -- Ms. Gomez: No. Chair Sarnoff -- we need an -- no? Ms. Gomez: I don't believe that that's the way it should be explained. Commissioner Gort: That's the capital improvement that they did have. Mr. Migoya: No. I have a better analogy for you, using the same thing, since I've -- Chair Sam off Could you give us one? Mr. Migoya: -- been divorced too many times. So this is the same house, the $300,000 house that you put the $300,000 aside, and your wife took $150,000 and used it for her credit cards to buy jewelry. And now, all of a sudden, you're short $150,000, and you had to come up with a $150,000 out of your general fund to be able to finish the house. Ms. Gomez: That's better. Chair Sam off So by that, you're telling me a project was scheduled to cost "X" dollars, but some of that money got diverted? City of Miami Page 144 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Suarez: Yes. Mr. Migoya: That's correct. Chair Sam off How did the diversion occur? Mr. Migoya: The diversion happened in -- Ms. Gomez: '07/'08.. Mr. Migoya: -- over two years where they used -- they took the money from these project accounts back to the general fund to balance the funds in 2007 and 8 -- Ms. Gomez: Seven and eight. Mr. Migoya: -- which is what happened, and that was a $20 million that -- which actually, at my entry to the City, cost a person their job. Chair Sam off Okay. All right, thank you. I just wanted to make sure I understood that. Larry Spring (Chief Financial Officer): Can I make one clarification, since somebody said -- mentioned the word homeland defense bonds. Ms. Gomez: Right. Mr. Spring: There was no bond money associated with any of these transfers, one. I need to be clear about this. It was general fund money that had been transferred into the capital fund previously that was moved out, per his example. So I just want to be clear about that. Chair Sam off Andl if mentioned that, Larry, it was only -- Mr. Spring: I know. Chair Sam off To me, it's a valid source of capital fund dollars. Mr. Spring: No. I got you. I just -- Chair Sarnoff I didn't suggest to you it was used. I'm just saying per exemplar. Mr. Spring: Okay. Chair Sam off Okay. I apologize. Ms. Gomez: No. That's fine. Ending fund balance as of 9/30 was -- in the general fund totaled $39.9 million. If you look at the balance sheet again, focusing on the general fund fund level financial statements, assets for the -- total assets for the year were 97.7 million. Cash at year-end totaled 30.3 million. So that you know, pooled cash balances are needed to be used to cover cash deficits in October and November 2009 in the general fund due to payments -- payment of the pension cost on October 1. So again, as we talked about the working capital and cash flow, we have to make a very large pension payment on October 1 and therefore, it depletes the general fund cash so we utilized pooled cash in order to cover that payment. Chair Sam off What is pooled cash? City of Miami Page 145 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Ms. Gomez: Pooled cash is the system of cash that the City uses where all the cash available to the City is pooled together in order to be invested and get the best rate of return, so on and so forth. It's a method of -- each fund has its own cash assigned to it when we actually do financial reporting. However, it is a pool of cash of all the City's cash. So when we have to make cash payments, we take it from pooled cash and then account for it afterwards. Liabilities for the year totaled 57.7 million. When you look at fund balance -- I'm sorry. Did you have a question? Commissioner Suarez: Mr. Chairman, ifI may? Chair Sam off Please. I'd like some help. Commissioner Suarez: I -- that's the pooled cash? I think that's one of the two -- there's a difference between working capital -- and if it's a significant difference between that and pooled cash, I'd like to know both numbers. I think we'd all like to know both numbers on a monthly basis. If they're substantially similar, I mean, off by a very small -- Ms. Gomez: Yeah. Commissioner Suarez: Give you the discretion, but you know, I think we just want to know, more or less, how much cash the City has to see if we're getting into any kind of a precarious financial position from that perspective. Ms. Gomez: When you look at pooled cash, you're looking at all of the funds put together, all of the cash, all capital, all special revenue, all debt service funds. It is a much larger number than the working capital of the general fund. So we can -- Commissioner Suarez: I think we (UNINTELLIGIBLE) both. Ms. Gomez: -- show you that infor -- we'll try to figure something out so that we can -- Commissioner Suarez: Both, I think. Ms. Gomez: Yeah, sure. Commissioner Suarez: I mean, under that -- 'cause I think they're different numbers and -- Ms. Gomez: Yes, they are. Commissioner Suarez: Okay. Ms. Gomez: Okay. Looking at the fund balance, we have three categories of fund balance. Reserved, and in reserve we have $2.4 million for prepaid items, which is typically insurance that is prepaid, and long term due from other funds of $12.7 million, which has to do with the FEMA (Federal Emergency Management Agency) receivables or the emergency services receivables. Unreserved designated is subsequent years' budgets. We've put aside the $5 million contingency amount that we put each year. There is still $1.65 million of strategic initiatives dollars from back -- it's fund balance left over that has been designated and has not been allocated for any other purposes, as well as management initiatives of -- which is the balance of the fund balance, is $18.2 million. Unreserved undesignated had a zero balance as of 9/30. The financial integrity principle reserve requirement for fiscal 2009 was $94.2 million. The City did not meet that reserve requirement by $69.4 million. Looking at the single audit report -- well, actually, one thingl wanted to mention about the CAFR (Comprehensive Annual City of Miami Page 146 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Financial Report) and the comprehensive annual report. There was some discussion in the agenda review about some amounts -- a statement in the MD&A (Management's Discussion & Analysis) that talked about an increase in the millage rate from year to year on page 6 of the financial statements. This is comparing 2008 to 2009. So from 2008 to 2009 there was an increase in the millage rate from 7.2999 to 7.6740. From 2009 to 2010, which is the current fiscal year, there was no increase. I just wanted to clam that because I know that a couple of Commissioners' offices had that concern. Moving on to the single audit report, total federal expenditures for fiscal 2009 were $48.7 million. The single audit report did find -- did provide a qualified auditors report issued on compliance for major programs of federal programs. On the state expenditures for 2009, we have $4.2 million. On the state side, we had an unqualified auditors report. The qualification on the federal program had to do with inventory accounts on the UASI (Urban Area Security Initiative) program. Vice Chair Carollo: Is that the only reason? Ms. Gomez: I believe so, yes. So -- Vice Chair Carollo: Which -- Ms. Gomez: -- the inventories were not being performed timely. Vice Chair Carollo: -- was a finding last year also, correct? Ms. Gomez: On the UASI program, I'm not sure. On the overall City financials, I believe there was a finding on the inventory counts. But on the UASI program specifically, I don't know that there was. I don't have prior years. Mr. Spring: It wasn't tested last year. Ms. Gomez: It wasn't? Mr. Spring: Tested -- Ms. Gomez: Okay, no, it was not. Mr. Spring: It wasn't tested. Ms. Gomez: It was -- the UASI program finding was not there in the previous year. The overall capital assets finding was. Mr. Spring: Yeah. Ms. Gomez: So we're talking about the single audit report. Vice Chair Carollo: Gotcha. Ms. Gomez: Okay. With the single audit report, they were -- there were several findings and several different types of finding. They're controlled deficiencies. There's six findings in that category, two are considered material weaknesses, four as significant deficiencies. When McGladrey & Pullen takes over in a little bit, they will explain, you know, in more detail, if need be. Internal control over compliance, there were three findings in compliance. There were also three findings. Here listed are the control deficiencies having to do with bank reconciliations, reporting of accruals and accounts payables, payroll processing, Oracle human resource management system implementation, filing for grant reimbursements, and City of Miami Page 147 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 capital asset management. Under the control -- internal control over compliance, there's -- there was findings related to payroll certifications on programs, equipment and real property maintenance, and program income. Compliance findings were found in equipment and property real -- and real property management, program income, and environmental reviews. On the management letter side, the control deficiencies are the same that we talked about in the single audit. There's one compliance finding and nine other comments. Yes. Vice Chair Carollo: Ms. Director, I want to point you to page 28 of the single audit reports. You know, in accordance with OMB (Office ofManagement & Budget) Circular A-133. I see here under federal, two spaces down, CFDA (Catalog of Federal Domestic Assistance) 90 -- number 97.076 U.S. Department of Homeland Security/Urban Area Security Initiative Grant program 2004, UASI The status is not corrected. Apparently, there was a finding -- Mr. Spring: Yeah. Vice Chair Carollo: -- previous year. Ms. Gomez: I stand corrected. Yes, there was, if it's listed here. Vice Chair Carollo: Thank you, ma'am. And the only reason I'm pointing it out is because I want to make sure that it does gets [sic_ fixed -- Ms. Gomez: Absolutely. Vice Chair Carollo: -- and it doesn't happen year after year after year and we just breeze through it and not really pay attention to it and, you know, gloss through it, and you know -- You know, I really do believe in accountability and that's why I'm pointing these things out. You know, I'm not trying to embarrass anybody or I'm not trying to, you know, make anyone's work difficult I just want to make sure that we really look at this, see where the findings are, and we really do improve and make it better. As a matter of fact -- and again, I may be jumping the gun already, and I just maybe let you finish your whole presentation. But I mean, we were actually downgraded from an unqualified to a qualified, so that -- again, that's unacceptable to me. And you know, I'm just -- again, I just want to make sure that, you know, we do the correct -- or the corrections for the future. Ms. Gomez: Absolutely. And so that you know, with the single audit, the qualification is on the single audit report over federal programs. It's not over the financial statements or anything like that. Vice Chair Carollo: I understand. Ms. Gomez: And also, the programs -- as we mentioned before, the decentralization of the programs, it is the program manager's responsibilities to make sure that these findings are corrected year after year. I think that the Manager's moving, and having a centralized monitoring unit will in fact help this and help guide this into getting these things corrected. Commissioner Gort: That would help. Ms. Gomez: Going on to the management letter, the controlled deficiencies are also listed -- the same as in the single audit are listed in the management letter. There is a compliance finding on excess of expenditures over appropriations and there are other comments; grants receivable, interfund transfers, pension plans, password settings, IT (Information Technology) policies and procedures, IT system trail, timeliness of financial reporting, fund balance reserve requirements, and procurement code violation. So these are the comments that the auditors City of Miami Page 148 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 had come up with, andl believe that they met with you -- each of you individually to go over the comments and answer any questions you have. And in a few minutes, I'll turn it over to them for them to continue their presentation as well as answer any detailed questions you have. Couple of things. Looking ahead to fiscal 2010, as of May 2010, projections are currently reporting the finance -- the fiscal year 2010 deficit of $20.8 million due primarily to reductions in property tax collections, decreased license and permit fees, and decreases in interest income. There are management initiatives currently underway to reduce the deficit by cutting expenditures for the remainder of the fiscal year. Cash flow shortages at year-end will require the use of pooled cash again to meet cash needs for the first three months of the new fiscal year until property tax collections are received. Couple of things that are happening in the GASB (Government Accounting Standards Board) world. GASB 53 is accounting and finance -- accounting for derivative instruments. I'm sorry. This was issued in June of 2008. This statement addresses the recognition measurement and disclosure of information regarding derivative instruments entered into by state or local governments. The City does not have any derivatives, so I don't expect this one to affect us. GASB 40 -- 54 is fund balance reporting in governmental fund -type definitions. This finding will affect the City. It establishes accounting and financial reporting standards for all governments that report governmental funds. It establishes criteria for classing fund balance into specifically designed -- defined classification and clarifies definitions for governmental fund types. So we're no longer going to have the reserved -- designated unreserve -- or unreserved designated under reserved undesignated. We're going to have other classifications, such as committed, nonspendable, assigned, unassigned. Chair Sam off How much of our fund balance, which stands at -- Ms. Gomez: Forty million. Chair Sarnoff -- 40 million, which is really 20 because we're over budget. How much of that is actually not cash in hand but what you qualin, as a receivable? Ms. Gomez: No. As of 9/30, cash on hand was -- receivables, for the most part, are reserved for. Cash on hand at 9/30, we had $30 million, so the fund balance was $39 million. So -- Chair Sarnoff So approximately 25 percent of the fund balance is what you qualify as a receivable but not received? Ms. Gomez: It might not all be receivables. And there may be other amounts that are -- but yes. I guess that's an easier way to -- Mr. Spring: Classift it. Ms. Gomez: -- say it. Chair Sam off Well, doesn't this get back -- isn't the number of the -- a good 25 percent or more -- I think it's more -- I -- but you're the accountant, not me. Isn't that what we colloquially have described on this dais for the past three years the hurricane reimbursements? Ms. Gomez: No. The hurricane is not in the general fund, so the hurricane reimbursements are not -- do not affect the general fund. Chair Sam off No, no, no. My recollection being on the dais was Commissioner Gonzalez clearly stated -- andl thought you had agreed -- that a number of the receivables which included grant receivables, FEMA receivables. City of Miami Page 149 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Ms. Gomez: Not in the general fund. Chair Sam off No. The general fund balance. Ms. Gomez: No. Because the general fund has its own -- is its own fund, and there are no grant -related receivables in the general fund. So that's $39.9 million of fund balance is only what is due to the general fund. The grant receivables are due in other funds and they have their own respective fund balances. So those receivables are recorded in those funds. Chair Sam off Well, when you responded to Gonzalez two years ago or a year ago, and you said not all the fund balance -- and forgive me, I'm going to use a colloquial -- Mr. Spring: If you -- Chair Sam off You want to say something, Larry? Mr. Spring: Yes. If you would recognize me, Mr. Chair. Chair Sam off Yes, sir. Mr. Spring: Andl know -- I'm familiar with the question that you're asking. Last year, I recall, it was how much of the general fund balance is actual cash in hand versus how much is still a receivable. That's the question, correct? And -- Chair Sam off Absolutely, right. Mr. Spring: -- last year, if you recall, it was difficult for us to answer that question based on how the financials are presented versus your very basic -- we have -- Chair Sam off I'm getting the same answer I think Gonzalez got about a year ago. Mr. Spring: Yes, you did. Chair Sam off Right. Mr. Spring: So we will -- we'll have to try to -- cash on hand is $30 million, which is listed in the balance sheet. Chair Sam off So if we -- Mr. Spring: So -- Chair Sam off -- record our general fund balance at 39 million, less -- Mr. Spring: Thirty of it is in cash. Chair Sam off Right. Mr. Spring: Okay. Chair Sam off Okay. And do we know what the other nine or ten million is made up of? We don't, right? Ms. Gomez: It's a net effect of assets and liabilities. So we have some -- a bunch of City of Miami Page 150 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 receivables. We have a bunch of liabilities and it's just a net effect of that. Chair Sam off And the way as a lawyer thinks, if in the event there was a category 2 or 3 hurricane in the City ofMiami, how much of those receivables could be converted to quick hard cash quickly? Ms. Gomez: It's hard to tell. I mean, the -- it depends on the collection rate. Commissioner Gort: Just pray you don't have a hurricane. Ms. Gomez: It depends on how we get them collected. Some of -- Commissioner Gort: Pray you don't get a hurricane. Chair Sam off I think you answered my question, which is it's not like, for instance, owning stock in Citibank or in Apple or -- not so -- Ms. Gomez: These are accounts that people owe the City money for various licenses, permits, et cetera. Chair Sam off That may never get paid. Ms. Gomez: May never get paid, but at the same -- but we reserved for it, so it will not affect the fund balance as much. Chair Sam off Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Mr. Chairman, thank you for recognizing me. I'm not an accountant, so I think I've struggled a little bit with this as well, kind of understanding, and that's why I think the cash questions that I have are so important to us making educated decisions up here. And there seems to be some sort of confusion. I understand his question to mean and your answer to be that of the 39, $40 million fund -- reserve -- general fund reserve balance, of that we only have 39 of it in cash? That's what -- it appears to me what you just said. Ms. Gomez: Um -hum. That's correct. Commissioner Suarez: So -- but that's different from our cash position, our pooled cash, correct? We may have much more money in pooled cash? Ms. Gomez: In total cash for the City as a whole, as of 9/30, we have $410 million. Commissioner Suarez: Pooled cash? Ms. Gomez: Pooled cash. Commissioner Suarez: That has nothing to do with monies that we would have set aside for a pension, correct? Ms. Gomez: That's correct. Commissioner Suarez: Okay. So we have $400 million in cash, pooled cash; but of the reserve monies, we only have 30 million of it in cash -- Ms. Gomez: In the general fund. City ofMiami Page 151 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Suarez: -- in the general fund. The other nine are outstanding collections, basically? Ms. Gomez: Yes. Commissioner Suarez: I just -- I wanted clarity on that, and I'm glad you clamed that for me. Chair Sam off I apologize. Ms. Gomez: Okay. So GASB 54, again, it's going to change the way the fund balance is classified. This change is going to require that I come back to you with changing the financial integrity principles 'cause right now there are classifications within the financial integrity principle that says reserves should be this, undesignated, unreserved, so on and so forth. So I'm going to bring back in the first September meeting a change in the financial integrity principles to make the changes for GASB 54. And the GASB 57, which is OPEB (Other Post Employment Benefit) measurements by agent employers and -- This is a statement that was issued on December 2009. It addresses issues related to the use of alternative measurement methods and the frequency and timing of measurements by employers that participate in agent multiple -employer other postemployment benefit plans. We use -- our OPEB, we pay it on a pay-as-you-go basis. I don't anticipate this to affect us that much. I'm going to turn it over the Donnovan Maginley, who's a director with McGladrey & Pullen, the City's external auditors, who will put a couple things on the record, as well as answer anymore questions you have. Donnovan Maginley: Thank you, Diana. Donnovan Maginley, with McGladrey. Honorable Mayor, Chair, Vice Chair, and Commissioners, good morning. As Diana indicated, we did issue a report, which is dated April 20, on the financial statements. That report, just for the record again, is an unqualified report. That's the highest level of assurance that we can provide to a set of financial statements. As she also indicated on the single audit, which is the audit of the federal and state; for the federal side, we did have a quaked report. On the state side, it was unqualified. The qualification on the federal side was a consequence of a significance of the finding that we noted, the compliance deficiency that was noted. For the record, professional standards require me to parlay certain things to you. As you can imagine, the composition, the compilation of the financial statements require some level ofjudgment in estimates by management. As a part of our audit process, we evaluate those estimates and judgments. We have deemed those to be reasonable. All significant audit adjustments that were noted during the audit were recorded in these financial statements. We had no disagreements with management in the application of accounting principles and disclosures. We were not aware of any consultation that management made to any other accountants during the process. If they did, we would have to report that to this body. Again, there were no difficulties encountered through the audit. All access to personnel and records were made to us during the audit. And all -- again, our letter of deficiencies and recommendations are included in a separate letter which is titled `Management Letter and Single Audit Findings." With that, without going though each comment, I'll turn it over to any questions you may have. Chair Sam off Mr. Vice Chair, you're recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. Actually, I want to bring back something that occurred a few months ago. Prior to the issuance of the financial statements, I asked if the financial statements were going to be issued on time. As a matter of fact, I spoke to -- I have a hard time pronouncing your last name. I'm sorry. Mr. Maginley: Maginley. City of Miami Page 152 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: Mr. Maginley. Mr. Maginley: Donnovan Maginley. Correct. Vice Chair Carollo: Andl think it was interpreted that one of the reasons that we were not issuing it on time was due to the SEC (Securities and Exchange Commission) investigation and additional layers that the auditing firm had to go about doing. As a matter offact, the reason why I say it was interpreted that way because I remember that at least two maybe three articles in the Miami Herald stated that. Now, when I spoke to Mr. Maginley -- Mr. Maginley: Maginley. Vice Chair Carollo: -- yesterday, I questioned him about that because I really did not believe that was the reason. And as a matter offact, I see a management letter comment that addresses the reason why the financial statements were not issued on time. So I want for the record -- and again, this is not to embarrass anybody. This actually to have some accountability because this Commissioner believes that accountability is important. If you see on management letter 2009-07, timeliness of financial reporting, on page 19, and it clearly states that the year-end closing and preparation process was not performed in time, period, to accommodate for a preparation and issuance of the year-end CAFR in accordance with the due date established by the City Code. The City agrees with this, and the reason being is the City relies on the individual audits of its discretely reported and blended component units in order to include the information in the City's CAFR as required by GAAP (Generally Accepted Accounting Principles) and GASB. During this current fiscal year, the audited financial statements of three component units were significantly late, which delayed the finalization of the City's financial statements. In the subsequent fiscal year, the City will further work with all component units to ensure timely submission of their financial statements in order to not jeopardize a completion of the City's financial statements. So it seems to me that it has been stated. This is the true reason why the financials were late. And again, this is not to embarrass those three component units, but I think it's extremely important. Not only that, I clearly remember requesting that they come before this Commission and address why they are late. And as a matter offact, I asked that their auditors come before this Commission and address why they are late. As of today, they have not come before this Commission. So I guess when any Commissioner, you know, makes a -- what I think is a reasonable request, it just, you know, goes in one ear and out the other. And again, this is not to embarrass any one of those component units, but at least this Commission is going to request accountability and we're going to make sure that next year, we don't have this same problem. Thank you. Chair Sam off Well, you mind ifI build on that? Vice Chair Carollo: Go ahead. Chair Sam off If what the Vice Chair says is correct, Mr. Manager, and if the financials were not done in the swiftness that he's saying it should have been done, did that in any way whatsoever affect our ability to go to market earlier with the bonds for the Marlins stadium? Mr. Migoya: That did slow down the process to some degree. However -- Chair Sam off Then I'm going to ask a question to Commissioner Gort. Had we gone to market six weeks earlier, what would the cost have been to the taxpayers? Commissioner Gort: Probably be a lot less. Chair Sam off Millions? City of Miami Page 153 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: Yes. Commissioner Gort: Probably. Vice Chair Carollo: Yes. Chair Sam off I've calculated -- Vice Chair Carollo: Yeah. Chair Sarnoff -- about $18 million. So because we allowed three agencies to not report and because they even refused to bring their auditor in front of this Commission, the true cost to the taxpayers, ifI recall correctly, was between 15 and $18 million. Mr. Migoya: There's a chance that we -- the thing I would have to go back and check out is how much were we dealing with on the SEC side, as to the disclosures to deal with the POS statements during that period of time, whether we would have been delayed anyway. But this -- there may be a chance that your statements are correct. Chair Sam off Well, I'd like -- Mr. Migoya: But nevertheless, those agencies should have been on time and be able to provide us the information. Chair Sam off What agencies were they? Ms. Gomez: Virginia Key Beach Park Trust, Civilian Investigative Panel, and Liberty City. Vice Chair Carollo: And Mr. Chairman, ifI may? Chair Sam off You're recognized. Vice Chair Carollo: Thank you. That is exactly why, prior to March 31, I addressed this issue. I asked if we were going to issue the financial statements on time; if we weren't, why? And so forth, because as you can see, these are real dollars. Chair Sam off This is a lot of money. Commissioner Dunn: Mr. Chair. Chair Sam off Yes, sir. You're recognized. Commissioner Dunn: I do want to thank you. Mr. Vice Chair, I do remember vividly those requests. I was sitting here and you pounded on it. My question -- I have a couple of questions. First, in terms of -- when I was reading the report, it was stated that we did not have procedures in place to review or approve interfund transfers. Have we -- do we intend to follow the recommendations of the -- auditors' recommendations and when do we expect to have this in place? Mr. Migoya: Those recommendations came after we made our recommendations for what was not done for the previous two years that we had no recommendations. But the end of the day, what we have done is make sure that Budget maintains reconciliation on their accounts on a project -by -project basis. We have a new CIP director who also will maintain control and is in City of Miami Page 154 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 the process of establishing control on their project accounts to maintain controls, and then there'll be reconciliation by Budget on both sides of their dollars versus matching it to the other. In addition to that, with the new Oracle system, we are in the process -- the Budget director andl have already reviewed something. There's a -- it's called a dashboard process that not only we will be able to look at, but it will on the Web if we get this done. It will -- they'll be a cost to it, but the idea will be that we will have a system where we'll not only be able to track every project, but the cash to the project; and it will be done by not only staff but Commissioners and anybody in the public will be able to go to the Web and do this as well. Commissioner Dunn: Mr. Chair, I don't want to re -- Chair Sam off You just continue. Commissioner Dunn: Okay. Yes. Chair Sam off Colloquy. Commissioner Dunn: Now, in terms of -- as in the case of the agencies, what -- for the future, what would be your recommendation for consequences? If this -- this is pretty serious. And in the future, what can you recommend? Vice Chair Carollo: Don't fund them. Ms. Gomez: Right, don't fund them. Mr. Migoya: The only thing we can say -- andl think it's up to you to do this -- I would recommend that if they're not timely, that we defund them. Commissioner Gort: Yeah. Vice Chair Carollo: That's right. Commissioner Gort: That's the only way they'll learn. Commissioner Dunn: We've got to send that message in the future. I mean, if we're going to get better, it is what it is. Chair Sam off Well -- and two of those agencies were heavily funded -- Vice Chair Carollo: Yeah. Chair Sarnoff -- by this City and had the adequate cash capacity to even hire you, with all due respect. Mr. Maginley: Certainly. Chair Sarnoff And -- I mean, I remember vividly -- I didn't know where he was going -- Commissioner Dunn: Yeah. I didn't -- Chair Sarnoff -- truthfully. Commissioner Gort: Yeah. City of Miami Page 155 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Dunn: I remember. Chair Sam off But I under -- I remember vividly; he demanded that they come in front of this Commission. I mean, not a month ago we demanded the Bayfront [sic] Trust Foundation come before this Commission. Mayor Regalado: Bayside. Chair Sam off Bayside. Mayor Regalado: Bayside. Vice Chair Carollo: Bayside. Chair Sam off I'm sorry. Bayside Trust Foundation. They still have not produced a document. They're now being investigated by the authorities. Commissioner Dunn: Let me just respond. IffI may, Mr. -- Chair Sarnoff And know you're on it. Commissioner Dunn: No, no. But there are mechanisms in place to address the Bayside situation, so I -- Chair Sam off Okay. Commissioner Dunn: -- can at some point give a report to this Commission that I think everyone will be pleased with. Chair Sam off Okay. I guess my point of saying all this was, you know, when we allow people to slip, when we allow people to be sloppy, when we don't demand, as you would say, accountability, when we don't -- when people don't do as we ask -- we all knew there was -- well, did we know there was a cost? Maybe, maybe not -- Commissioner Gort: We all did. Chair Sarnoff -- but you had it in mind. Vice Chair Carollo: Well -- Commissioner Gort: Yeah. Vice Chair Carollo: -- that's the reason why I brought it up. And in all fairness, it's not like I got them off guard. I told them way before March 31, hey, are you going to issue on time? If not, why, and so forth. So I was already, you know -- I guess I had somewhat of a vision of what may happen, andl was trying to avoid it. And yes, I was adamant about this because of the consequences, you know. As you know, the stadium is in my district and so forth, so I monitor it, you know, closely and so forth. And the truth of the matter is, I -- you know, I had concerns andl voiced them. And listen -- and again, this is not to embarrass anyone. But the bottom line is, if we need -- if we're going to fix a problem, we have to admit that there is a problem and we just can't overlook it. And that's why I'm bringing it up again. That's why I just wanted to start with that because -- as a matter of fact, it was a management letter coming from the auditors that we were late. I mean, we should have had issued financial statements March 31 or earlier, like last year. City of Miami Page 156 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Dunn: One last thing, Mr. Chair. Chair Sam off Yes, sir, you're recognized. Commissioner Dunn: Mr. Vice Chair, if you would, through the Manager or whoever, if something like that occur, please help me understand it in advance. I understand it now. Andl do respect your ability in terms of accounting, and so I understand it now. Vice Chair Carollo: Hey, this is just like a new team. You know, it takes some time to get the chemistry going and so forth, but I think we're going to be all right. Chair Sam off I -- Commissioner Gort: I think, if they don't comply, unfund [sic] them. Vice Chair Carollo: Just like the Heat. Commissioner Gort: Let them know that they're not going to be funded if they don't comply, period. Vice Chair Carollo: Yeah. And I just think we need to send, as a Commission, a strong message out there that we will defund them. Chair Sam off Commissioner Suarez. Commissioner Suarez: I agree with the Vice Chairman. All due respect to the Heat, which is forming their dream team, we have our own little dream team up here. But I suspect -- andl think this is going to be somewhat poetic justice or ironic that those agencies will come before us at some point during the budget time when their budgets -- Vice Chair Carollo: Coming today. Commissioner Suarez: -- hang in the balance. Chair Sam off I believe there's one today. Commissioner Suarez: So I suspect that they will be coming before us. Andl echo your sentiments, that it doesn't -- shouldn't have to be that way. When a Commissioner demands accountability, whether it's from one agency or another, whether it's from one committee or another, there has to be a response from that committee. I mean, that's just the bottom line. So you have my support on that, Mr. Vice Chairman. Mr. Migoya: Mr. Chair. Chair Sam off Yes, sir. Mr. Migoya: IfI may, just to remind you, those agencies report to the Commissioners. They don't report to Administration. So the direct control of what you're recommending is up to you because they do report to you and they should be accountable. You're right. Chair Sam off But his point is -- that's his point. When he asked them to report, they didn't. Commissioner Gort: They ignore it. City of Miami Page 157 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off So they -- in a way, it was insubordination. Now you might have said, okay, insubordination, but at what cost. You just learned today what the cost was. All right, thank you. You have any -- any questions of the Commissioners or comments? Vice Chair Carollo: I -- yeah. I have a few more. Chair Sam off Go ahead. Vice Chair Carollo: I won't -- Chair Sam off You're recognized. Vice Chair Carollo: -- keep you here all day, but I do have a few more. With regard to the accruals -- and again, it's not to embarrass anyone. I want to have accountability. -- what departments did not provide or did not submit their accruals? Ms. Gomez: The year-end accrual process, it's a very -- it's a process where all departments are put on notice, starting in July or early August, to advise all departments that as of a certain date, all invoices need to be submitted into Finance in order to be properly accrued for, if in fact they relate to September 30. I have not kept a listing of all the departments that -- and -- when their accruals came in. But the deadline I believe this year -- this past year was October 10, October 14 and there were significant accruals after that point in time. It'd be unfair of me to just start naming departments because I do not have an accurate listing, but I would say it's probably across the City. Most departments had a few, you know, items that are late; and those items, whether we -- they were given to us through the Finance Department or rather that the auditors themselves found them. I don't know if you have any in the top of your head that -- Mr. Maginley: No. Ms. Gomez: -- remember that. Mr. Maginley: Some of the adjustments that we noted were during the course of the audit. We tested items that were not recorded, but the majority of the things are what Diana alluded to in terms of timing that -- submitted to her. Vice Chair Carollo: Well, Madam Director, the reason why I'm pointing this out once again because I don't want to this to be an occurring thing year after year. We have a finding. I don't want when I look at it next year, being not corrected. If we don't know -- I -- 'cause it clearly states here the cause. The cause is due to a break down in the system of controls, lack of effective supervisory oversight, and untimely submission of information by various City departments. So if we don't know what those City departments are, how can we demand accountability and how can we demand that they provide the accruals on time next year? Ms. Gomez: Throughout the audit process, I do communicate with those departments and advise them that things are late and need to be accrued, you know, and they need to get it to us. I can this year keep track of everything that was received after the due date and then report back through the Manager's office of any invoices that were found to be submitted after the deadline that was provided. Vice Chair Carollo: Andl saw from the City's, you know, response that it appears that you tried to discuss with the various department heads and so forth. However, it seems like they got away with it. We got a, you know, management letter comment or actually, a finding and nothing occurred, so -- City of Miami Page 158 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Ms. Gomez: It's a very difficult process, and it is a bit frustrating because we still have to get things -- the books closed and everything reported before the auditors do come out because if we don't record it beforehand, then they'll find it as an item, and then it will definitely be an issue. Vice Chair Carollo: Right. But my question is how do we fix it? It seems to me, if those department heads know that they have to do it by a certain time, that they do it. 'Cause it seems to me like they didn't do it and it's going, once again, overlooked and there's no accountability here. Ms. Gomez: Right. Vice Chair Carollo: So -- which means to tell me this is going to happen again next year. Ms. Gomez: Again, I mean, this year, I can commit to keeping a log of all invoices that were received after the date that it's given on the year-end closing memo. That memo should be coming out shortly. Andl can continue to keep a list, and anybody that's late will be put on that list, and I'll report it. Chair Sam off I think his question -- Commissioner Gort: Mr. Chair. Chair Sarnoff -- is a little different. I'm going to recognize you. But I think his question is what policy, procedure are you going to implement to make a diametric change so that you will not have late reporting. Mr. Spring: And if you allow me, Mr. Vice Chair. What we've tried to do in the past, and to your point, is report these issues to the City Manager so he can deal with those directors. What we can commit to now is to provide that list -- as those departments breach that deadline, to notifi, the City Manager so he can deal with those individual, you know, directors. Again, it is something that has been a recurring issue for a number of years. Vice Chair Carollo: Well -- Mr. Spring: And it has been -- even the prior City Manager actually had several -- in our biweekly staff meetings, he brought it up on several occasions to instruct the directors to make sure you get these on time because they have the impact of slowing up the audit. And providing for, you know, post journal entries and all these things that we obviously you know we don't want to have, so -- Commissioner Gort: Mr. Chairman. Chair Sam off Commissioner Gort's recognized for the record. Commissioner Gort: I believe the discipline in the past was the -- if they didn't comply and nothing happens to them, so why worry, why comply. I think we have to have some discipline and something should happen and have these people -- if they don't comply within the time, something should be happening to them. I mean, there should be a penalty. They should know -- like these companies -- these new agencies, they know if they don't provide it, they're not going to be funded. So we've got to look for something that they understand that this is the change in this Administration. It's going to be a little different. Directors are going to be responsible for their actions. They're going to be responsible. If they're not, they'll get fired or City of Miami Page 159 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 something has to happen to them. I mean, we have to put some discipline into it. Chair Sam off Well, the only way to implement what Commissioner Gort's saying would be for when the City Manager is put on notice, that the Commissioners are carbon copied. 'Cause the only person we can hire and fire is the Manager. So I guess we won't know until you come in front of us and he gets -- Vice Chair Carollo: Exactly. Chair Sam off -- to say next year, you know, I remember -- I just read my comments from last year and, Mr. City Manager -- and hopefully it's the same one that's sitting there, but if it's not -- that's our action to take. You should know way in advance. Vice Chair Carollo: And Mr. Chairman, that's exactly my point. It's exactly my point, what Commissioner Gort said because instead of doing this next year, that's why I'm doing it now. Sort of like I guess in early March when I was saying hey, are we going to issue the financial statements. What's going on? Well, I'm doing this now instead of next year 'cause I want to see. This should be some penalty. I mean, if not, then what's going to happen is they're just going to do it again. And what I don't want is in a few months for some directors to come before us budget time and then say, man, this Commissioner Carollo. Man, he is hard on us. Why is he cutting all of our funding? And I just don't see, you know, they're addressing our concerns; therefore, you know, I think we should, you know, defund them or -- obviously, we can't defund the whole department, but you know, really look at their funding closely, and there should be some penalties because -- I mean, if not, this is going to continue year after year after year. And as a matter of fact, our own CFO (Chief Financial Officer) and Madam Director saying yes, this is something that's recurring year after year. So again, I'm just looking at accountability. This is a new Commission. And Commissioner Gort, I have to say, you hit it right on the head. Mr. Spring: What we can do, we do have a closing memo. We have a closing process each year. We put a memo out a couple months before the year-end. We'll work with the Manager to come up with some -- Commissioner Gort: Yeah. Mr. Spring: -- something -- some specifics about the deadlines and some, I guess, penalties or some consequences associated -- Commissioner Gort: Got to be. Mr. Spring: -- with not turning these things in on time. Vice Chair Carollo: And Mr. Chairman, if -- Chair Sam off Continue, continue. Vice Chair Carollo: Just a few more things. I'm -- like I said, I could literally be here all day just picking out things, but there's just a few more things. I mean, I don't -- I think we all know about the payroll process and the issues we've had. I think I've mentioned it up here. So I didn't need an audit for the payroll process. And Oracle, we know those issues. So again, I'm not going to, you know, touch upon that. The last thing I do want to touch upon, andl think it's very important, the capital asset management. Commissioner Gort: Yeah. City of Miami Page 160 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Vice Chair Carollo: Listen, there's no secret. You know, I have a soft heart for First Responders. I'm a former First Responder myself. But the bottom line is, again, we need to have accountability. We need to know what those assets are. We need to, you know, have property depreciations and so forth. And we -- you know, this can't continue. This is something that occurred last year, as I mentioned. And again, I just don't want it to be a recurring issue every year. It was a finding last year. It is a finding this year. As a matter of fact, it is stated that that's why we received a qualified, so we actually got degraded. So the bottom line is, I want to make sure that it is fixed, you know. Mr. Migoya: Mr. Chair. Chair Sam off You're -- you've changed. Mr. Migoya: Yeah. I just want to make sure that my previous statement about the agencies working for you and not the Administration and you having to deal with that, the people in the City that report to the Administration we are responsible for and we will make sure they are accountable and make sure that they do things on time. Andl believe that now we have a different environment altogether in which people know about accountability and they understand the importance of timeliness and things. Andl think we have a different attitude and an actual performance level that everybody's really interested in making sure we do everything on time. So I -- not only we expect them to be on time, but they will be accountable. If not -- and I just want to make sure that everybody understands that that's the case going forward. Chair Sam off All right. Any further discussion, gentlemen? Ms. Gomez: IffI may? Chair Sam off All right. Ms. Gomez: IffI may, Mr. Chair. I wanted to touch on some comments that the Vice Chair had made regarding the bank reconciliations. Chair Sam off There's an old saying, out of mouths of victory never snatch defeat, but if you want to go in there -- Ms. Gomez: I do because -- Chair Sarnoff -- go ahead. Ms. Gomez: -- I just (UNINTELLIGIBLE). I want to make sure that the Commission knows that for the current fiscal year, bank reconciliations are being done timely and being done before we close each month. We still have to do it, a very manual process. That was the problem last year. We were relying and waiting on a systematic process that would have cut down a lot of the time that it took. That systematic process did not work out or has not worked out yet, so that's why we were late because we were waiting on that process. Chair Sarnoff All right. So stop right there. That's your -- it's your computer system, which is software? Ms. Gomez: Yes. Commissioner Gort: Yeah. City of Miami Page 161 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off Tell me what you've done this year to change that. Ms. Gomez: The systems are still not working, but we are -- Chair Sam off So next year -- Ms. Gomez: -- doing it manually, so -- Chair Sam off -- you anticipate doing another manual whatever --? Ms. Gomez: We're doing it manual -- all year long we've been doing manual. But there should not be a finding because they are being done timely. Even though it's being done tediously and manually, we are still making sure -- we do not want to repeat this finding, so we are doing it manually each month within ten days of the close of the month so that it will not be a finding again. Even though it's very labor intensive, I'd rather do that than have another finding. Chair Sam off Is there a computer program out there that would satisfy this process so it no longer is manual? Ms. Gomez: Yes. And ITD (Information Technology Department) has been working on -- it's a certain reconciliation report that -- it's just proven difficult to get it exactly the way we need it to work, and so it is something that is still being worked on. But in the meantime, I don't want to have another finding, so my staff has been doing it manually each month in order to make sure that we do not have this finding. Chair Sam off How is a municipality so different than the private sector? I mean, I hired somebody in my law office. Three days later, I have a new computer program. Cost me "X" dollars. I either do it. I don't do it. It's too expensive. I defer it. But I have my options. I don't feel like I get that here in the City. What I get is can I have $20 million for a new computer program. I'm going to make this change, that change, this change. And Commissioner, by the time that's done, everything in the City's going to be automated. Then as the year progresses, I get, this didn't work, that didn't work. Mayor tells us payroll; people haven't been paid in months. I'm at a loss for how munic -- it is so much more complex than a private industry? Mr. Spring: Well -- Chair Sam off I know you're not IT, but -- Mr. Spring: I'm not IT, Mr. Chair, but I wouldn't want to compare the City's financial system to what your bookkeeper does in your office 'cause they're two very different things. Chair Sam off You could go to a large law firm. You could go to Greenberg Traurig. You can go to -- Mr. Spring: I would tell you that even you go to Greenberg Traurig and try to compare that to what the City ofMiami does and it's very, very different Chair Sam off Okay. Mr. Spring: It is complex. And this is not about excuses. Yes, they should be working. Some of these issues that we've had in IT, we've demanded on the ERP (Enterprise Resource Planning) Steering Committee that they be done and be done at a certain time, and we're City ofMiami Page 162 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 working through that process. Unfortunately, you know, with this implementation -- like payroll, we turned it on on a day that we kind of collectively agreed to and we pushed for that day. Well, we've had stabilization issues and now, over the last couple months, we've been able to work through some of those issues so we can try to start preventing and reducing and eliminating some of the findings that clearly are in the management letter that we knew absolutely were going to be there. It is a process. Is it a -- am I happy about it? Absolutely not. But one of the changes that the Manager did almost immediately was, you know what? We're going to take Payroll out of ER (Employee Relations) and move it back to Finance 'cause we have more accountable people. They're more on top. They're -- you know, they're financially minded. And it's been -- it's a struggle. We're still struggling with it, but we're -- you know, we're making the baby steps. And can I promise you today that all those payroll findings are going to be eliminated next year? No, I can't. But we will work on them systematically and try to get to a better end, you know, in a short amount of time. Andl will point out this, the finding before this payroll finding was we needed to update the system, if you go back to some of the older management letters. They said we needed to update our system, so we've done -- we've kind of eliminated one finding and find ourselves in another one. Vice Chair Carollo: Who were those auditors? Mr. Spring: That was Rachlin and Cohen. Commissioner Gort: Mr. Chairman. Chair Sam off You're recognized. Commissioner Gort: My understanding, the system that we acquired, it works very good in other cities and they're using it. It is lack of training and training the individuals on the software or --? Mr. Spring: Yes. We've -- what we've been able to identf are -- there's training issues, changed management issues. All of those things related -- things that, you know, when you go through an implementation. Yes, I trained the Chairman on this system, you know, two months before we went live. Well, he forgot about it 'cause he's not using it everyday. And now we turn the switch on. It's like oh, what do I do? And, you know, going through that process. Even in the payroll side, because payroll entry is decentralized making sure that that payroll clerk in some department input the time appropriately, used the right pay elements, all these things, because it all comes here to be processed. And if it rejects, five people or six people are responsible for correcting the payroll of 4, 000. So you know, there's things that we need to work on. Commissioner Gort: You're also implementing cross training. I mean, have two or three individuals -- Mr. Spring: We need to do that as well. Commissioner Gort: -- in case one gets sick or something like that, 'cause one of the problems that I've had, a lot of times I call, someone is not in -- Mr. Spring: Can't do -- Commissioner Gort: -- sorry, can't do it. Mr. Spring: Right. Can't do it, yes. City of Miami Page 163 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Gort: He's out for vacation. Mr. Spring: Right. Commissioner Gort: What do we do? We stop. Mr. Spring: Right. Commissioner Gort: Okay. Thank you. Chair Sam off Commissioner -- the Vice Chair is recognized for a point of privilege. Vice Chair Carollo: Thank you. I was going to say on a side note, but the correct way is a point of privilege. I have a question, speaking about another auditor and so forth. Would it be correct for you to address us at this time with regards to the procurement process or how we are for the new --? No? For -- Mr. Spring: Still under the Cone. Vice Chair Carollo: Still -- oh, Cone of Silence? Mr. Spring: Yes. Vice Chair Carollo: Okay. Thank you. But it is underway and -- Mr. Spring: Yes. Ms. Gomez: Yes. Mr. Spring: Absolutely. Vice Chair Carollo: -- we should be timely --? Ms. Gomez: It will be presented at the July 22 Commission meeting. Vice Chair Carollo: I think I read that. It went before the -- Mr. Spring: Audit Committee. Ms. Gomez: Audit Advisory Committee. Vice Chair Carollo: Gotcha. July 1 ? Ms. Gomez: No. Yes, it went on July 1 to them. Vice Chair Carollo: Thank you. Chair Sam off All right. Any further questions of the auditor, auditor general? No, the auditor general's not up here. Sorry. The auditor or the -- Diana Gomez? Anyone else? All right, thank you very much for the lively discussion. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS City of Miami Page 164 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 PZ.1 ORDINANCE First Reading 10-00767zt AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE I, ENTITLED "DEFINITIONS", BY MODIFYING THE DEFINITION OF COMMUNITY SUPPORT FACILITY AND ADDING A DEFINITION FOR CIVIL REHABILITATION FACILITIES, AND BY AMENDING ARTICLE 6, ENTITLED "SUPPLEMENTAL REGULATIONS", TO REQUIRE AN EXCEPTION AND PROVIDE REGULATIONS AND DISTANCE REQUIREMENTS FOR SUCH FACILITIES TO EXIST IN CERTAIN TRANSECTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00767zt Exhibit A.pdf 10-00767zt CC Legislation (Version 2).pdf 10-00767zt CC 07-08-10 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. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on June 30, 2010. PURPOSE: This will add a new definition for Civil Rehabilitation Facilities, provide that such facilities shall only exist in the CI -HD (Health District) Zone, and require distance requirements of two thousand five hundred (2,500) feet between such facilities. Motion by Commissioner Gort, seconded by Commissioner Dunn II, 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 PZ. 1 was deferred to the City Commission meeting currently scheduled for September 23, 2010. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 165 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS NA.1 RESOLUTION 10-00849 City Manager's A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, Office FLORIDA, AMENDING RESOLUTION NO. 09-0509 ADOPTED ON OCTOBER 22, 2009, AS AMENDED, REGARDING THE ISSUANCE OF NOT TO EXCEED $120,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION PARKING REVENUE BONDS, SERIES 2010 (MARLINS STADIUM PROJECT) (THE "BONDS") TO AMEND THE DELEGATION PARAMETERS FOR THE SALE AND ISSUANCE OF THE BONDS; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, AND ALL OTHER NECESSARY CITY OFFICIALS; AND PROVIDING AN EFFECTIVE DATE. 10-00849-Legislation. pdf 10-00849-Submittal-E-mail-Lynn Westall. pdf 10-00849-Submittal-Back Up Documents. 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 City of Miami Page 166 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 R-10-0281 Chair Sam off Okay. What I'm going to do is recognize the Mayor. I know he's going to want to speak on DI.1, DI. 2, but he does have a pocket item. Mr. Mayor, you are recognized for the record. Mayor Tomas Regalado: Thank you. Thank you, Mr. Chairman, Mr. Vice Chairman, Commissioners. We do have some items. I guess it's important to present to you the financial report, the single audit, and management letter by the external auditors; also an update on grants [sic] expenditures. Also, we have information on one of the items that I know that some Commissioners have talk about the grants and the management of the grants, but before, ifI may, I have a pocket item. Andl understand what is the process and what the Commission has asked us to do in terms of pocket items. And this pocket item does have financial impact, but we -- I guess that it's important that we consider -- at least we consider this today. Chair Sam off Mr. Mayor, before you proceed. I just want to ensure, does every Commissioner have the pocket item? Okay. I'm sorry, Mr. Mayor. Go ahead. Mayor Regalado: You do. Vice Chair Carollo: Mr. Chairman, I'm sorry. What was your question again? Chair Sam off I wanted to make sure that every Commissioner had the pocket item, the -- Vice Chair Carollo: Yes. Chair Sarnoff -- actual draft. Okay. Mayor Regalado: Yeah. It was distributed last night by me personally. But it is a pocket item that I don't like. It's a deal that I didn't like, but like we say, always a deal is a deal. And this has to do with the bonding for the Marlins parking garage. As you know, last October the City Commission approved certain details for the bond sales. There is an explanation as to why are we doing this pocket item. It's -- it may seem that it's a little difficult, but we believe that most of the bonding will be done with savings to the City. A certain part has increased, and we have the chieffinancial officer here, Larry Spring, to explain to you the process. The end result is that if you approve this today, by July 21 in New York, the City will be selling the bonds for the parking garage of the Marlins stadium. If you do not, then we have to cancel the sale and wait for a better time. So I'd like Larry to explain to you the pocket item itself. Chair Sam off You're recognized for the record. Larry Spring: Commissioners, Larry Spring, chieffinancial officer. Back in October when the City Commission approved the bonding authorization, they set interest rate parameters for both the taxable and tax-exempt pieces of this bond issuance. Those parameters were actually set at 6.5 percent for the tax-exempt as the cap and 8.5 percent as -- for the taxable as the cap. Working with our financial advisor and our senior underwriter in their respective desks, they felt that we were inching closer to market pricing for taxable and tax-exempt or rather more taxable, we're inching closer and closer to that taxable cap limit. We had a couple of calls yesterday. We did some runs, and we're coming to you to recommend that or ask for an additional hundred basis points on each of those caps so that we do have the flexibility to go into the market. We did pass out last night a couple of exhibits that break down the taxable and tax-exempt pieces of the issuance. Right now, the way the deal is going to be structured and go to market, 83 percent of the bond deal would be priced at tax-exempt rates and 17 percent will be priced at taxables with a blended rate of just over 6 -- it's about 6.2, 6.3 percent. So we're asking for your approval to increase these parameters. One thing I would like to mention, the City of Miami Page 167 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 City was able to, yesterday, secure bond insurance and a surety, a 50 percent surety to reduce the amount of the debt service reserve we have to carry. What that means is that double -notch downgrade that we receive is now being offset with Triple -A bond insurance, so this deal is going into the market as a Triple -A issuance. That cost -- the cost was approximately $3 million, but we're saving the -- andl think we shared this with all the Commissioners -- approximately 7 -- $14 million in higher interest rate had we gone to the market with our underlying ratings. Additionally, the surety -- the ability to get the surety on the debt service reserves actually reduces our par amount by approximately 5.7 million. That surety is going to cost us about 128, 000, and over the life combined, these two items will save the City 15.5 million over the life of this bond issuance. So while there's some bad news that I need to get some more flexibility and not necessarily -- andl want to emphasize, this is a cap, so we're not going to this rate, but we need that flexibility going into market. But we have been able to, through some very hard negotiating, myself and my team, provide the City with some savings, via these other insurance vehicles, so I'd ask for you to consider in your approval of this. Chair Sam off All right. Is there a motion or any Commissioner want to make a comment before a motion? Commissioner Dunn: Mr. Chairman. Commissioner Gort: I'll make the motion. I think this is something they need to put the documents together. And if they go in the market on that day and -- hopefully, the market -- my understanding is, the projections that I get from my desk is they might be coming down, so -- but I don't have any problem in making a motion for it. Commissioner Dunn: I second it. Chair Sam off All right, we have a motion by Commissioner Gort, second by Commissioner Dunn. Discussion, gentlemen. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sam off Commissioner Suarez, you're recognized, for the record. Commissioner Suarez: I just want to commend the City Manager and the Finance officer, Mr. Springs [sic], particularly the City Manager because I have to remind myself every time I meet with him that he's working for free, and he's putting in these long hours to get the best deal possible for the City ofMiami on a variety of different things, and this is just one of them. And you know, this is something that I think we have to do to give the flexibility to the finance team to make this happen. Chair Sam off Commissioner Carollo, you want to comment? No. Vice Chair Carollo: No. I'm ready to vote. Chair Sam off All right. I have a couple questions, Mr. Manager. The CDT (Convention Development Tax) -- now that you have bond debt service projections, and I'm looking at the ones that were provided to me by Larry Spring -- you start out with a debt service of 5.6 million and you end up at about 11.5 million. You with me? Based on the annual CDT payments to the City, based on the local -- interlocal agreement between the County and the City, coupled with the 10 point -- what is it, $10.04 Marlins guarantee per parking space. Based on this debt service -- andl know it's a projection -- will that cover the payment? Mr. Spring: Absolutely, in the POS (Point -of -Sale) document. In addition, there are three City ofMiami Page 168 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 sources of pledge revenues. We have the CDT, which is obligated under interlocal; we have the parking bulk sales revenue, which is that $10.03 every space, every game; and we also have the parking surcharge, 15 percent, that is also generated from those sales pledged to that. Those items combined provide us more than enough coverage to cover this debt service with -- and the bond runs that are in the POS. Not only -- I think we have better than 1.3 percent debt service coverage during the life of the bond. Commissioner Gort: One point three? Mr. Spring: It's higher -- it goes higher, actually. I think it goes from like 1.2 up to 1.5 throughout the life of the bond. We also have money left over to also deal with and pay for operations, a management fee to MPA (title?), I assume, cap "X" of 750,000 a year, and have money left over at the end of each year. So the cash flow of just the pledged revenues now -- 'cause there are other revenues that are coming in on this as well that are not included in the bond document. But just with the pledge revenues, we have sufficient cash flow to pay the debt and operations and have money left over. Carlos A. Migoya (City Manager): Mr. Chair. Chair Sam off Yes, sir. Mr. Migoya: Just to add something to that, remember this bond originally was going to be $120 million bond with exactly the same debt expectations. Actually, it's gone up a little bit since the original. Mr. Spring: Right. Mr. Migoya: And at that time the 120 million was -- started off around the 1.1 -- slightly above 1.1, so all we have done in spite -- and with the current -- with the same interest rate estimates that we're looking at today. So what's happened here is -- and we discussed this last night -- what's happened here, the interest rates actually dropped from the original expectations and now have come back to where they were originally, but the dollar amounts have gone from $120 million substantially down at this point. So all that that has done is it actually improved the debt service coverage. Chair Sam off Well, I guess my interpretation of what you just said was as a result of the recession, your cost of construction have come down. Months ago, municipal bond rates were much lower in terms of the amount it would cost the taxpayers. They've peaked up. Commissioner Gort thinks they may peak down again, but they're up a little bit. And where you saved in one, you lost in another, but the overall offset is a net savings. Mr. Migoya: That's correct. And frankly, what's happening right now in the bond market. There's two things. One is there's tightness starting to happen in municipalities and the muni bonds because of what obviously is happening in all municipalities around the country. The other side, this is a really tough week. Fourth of July week happens to be a very tough week in the bond market 'cause a lot of the investment bankers take the week off so there may not be as much liquidity. So we may have actually an improvement on July 21, but we don't know that to be the case at this point. So we have to err on the side of caution from a cap perspective to make sure that we can make this deal happen. And even if we go with a higher number, which is the expected number that we have, we still have plenty of room and much better than the original deal that we were looking at. Chair Sam off Who's the insurer? City of Miami Page 169 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Spring: Assured Guaranty. Commissioner Gort: Assured Guaranty. Chair Sam off Assured Guaranty? Mr. Spring: Yes. Chair Sam off And what's their rating? Mr. Spring: Triple A. They're the only Triple -A rated bond -- Mr. Migoya: Assurant. Commissioner Gort: They're the only one left. Mr. Spring: Assurant. Chair Sam off What's that, the only one left? Commissioner Gort: (UNINTELLIGIBLE) left. Chair Sam off The only one left standing. Mr. Migoya: Yeah. Mr. Spring: Only one left. Chair Sarnoff It's not AIG (Alternative Investments Group), right? No. I'm just kidding. Mr. Spring: No. Chair Sam off All right. Thank you very much. All right, gentlemen, any further discussion? Hearing no other discussion, it is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Spring: Thank you. Mayor Regalado: Thank you, Mr. Chairman, Commissioners. Chair Sam off Thank you, Mr. Mayor. NA.2 DISCUSSION ITEM 10-00879 A MOMENT OF SILENCE WAS OBSERVED FOR THE PASSING OF JULIE BRU'S MOTHER AND DWIGHT DANIE'S FATHER. DISCUSSED Commissioner Sarnoff. Let's take a moment to -- two people very close to this Commission lost some very close relatives. I'd like to acknowledge Julie Bru's mother, who passed away this past week; also Dwight Danie's father passed away this week. So if you wouldn't mind, the best way I know how to prayer [sic], Commissioner Dunn, is just a moment of silence. City of Miami Page 170 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Dunn: Yes. At this time, a moment of silence was had. Chair Sam off Thank you. All right, gentlemen -- NA.3 DISCUSSION ITEM 10-00880 CITY OF MIAMI CITY CLERK, PRISCILLA A. THOMPSON, CHECKED WITH THE AUDIENCE IN CHAMBERS TO DETERMINE IF ANYONE REQUIRED INTERPRETING SERVICES, AND THEN DISMISSED THE INTERPRETERS AFTER SAID SERVICES WERE NOT REQUIRED. DISCUSSED Priscilla A. Thompson (City Clerk): Chair, before we go back on the agenda -- Chair Sam off Yes, ma'am. Ms. Thompson: -- just like to try and save some money. IffI can check with those who are in the audience to make sure I do not need any interpreters, then I can let my interpreters go and save some money in my budget. Commissioner Gort: Send them; we can interpret. Ms. Thompson: Okay. Thank you. NA.4 DISCUSSION ITEM 10-00882 DISCUSSION BY CHAIR SARNOFF REGARDING VACANT AND ABANDONED PROPERTIES. 10-00882-Submittal-Vacant and Abadoned Properties. pdf 10-00882-Submittal-CE 2008 Summary Registration. pdf DISCUSSED A motion was made by Chair Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, directing the City Manager to identf $5 million dollars in the FY2011 Budget to assist with abandoned properties, with $500,000 set aside for an Administrative Task Force, and $900, 000 for each Commissioner for rehabilitative and teardown costs associated with abandoned properties. Chair Sam off Pocket item I'm bringing up -- and I think you all have gotten a copy of it. Have they? Commissioner Gort: Nope. Chair Sam off All right. This was a discussion regarding the abandoned properties, what action is the City -- Commissioner Gort: Great. Chair Sam off -- taking to identify and register abandoned properties, abandoned lots; what is City of Miami Page 171 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 the status of the City ofMiami ordinance, which I was proud to tell Commissioner Suarez does exist, which purports to deal with registration; are all the abandoned properties registered? If not, why not? Does the Community Development Department have money to identf, register, secure, monitor abandoned property, and Department of Code Enforcement and Police? I've given you all a copy of the actual ordinance that was passed and the City ofMiami operating procedures. I know we're going to have, I think, the NET (Neighborhood Enhancement Team) administer -- the NET director is not here anymore; just you, huh? Sergio Guadix (Director, Code Enforcement): Well, I think she's still back there. Chair Sam off There she is. Let me try to describe something to you guys. I went on a cleanup last Sunday to what I think is a pretty well-to-do neighborhood only to see -- it's on -- it's essentially on Northeast 84th Street -- about four properties that are in utter state of collapse, one of which -- do we have the? -- all right. If you guys would take a quick look, you'll see a number of properfies. But could you move it to the collapsed wall? There you go. This -- if you look here -- and we should have had better pictures for you. Commissioner Gort: You can put it in our -- can't you put it here? Chair Sam off Our video guy, where is he? Commissioner Suarez: Do you want to mike it up? Chair Sam off I don't mind. What you're looking at essentially -- what we're looking at is actually two properties right next to each other. The property you're looking at right there, I believe a fire occurred. The entire roof has collapsed. The actual boat just next to it is actually a boat that's been on fire. Across the actual canal is a boat that has been on fire. A hundred feet to the south is a boat that's been on fire. The house right next to it is abandoned. I could tell you, in the height of the property market, these were probably 8, 9, maybe even a million dollar homes. Commissioner Gort: Yep. Chair Sarnoff And asked what's the status of the property? And know Haydee was there, and maybe Haydee wants to step up. Haydee is our director of NET. And nobody really seems to know what is going on with these properties. And if you've lived next door to them -- and -- well, the reason we were up there -- and Haydee, correct me if I'm wrong -- the neighborhood just wanted to clean up the five or six abandoned properties on a stretch of probably what, 40 -- maybe not 40 -- 30 homes up and down the street? Haydee Wheeler (Director, Neighborhood Enhancement Team): In a two -block radial [sic]. Chair Sam off In a two -block radius or a neighbor -- Ms. Wheeler: Good afternoon. Yeah, let me introduce -- Haiti Wheeler, director of the Neighborhood Enhancement Team office. So within the two blocks, 84th Street and 85th, we had a list of six properties that right now are abandoned. Chair Sam off And when I asked you what's the status of the property, just tell me the actions, the -- not the procedures, but what actions you've taken and how you've tried to coordinate getting these properties dealt with. Ms. Wheeler: What I told you was this. The properties, most of them, although registered, as you can see from the pictures that you have, there is no maintenance to them. I did bring a City ofMiami Page 172 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 report andl have it per district. In total, since the ordinance was adopted, we've registered 896 properties, 426 vacant lots, and that's -- we assist Code Enforcement. In the particular one that you actually have on the first picture, the problem there is that -- it's been reported to -- of course, Code Enforcement has done their part. Then it goes to the Building Department for demolition and the Building Department has it on hold because offunding. Chair Sam off Because offunding? Ms. Wheeler: Um -hum. Chair Sam off So we have policy -- so -- I could tell you this, gentlemen. I think the fastest way to lose an election is pass laws and then not have them enforced, andl think we have got to find a resource -- andl know this goes to the earlier conversation we had with CDBD (Community Development Block Grant), and I guess it was stim (stimulus) money. I can't think of something better to use on -- with stim money, if it can be done, than for this City to take down these homes -- well, I'll let you speak. Go ahead. Commissioner Suarez: Stim money or no stim money -- Chair Sam off Right. Commissioner Suarez: -- regardless of whether we have stim money or not, the fact of the matter is -- even general fund money -- and that's something that doesn't get thrown around here very lightly -- that is used for this purpose, we're going to get reimbursed dollar for dollar, costs, attorneys' fees, and the cost of actually doing the demolition. So it has a priority lien, so it's going to -- we're going to get it dollar for dollar. So whether it's stimulus money or whether it's general fund money, it really has -- makes no difference. The fact of the matter is we have to do it. We have to invest the money, set aside some money. This -- you know, it goes back to some of our discussions about the priority of the $500 million that we get every year in revenue. You know, we should be setting aside some of this money for this work because we're going to get it back. It's just a -- it's a turnover issue. You know, it's a cash flow issue. We're going to have let the cash out for a while, but if we're aggressive -- the City Attorney's office is aggressive in enforcing this and collecting and foreclosing we're going to get the money back quickly. But that property and the other one -- the one -- can you put back up the one with the boards? Is that an unsafe structure? Chair Sam off Probably not. Commissioner Suarez: I would think so. Mr. Guadix: Well -- I'm sorry. Sergio Guadix from Code Enforcement. There's a distinction between a vacant and unsecured structure -- Commissioner Suarez: Yes. Mr. Guadix: -- and a -- Commissioner Suarez: Unsafe. Mr. Guadix: -- an unsafe structure. That determination, it starts out with the Building Department deeming it that way and then it has to go to the Unsafe Structures Board of Dade County -- Commissioner Suarez: Yes. City of Miami Page 173 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Mr. Guadix: -- for it to actually have that designation. Commissioner Suarez: Yes. Mr. Guadix: And then they give it a certain amount of time before the City can actually take further action. It's a process that takes anywhere from four to six months, unfortunately, and sometimes longer. So that other property that you had on there, that's one of the reasons why it's in the system right now. It's been through Code Enforcement. We've ticket the property and we've referred it to the Building Department, so the next step is to actually get the approval from Unsafe Structures Board to go ahead and demolish and then have the funding to go ahead and demolish. One of the things earlier, you had the Community Development Department here talking about that item for the money that we need for the demolition of at least 50 properties that they have already outlined. Commissioner Suarez: Identified right. Mr. Guadix: Maybe that could be one of the ones that definitely goes. Chair Sam off Here's what I propose, gentlemen. I propose that we do a resolution asking the City Manager to find $5 million to be distributed to each Commissioner in five equal amounts, so about $1 million per district, we be allowed to designate the properties that need to be dealt with, andl mean dealt with whether it's torn down, whether it's boarded up, whether it's mowing of the lawn. Obviously, you want to utilize City ofMiami ordinance 08-01062 because the Commissioner's right. You will inevitably get back dollar for dollar -- Commissioner Gort: Yeah. Chair Sam off -- everything you put into it. I would ask him to do it whether it's -- whatever source funding he finds. Whether it's -- Vice Chair Carollo: Right. Chair Sarnoff -- CDB -- well, you know what? Whether it's CDBG, stimulus money, or general fund money of next year's budget. I -- I'm very strong about this. This is how the City falls into decay. This is the best spent money I think we could spend to stabil -- Vice Chair Carollo: Can I speak? Chair Sam off Yeah, absolutely. Go ahead. Commissioner Gort: Mr. Chairman. Chair Sam off Let -- Commissioner, let the Vice Chair, and then I'll -- Vice Chair Carollo: Yeah. Chair Sam off -- recognize Commissioner Gort. Vice Chair Carollo: I have no problem supporting a resolution as stated, except for using general fund money. NSP (Neighborhood Stabilization Program), CDBG, so -- I don't have a problem with that. As a matter of fact, I think that's what we were alluding to earlier today with those NSP fundings [sic]. However, I do have a problem with general funds because of our dire need. I have no problem supporting you; just general funds is, you know, sacred right City ofMiami Page 174 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 now. Chair Sam off Well, let's -- I understand. Vice Chair Carollo: And you see the financial situation. Chair Sam off I understand. Let's do this. Let's let him identifi, the funding source. That would be the resolution. Go ahead. Commissioner Suarez: IfI can chime in, because we've done this in my district already. It takes about -- it costs about $20,000 to demolish and clear a duplex lot of -- you're not going to believe this -- but - four two-story houses on a duplex lot. Chair Sarnoff Wow. Commissioner Suarez: But -- so I mean, you can do a lot -- let's say -- let's give it -- let's leave it at 20. Let's leave it at 20. At 20 you can do obviously 10 for 200 or 100 for 2 million. So if we did 100, that's 25 per district. Let's say 2 million, that's 25 per district. I think -- I personally feel so strongly about this that even if we were not being reimbursed, I would feel comfortable for next year's budget allocating $2 million of the budget to do this. Now, in addition to that, we will be reimbursed for this. If we do it right, we will be reimbursed dollar for dollar all this money. I feel so strongly about this because I feel that it goes back to the central point, which is how are we going -- we have a $500 million budget. If we're dedicating $2 million, that's not even 1 percent, if my math is correct. Five hundred million, 1 percent would be five million. So it's half a percent -- less than half a percent, you know, of our budget to doing this in our neighborhoods, which is so critical. We have these abandoned -- so that's 25 a year, you know, and we will get it -- we will get the money back. I mean, our ordinance allows us to. We can do it on a test basis so we can prove to the Commission that we can get our money back. Maybe do for the next year five properties in each district or something, I don't know, a half a year or something so we can establish our track record that we can actually collect that money. I feel perfectly confident that we could. In my legal experience, I feel perfectly confident that we could, but I can understand that some Commissioners may be skeptical. You know, we've never done it before. So, you know, maybe we can do a pilot program for a certain period of time where we, you know, do five per district and then once we collect that money, we start -- we can think of expanding the program to 25 a district, and if we're getting our money back at some point, it makes sense to do it. I mean, it -- there's no limitation really. Chair Sam off Andl know you want to be recognized, but the only thing I'd say to you, Commissioner, is I don't want to just do five properties next year. Commissioner Suarez: I don't either. Chair Sarnoff I want to do 25 properties next year. Commissioner Suarez: I do too, but -- I do too. Chair Sam off So I'm going to stand on the 5 million, for him to find $5 million. Commissioner Suarez: That's more than 25, though. Chair Sam off That is a lot more than 25, but there's going to be some unforeseen administrative costs. There's going to be -- some properties you may want to take a shot at rehabbing because of where they are and how they affix themselves, andl think every City of Miami Page 175 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner should have the ability to do a million -dollar improvement in his neighborhood on -- especially when -- like for instance, this block. You know, six houses can destroy an entire two -block neighborhood. Commissioner Dunn: That's true. Chair Sam off So with that said, Commissioner Gort, you're recognized, and then Commissioner Dunn. Commissioner Gort: Thank you. First of all, this map, how was it created? Was it created by our staff? Mr. Guadix: I'm not sure what map you're alluding to, sir. Commissioner Dunn: This one. George Mensah (Director, Community Development): This is a map that was created as part of our NSP plan application. It was provided to us by Code Enforcement as properties at that time, two years ago, that were abandoned -- Commissioner Gort: Two years ago. Mr. Mensah: Yes. Commissioner Gort: Okay. Because I can tell you, this -- in looking at my district, this isn't up-to-date. And I'm glad you brought this up because this -- I was going to bring this up next meeting. I was preparing to do the same -- Chair Sam off You did sort of bring it -- Commissioner Gort: -- thing. And the reason being is the biggest complaint that I'm receiving is vacant homes, vacant apartment buildings. And Sergio has been working with us and GSA and Community Development, and we try to put a strategy together because the problem is not only the abandoned home. It's the people that go into the abandoned homes. Chair Sam off Right. Commissioner Gort: You got your juveniles -- Commissioner Dunn: Vagrants. Commissioner Gort: -- you got your vagrants, and you have you [sic] drug addicts, and they using these homes for those reasons. And GSA is working on it, but I agree, we have to step on this. This is the biggest complaint that I have within my district, and I'm sure it's the same complaint that you all have 'cause this facility are [sic] being misused. Now I also requested from the Law Department to try to come up with -- what we can come up with because we had one building that had major problems that is owned by a bank. We are dealing with the bank and trying to see if we can acquire that building. I believe it's about 20 apartments, and it's really a nuisance in my neighborhood. And I'm sure you all have the same thing. We need to enforce -- I mean, we go back to the basics this morning. People are not complying. We need somehow to penalize those people so they can learn. Unfortunately, that's the only way they learn. The other thing that I've asked staff is to analyze -- we have -- and people need to realize the City ofMiami is the -- it's -- the problems that we have is generated by the County and by the growth of the whole County itself. We have a lot of County properties within our City ofMiami Page 176 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 neighborhoods that are not complying with our Code. We need to enforce the Code with the County properties also. I mean, have -- I have lot of those homes within the District 1 which are creating problems within my district. I requestedfrom -- and they're following it up. The need to -- the Code enforcement in the public housing. We need to do that also. Chair Sam off And you know, maybe part of the $5 million that I'm thinking of maybe some of it helps Code enforce -- you know, maybe, that's a couple of Code enforcement officers. Maybe -- you know, I guess what I'm saying is I want to see a real resource put towards this. I want to give each Commissioner enough so he can say I have -- let's use your number -- 25 properties that I pretty well intend on having fixed, and that won't fix your whole district. I get it. But in three years, 75 properties, that might fix your district. And I want to make sure that we come up with $5 million. Andl don't mind that the City Manager says of that $5 million, I'd like to give Mr. Guadix four more Code officers or Haydee Reguerra (phonetic), I'd like to give her three more people or four more people to help out with NET. But I think we have to throw some money at our neighborhoods. I think when we hear the word neighborhood stabilization, I know that money was designated to do that, but I'm not sure it's hitting the point. And again, my point is not to find a way for people to buy property but to stabilize the neighborhood for those who are paying their mortgages, going to work day in, day out, laboring, like Mr. Cruz over there, andl won't mention where he gets all of his tax money from. But the point being, it's to reward those -- not reward 'cause that's not the right word. It is -- Commissioner Dunn: Encourage, support. Chair Sam off Yes, exactly. Exactly. And you're recognized for the record, Commissioner Dunn. Commissioner Dunn: Thank you, Mr. Chair. I believe the -- and I'm betwixt and between because I have to agree with you in terms of the $5 million if we're really going to make -- here's the operative word -- an impact because if you just do one or two houses, that's not going to make an impact because that would only cover, in some of our districts, a half a block, and you know how many blocks -- square blocks we have in our district. But my question is, I have -- it's twofold. Isn't there somewhat -- and I'll ask our historians on the Commission -- a precedent for something similar to this where I think you mentioned or it was alluded that one year each Commissioner had a list where they could pick, what was it, 30 properties and --? How was that --? Chair Sam off You know, we received something -from the Manager about a week ago, two weeks ago? And the City Attorney gave us the schedule of where we were in the process, and it didn't seem to me, having reviewed that list, we got very far. But we were at one time asked to come up with -- I think my first year on the dais -- I don't know if it was 10 or 20 properties that we thought we needed to deal with, andl could tell you as I sit here, I could pick those same 10 or 20 properties. Commissioner Dunn: Oh, okay. Chair Sam off So whatever he has on that sheet, like you could say the words are nice and it looks like something happened, but I can still go to those properties and find those same -- graffiti, that same abandoned appearance. Commissioner Dunn: The -- I said twofold, but actually it's threefold. The second question -- and I'm very intrigued. I heard my colleague, Commissioner Suarez, mention that he was able to get a building demolished with a quick turnaround. Please show me how you did it or who you went to to get it done because -- City of Miami Page 177 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Suarez: Begging and pleading. Begging and pleading. In other words, I -- Commissioner Dunn: How long was that when you said --? Commissioner Suarez: How long was what? From when -- Commissioner Dunn: The turnaround, from the time you -- Commissioner Suarez: Maybe a month. Commissioner Dunn: Oh, man. Okay. And that's -- but that was because it was on the -- was that because it was on the --? Commissioner Suarez: It had already -- I mean, this was a very egregious property. I mean, this was -- you know, it was two duplex lots. There were eight two-story houses half built on two duplex lots. They were a very big danger to the neighboring duplexes, which had elderly residents. I think it'd been up for more than two or three years in that state. They had been declared an unsafe structure at least twice -- Unidentified Speaker: Right. Commissioner Suarez: -- so, you know, we were able to use a lot of that prior work that was done -- Commissioner Dunn: Okay, to move it. Commissioner Suarez: -- andl was able to basically finish the process. Commissioner Dunn: Okay. Commissioner Suarez: So, you know, I think the Code Enforcement director's right in saying that it's a process that takes really four to six months -- Commissioner Dunn: I thought so, okay. Commissioner Suarez: -- in my particular case because a lot of that process was already done. I came in -- Commissioner Dunn: Okay. Commissioner Suarez: -- and kind of lowered the boom, so to speak, and finalized it, finished the process -- Commissioner Dunn: Okay. Commissioner Suarez: -- with the help of the City Attorney's office and the director of the department. But I think -- I just wanted to make one comment, ifI could, if you would allow me to? Commissioner Dunn: Sure, of course. Commissioner Suarez: Mr. Chairman, I can understand why you're frustrated because I can see that you are number two on this list. You have the second most -- you know, even though your district, ironically, is one of the wealthiest or the wealthiest, it has the most -- second most City of Miami Page 178 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 abandoned properties, which is -- I find astonishing. I did not know that before today. Andl think the beauty of this is that it can be done as a task force. In other words, there is -- this is a finite issue, and if we tackle it in that way, we could -- you know, it's like homelessness. You know, we can reduce the number, and it's not like it's going to be a, you know, concurring problem. Chair Sam off Right. Commissioner Suarez: Once you start to reduce the number or eliminate them, that's it. They're done. I mean, they're not just going to keep popping up. So it's something that we can tackle over a five-year span, you know, anywhere from two- to five-year span if we're aggressive about it. It also sends a huge signal. Once we start to do this and people start to notice, one of two things is going to happen. Either people are going to start to comply with the Code, They're going to say my property's going to be demolished. Look what the City's doing. This is -- you know, this is really happening. Or they're just going to throw up their hands and say look, we don't have the money to make our properties comply. Go ahead and you know, do what you got to do. Chair Sam off You know, let me -- and I'll get to you, Vice Chair -- but let me describe three cities to you. Detroit, I would say their financial problems are equal or worse than ours; Baltimore, I actually know their financial problems are worse than ours; and Cleveland, their financial problems might be slightly better than ours, but hopefully, after LeBron leaves, it will be worse than ours, and we will be the recipient of it. Commissioner Dunn: About four and a half to almost five and a half -- Chair Sam off Five and a half hours? Commissioner Dunn: -- four and a half hours. Chair Sam off Okay. Commissioner Dunn: Four forty five. Chair Sam off I think you have insight you better share. But they have been able to demolish 1,000 buildings, so I call upon Mr. Crapps [sic], our assistant manager, to find out how it is they were able, these cities in financial straits, demolish 1,000 buildings because we -- we're not recreating the wheel, you know. We're here to find out and have an impact. And, you know, Commissioner Suarez, there's an irony here. Obviously the housing bubble has bust, and a lot of people in my neighborhood or my neighborhoods probably purchased too high and they're abandoning the properties. But there are people who are shouldering the burden, who are working, toiling, doing what they have to do to make their mortgage payment and their taxes to us. And it's just harsh and hard to allow them to continue to live next door to these properties. I think it's the -- I think it's one of the -- next to police and next to fire and maybe sanitation, it is what cities should do. You know, it is -- there's two kinds of property owners, those that care about their property and all others. And in the category of all others are absentee landlords, and in the category of absentee landlords are banks, both of which don't care what condition the property is in that they have. And the City of Miami, in the last report I saw, had about 48 percent of its properties owned by the second category. That is huge. So there are people investing down here that are from Venezuela, that are from Iowa, that are from New York City, and they don't really care what the property looks like. They're land banking. And now there are banks out there foreclosing, taking property back, and they have no social impetus to turn around and do what you would do or I would do if we were next -door neighbors, which is take care of our garden, make sure our roof looks good, and clean the front City of Miami Page 179 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 of our apron way. And unless we do something as a city to force their hand, it will be like this. It's been like this in Miami for many, many years. Absent -- downtown -- your dad used to say, the worst part of downtown is absentee landowners, and he's right. And it's still owned in large part by absentee landowners. But if we got strenuous and this Commission -- this Commission shows that it can act in concert. This Commission shows that it can work together. We pick out the right properties, and we can make a huge impact, not only financially but socially in the City ofMiami. Mr. Guadix: Mr. Chairman, may I address the dais? I just want to make sure that the Commission understands because the first -- how it started was that there was a concern that the ordinance that was passed on the vacant properties and the registering of the properties was not being followed. And I just want to make sure that you understand as a result of that ordinance, we've had 896 properties that have registered. So I want you to know, we have been enforcing. And we've also taken to Code Enforcement 389 cases for the vacant unsecured. Now the issue is closing the loop, andl agree with you, that's what we have to do. Close the loop that these properties are out there collecting fines and everything that we get them demolished. So I agree with you a hundred percent. We need to work on that on closing the loop. But we have been enforcing that ordinance. Vice Chair Carollo: Mr. Chairman. Chair Sam off You're recognized. Vice Chair Carollo: Mr. Director, you said 889 properties? Mr. Guadix: That's -- yeah, a total between lots, vacant lots, and vacant properties -- vacant buildings. Vice Chair Carollo: Okay. 'Cause, you know, the numbers that we received here on the documents, are they audited? Did --? Mr. Guadix: No. This is a report that we get from 311 -- Vice Chair Carollo: -- 'cause -- Mr. Guadix: -- because that's where they get -- when they get registered, they go -- they get put on 311 as registered and we got those numbers -- Vice Chair Carollo: So -- Mr. Guadix: -- and maybe Haydee can expand. Vice Chair Carollo: -- realistically, if no one reports them, then they don't show up here? 'Cause I think Commissioner Gort andl would both agree that we don't agree with these numbers. Mr. Guadix: And what numbers do you have? I'm not sure what numbers you have. Vice Chair Carollo: Well, I'm having total properties, 772. So when you mention 896 -- Mr. Guadix: But remember, those are properties -- I think you're looking at the report that came like two years ago, and they're just on vacant properties with vacant structures that did not include lots, so that's a whole different thing that you're looking at. Haydee's right now passing to you where we got these numbers from the -- from our 311 system. City ofMiami Page 180 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Ms. Wheeler: Commissioner -- Commissioner Gort: A lot of it -- the residents in our district do not call 311. They're not aware of it. Ms. Wheeler: Right. Commissioner Gort: They call us and let us know. Chair Sam off Yeah, exactly. Ms. Wheeler: Yeah. Commissioner, this does not mean that this is the whole number of the houses that you will find that are abandoned. That's the difference. Chair Sarnoff Anecdotally, Haydee, let's say there's 800-plus properties registered. How many do you think really exist in the City? Ms. Wheeler: How many? Chair Sam off Yeah. Ms. Wheeler: From my tours of the City, you could maybe double the numbers. Chair Sam off Double that number? Vice Chair Carollo: And Mr. Chairman. Chair Sam off Yeah, go ahead. You're recognized. Vice Chair Carollo: Andl agree with all my colleagues. The only issue I have is where are those $5 million going to come from. That's the only thing that I would like to be addressed. I mean, be it the Manager, be it -- you know, be it -- having it come back to this Commission for approval. Chair Sam off Oh, no, no, absolutely. Vice Chair Carollo: You understand? That's the only issue I have. Chair Sarnoff And I'm not -- all I'm saying is I'd like to -- I'm proffering a motion, so let me proffer it -- and I'll stay with the procedure. I'm proffering a motion merely asking him to identifi, $5 million of funds so that each Commissioner could have -- let me bring it down. Let's just say there's -- let's say he forms a task force. He gives a certain amount to certain administrative personnel. So each Commissioner then has $900,000. So he'll -- it's 5 million, so it's a hundred thousand per -- half a million dollars that he would have for administrative task force. Then we would have $900,000 of what I would call actual rehabilitative costs/teardown costs. And that that be brought back to us exploring every available funding source from the City ofMiami so that we could create -- so we could budget it in next year's budget. Whether -- if -- it could be CDBG, and then -- let's say $2 million of it could be CDBG Vice Chair Carollo: (UNINTELLIGIBLE). Chair Sarnoff -- and -- but only 3 million -- and 3 million had to be general fund, you have a City ofMiami Page 181 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 tough question then to ask. Commissioner. Commissioner Suarez: And I think under that -- Vice Chair Carollo: I have a motion by Chairman Sam off. Is there a second? Commissioner Suarez: Second -- Commissioner Gort: Second. Commissioner Suarez: -- for discussion. Vice Chair Carollo: Seconded by Commissioner Suarez for discussion. Go ahead, Commissioner. Commissioner Suarez: I think, if that were the case, I think -- you know, there's a reluctance obviously to use general fund money and I understand the reluctance. I think -- you know, let's assume we could identifi, the $2 million in CDBG money and then -- Vice Chair Carollo: NSP. Commissioner Suarez: -- or NSP or whatever, that would be lot of money to -- it would be, you know, roughly a little less than half a million per district. There would be a lot of money to get started on this. Because remember, you made a good point, Chairman, which is that a lot of this problem has been exacerbated in the last five years by the fact that we've had this mortgage crisis and this lending crisis and the economic conditions. So there's probably two or three times the number of abandoned houses that there were five, maybe even ten years ago before all of this happened because, as you said, people got overextended. They bought the house, and they just -- they couldn't pay and then they left and -- or the bank took it over or whatever. So this is like something that just -- that has happened recently and that can be, I think, remedied within a pretty brief amount of time, generally speaking, if we're aggressive about it. Now I think a reasonable monetary turnover would be at least -- I would say at least a year from start to finish. And that's something that has a budgetary impact. In other words, if we front the money today, it would probably take us about a year to get the money back, maybe more, simply because -- I'll give you the reasons why. The court systems are very backed up with reference to foreclosures right now -- Chair Sam off You're dead right. Commissioner Suarez: -- so it's a cash flow issue, which is another reason why I wanted to know the cash flow, working capital, and pool funds scenario because if we're fronting money, it's going to take us a year, maybe a year and a half, maybe even two years to turn that money over. I think -- I feel very confident that we'll turn it over, andl think once we're able to do that, the Commission which would be at that point much more amenable to using general funds money because we're getting it back. So we're fronting the money and we're getting it back; andl think under that scenario, the Commission would be amenable to use that money, but there has to be a track record, you know. Vice Chair Carollo: And Mr. Chairman, I have a question. In your motion, is -- to -- for the Manager to identify funding and then come back to the Commission for approval, correct? Chair Sam off Absolutely. Vice Chair Carollo: Okay. Commissioner Dunn or Commissioner Gort, I thought one of you -- City of Miami Page 182 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 NA.5 10-00883 one of the Commissioners had a -- no? Okay. With that said, any further discussion? Hearing none, all in favor say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right say "nay." Motion passes unanimously. DISCUSSION ITEM DISCUSSION BY CHAIR SARNOFF REGARDING THE WAIVING OF RENTAL FEES FOR THE CITY OF MIAMI'S SHOWMOBILE AND BLEACHERS FOR THE HUNTINGTON'S DISEASE SOCIETY OF AMERICA. 1000883-Submittal-E-mail-Commissioner Sarnoff.pdf 1000883-Submittal-Commissioner Sarnoff.pdf DISCUSSED Chair Sam off Gentlemen, one last pocket item. It doesn't have to be acted on today, but I wanted to bring up for conversation. The Huntington's Disease Society of America South Florida Chapter is having its 19th Annual Huntington [sic] Disease triathlon, which will be held in Miami Marine Stadium on August 1, 2010. For those of you that don't know, Huntington's disease is an inherited disease that causes certain nerve cells in the brain to waste away. People are born with the defective gene but symptoms usually don't appear until middle age. Early symptoms of Huntington's disease include uncontrolled movement, clumsiness or balance problems. The Society is asking for my office support, thus this Commission's support, by waiving a portion of the City ofMiami setup fee. The permit application is completed and the Society has paid $1, 000 for the use of the facility on August 1. In addition to the $1,000, there is a charge of $1, 000 per day for the setup, which includes -- which would be totally $2,000. The Society is renting the bleachers and a show stage from the City and would like to have them delivered on July 30, which supplies the event -- the supplies for the needed event. What they're asking us to do -- or they're asking me to do that I'm bringing to you is to waive the $2,000 additional fee for our facilities and the setup fee. What we usually don't do, we usually don't waive fees that will have a financial impact. This does have a financial impact, but you know what? I want to know what the appetite is for this Commission. I want to know what the procedure is. 'Cause I want to see how we're going to deal with this from this day forward. It will have an impact. It is -- I will tell you this. All the proceeds of the event go to the Huntington's disease cure. So -- Vice Chair Carollo: Mr. Chairman. Chair Sam off You're recognized. Vice Chair Carollo: I make a friendly suggestion that you use your office account $2,000 and fund it since they asked you. Chair Sam off I understand. And ifI had $2,000 in my office account, I would use it. Commissioner Gort: Mr. Chairman. Chair Sam off Unfortunately, I suffer from having staff from years before to cutting -- it's a little different coming in the way you did, but I understand what you're saying. You're recognized for the record. City ofMiami Page 183 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Gort: Question. My understanding is the fee was $1,000 already been paid -- Chair Sam off Correct. Commissioner Gort: -- but the City charges for setting up an additional $1,000. The setting up, does that cost the City any --? Vice Chair Carollo: Of course. Of course, manpower. Commissioner Gort: What's the cost to the City? Tony Crapp, Jr. (Chief of Operations): I don't know offhand. I know -- Commissioner Gort: I don't think it's any -- Vice Chair Carollo: Has to be. Even the workers that are setting -- Chair Sam off Right, right. Vice Chair Carollo: -- it up. It has to. There has to be a cost. Chair Sam off It's -- in other words, it is the employees that are out there working. Commissioner Gort: It's the City ofMiami employees putting -- Chair Sam off Yes. Commissioner Gort: -- setting it up. Oh, okay. Vice Chair Carollo: It -- Mr. Chairman. Chair Sam off Go ahead. Vice Chair Carollo: Do we need to decide this now? Can we decide it in July22? Maybe it'll give us a little bit to think outside the box and maybe, you know, come up with another remedy? Chair Sam off Oh, I'm sorry. Let me correct -- I've just been told that we're not waiving salaries. We are waiving the rental fee from the City. Commissioner Dunn: So Mr. Chair -- Chair Sam off Andl will share this --I'll share the e-mail (electronic) with everyone. It's the equipment fee that we're asking to waive. Andl -- they utilize, I think, our big -- what's that thing we have? Commissioner Dunn: Show mobile. Commissioner Gort: Right. Chair Sam off I know there are bleachers involved and -- I forgot. What is that large -- the stage is it? Commissioner Dunn: Show mobile. City ofMiami Page 184 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off The show mobile. I'm sorry, it's the show mobile. The show mo -- I forgot what the name of it is. So that's -- that is what they're asking to waive, the rental fee that we charge for the show mobile and the bleachers. Commissioner Gort: I'd like to give you a suggestion. Chair Sam off Go ahead. Commissioner Gort: If we waive this, we starting a precedent and then every non -for -profit can come -- Chair Sam off Absolutely. Commissioner Gort: -- and request. I've had some people come to me, an event that's going to take place, and asking for funding and for the waiver. My commitment to them is I'll work with them and I'm getting private sponsors to pay for it. I think that the commitment that we can make here, I think it's a great organization, we should work with you and try to get private sponsors to help pay for it. 'Cause once we do this for one, they're all going to come and everybody's going to be requesting the waiver of fee. Chair Sam off Okay. Commissioner Dunn: Mr. Chair. Commissioner Gort: That's my -- Chair Sam off Andl understand. Andl -- that's why I wanted to bring it out. You're recognized. Commissioner Gort: And I'm thinking as a lawyer now. If we set out precedence -- Chair Sam off You're dead right. Commissioner Dunn: I'm really struggling and toiling with this because of one, the nature of the organization, andl do know that oftentimes there is a request by all of our constituents to do these kinds of things. What if we consider as a friendly amendment or a friendly approach to this to limit each Commissioner maybe to maybe one event and limit the amount? That way, it won't go -- the train won't run off the track because that would at least -- you know you would have some controls. You understand, Commissioner? 'Cause there -- we're approached by these kinds of things all the time, but if we set a cap, if you will, and limit it to maybe one per -- and then let that Commissioner at his discretion say, okay, I can -- I got one, but then you're going to -- you got to deal with your own constituents then. But I mean, I -- you know, that's a question -- that's -- I think could live with something more like that coming from -- because now it's not now three coming from or four coming from one district Commissioner, and then the other -- you know, if we limit it to, and this is our pick -- but then you know, as a Commissioner, you got to deal with your constituents, so -- Vice Chair Carollo: Mr. Chairman. Chair Sam off You're recognized. Vice Chair Carollo: Exactly. And then what happens on certain organizations that have events at certain dates. In other words, what if they come before other events? Now they're asking City of Miami Page 185 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 you and you're stuck. You don't want to say no, but then do you hold out for an event that you do want to fund and so forth. So, you know -- I mean, obviously, it puts a burden more on the Commissioner and -- I mean, I'm not crazy about it, the idea. I -- andl know we're all in different situations. I just pony up and give from my office account and back them or raise the money or, you know, go out there and fund -raise [sic] for them or help them somehow, you know, like Commissioner Gort stated. That's what I would do. Andl know in the past, it's -- you know, Commissioners have supported each other and so forth. We're just in different times. We're in that new normal that we've spoken about. Chair Sam off I agree. And l wanted -- I just merely wanted to see what I could do, what the Commission's temperature was. I get it, and I'd probably say the same thing that you're saying to me. Vice Chair Carollo: However, I would also say you come back to us in a year or two years or maybe less than that, I don't know, maybe the -- you know, it might change. Just in the financial state that we're in, it's difficult Chair Sam off Andl have no problem with (UNINTELLIGIBLE). Vice Chair Carollo: And then setting a precedent is what I'm really afraid of. Chair Sam off All right. Thank you. Commissioner Gort: I'll commit to help you raise money for that. Chair Sam off Thank you. Thank you. NA.6 DISCUSSION ITEM 10-00884 DISCUSSION REGARDING THE POSSIBILITY OF LEBRON JAMES JOINING THE MIAMI HEAT AND WHAT THE CITY OF MIAMI SHOULD DO TO RECOGNIZE HIS DECISION IF HE DECIDES TO PLAY FOR THE MIAMI HEAT. DISCUSSED A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and was passed unanimously, directing the Administration to instruct the Protocol Office to create 3 sets of proclamations and keys to the City for Miami Heat players Dwayne Wade, LeBron James, and Chris Bosh; however, the proclamation and key to the City for LeBron James will only be created if he actually signs on with the Miami Heat; further that these items should be ready for presentation no later than 10:00 AM on Friday, July 9, 2010. Chair Sam off All right, so, gentlemen, anybody have anything else? Motion to adjourn? Commissioner Suarez: So move. Commissioner Gort: So move. Chair Sam off We have a second? Commissioner Dunn: Second. Commissioner Suarez: Second -- City of Miami Page 186 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off All in favor? Commissioner Suarez: -- for discussion. I just want to discuss something. This is very important. Vice Chair Carollo: By yourself. Chair Sam off Mr. Continuance, go ahead. Commissioner Dunn: All right. Commissioner Suarez: Yes. I want to continue the motion to adjourn. No. I want to discuss what we're going to do as a city if we get LeBron James and if we get -- well, obviously we know we're going to get Dwyane Wade back and Bosh. But what are we going to do as a city if we get LeBron James? We got to coordinate with the Heat -- Commissioner Gort: Ask him for a donation. Commissioner Suarez: -- to make sure -- Commissioner Gort: They get 150 million. Commissioner Suarez: -- that we, you know, really promote this because this is going to be -- this would be enormous for the City. I mean, I know we're joking, but we're -- but this is serious. This would be an enormous, enormous thing for the City of Miami and it would really show -- it's another one of those indicators that Miami as a worldwide city is coming of age. And I just -- I think that we should do something. I don't know what exactly, but I think we should do something. Commissioner Dunn: Mr. Chair. Chair Sam off Is Tim Schmand still here? Tim -- Vice Chair Carollo: Yes. Chair Sarnoff -- step up. Vice Chair Carollo: Careful, Tim. Careful. Chair Sam off You obviously have some insider information. You've been sitting here all day. Did he sign? Tim Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard. I'm here to chat with my chair, Commissioner Carollo, andl have no inside information on anything ever. Commissioner Gort: 5: 37: 05 Commissioner Dunn: Mr. Chair, let me just chime in a little bit. Just prepare your -- clear your calendar for 12 o'clock tomorrow at the Triple A. Commissioner Suarez: I think that's a good idea. And may -- we may want to consider doing some sort of a special meeting and bring all the players here and have a proclamation, a media event, something here in the City, you know, to recognize the Heat for such an outstanding City of Miami Page 187 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 effort and these players for choosing Miami. Chair Sam off What do you think the chances are of getting them to come here? Commissioner Dunn: He's on his way. I'm serious. Chair Sam off I got -- Commissioner Dunn: I can tell you where his home is going to be, in Broward County. Chair Sam off Broward County? Commissioner Dunn: Yeah, Fort Lauderdale. Yeah. Commissioner Suarez: LeBron? Commissioner Dunn: I'm telling you, I got inside information, but I can't give my sources. But let me say this, remember this -- Chair Sam off You're sure of this, aren't you? Commissioner Dunn: You never heard me this vociferous about anything, have you? Commissioner Gort: What was that word again? Commissioner Suarez: I like vociferous. Commissioner Gort: What was the word again? Commissioner Dunn: Vociferous. The attorney -- the two attorneys know what I'm talking about. Commissioner Gort: (UNINTELLIGIBLE). I'll get in trouble. Commissioner Dunn: Or ada -- I'll use the word adamant then. But Vice Chair -- no. Seriously -- on a serious note, this has caused Miami's name to be mentioned numerous times -- Vice Chair Carollo: Every second. Commissioner Dunn: -- all across the world. Commissioner Gort: Yes. Commissioner Dunn: I mean, it's crazy. And I do foresee that -- I feel pretty strong that he's coming. Commissioner Suarez: And again -- Commissioner Dunn: I'm out here now. I'm really out here. Chair Sam off All I could say is -- Commissioner Suarez: I think we need to reach out -- City of Miami Page 188 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sarnoff -- I'm really glad I went to school with the vice president of the Miami Heat. I mean, that's -- Commissioner Suarez: -- to them and see if we can get -- Commissioner Dunn: No, that's good. Commissioner Suarez: -- them in here and do something. Vice Chair Carollo: I think so. I agree. Chair Sam off What do we do? I mean, what --? Commissioner Suarez: Give them to the keys to the City, give them proclamations, the keys -- Commissioner Dunn: Well, that's true, some keys. Commissioner Suarez: -- proclamation dishes, everything. Anything we can give them. Chair Sam off That's my question. Supposing you decided to call a special meeting next week Thursday -- Commissioner Dunn: Let's have some keys ready tomorrow. Chair Sarnoff -- would they --? Commissioner Dunn: Some keys ready tomorrow. Vice Chair Carollo: Yeah. Commissioner Dunn: We could speak with our -- Commissioner Suarez: Keys, proclamations. Commissioner Dunn: -- Protocol and then -- Commissioner Suarez: Proclamations. Commissioner Dunn: -- of course, we cannot overlook our own -- Chair Sam off Well, let's pass a reso (resolution) on it then. Commissioner Dunn: -- Dwyane Wade because he's really the key. Vice Chair Carollo: Of course. Commissioner Dunn: He's the key. Commissioner Suarez: Super Dwyane, definitely. Chair Sam off Do you want to pass a reso instructing our Protocol Department to prepare three sets of keys -- Commissioner Dunn: That's good. City of Miami Page 189 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Chair Sam off -- three proclamations -- Commissioner Dunn: That's good. Commissioner Suarez: Yes. Chair Sam off -- to Dwyane Wade -- Commissioner Suarez: Yes. Chair Sam off -- LeBron James -- Commissioner Dunn: And Bosh. Chair Sarnoff -- and Christopher Bosh? I was -- I'm a bigger Bosh fan. I just want to go on the record. Vice Chair Carollo: I will make afriendly amendment; to LeBron James should he come to Miami. I mean -- Commissioner Suarez: Contingent on him being signed, right. Vice Chair Carollo: Yeah, contingent upon him actually coming to Miami 'cause I don't want that last-minute -- Commissioner Suarez: Yeah, we don't want -- Vice Chair Carollo: -- at 9 p.m., you know -- let's -- Commissioner Suarez: We don't want to -- Vice Chair Carollo: -- not jump the gun. Commissioner Suarez: -- be a bad omen. Commissioner Dunn: Watch ESPN (Entertainment Sports Programming Network) tonight at 9 o'clock. Commissioner Suarez: There you go. Chair Sarnoff Look at Dunn. I mean, he just knows something. Commissioner Dunn: Three hours and what -- Chair Sam off All right, so are we going do that reso? Commissioner Suarez: So move. Vice Chair Carollo: Second. Chair Sam off All right. Priscilla A. Thompson (City Clerk): We just need a direction. City of Miami Page 190 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Commissioner Dunn: They say we don't need a reso. Maria J. Chiaro (Deputy City Attorney): No, no, no. You don't need a resolution. Chair Sam off Well, here it is. The resolution is -- Ms. Chiaro: Just direct a proclamation. Commissioner Dunn: Just direct -- Ms. Chiaro: Direct a proclamation, a big one. Chair Sam off The biggest proclamation we can build, followed by the keys of the City to the three gentlemen, with the modification that the Vice Chair stated, in the event LeBron James comes, only for his proclo -- Ms. Thompson: But it is a direction not a resolution. Chair Sam off To protocol, is it not? Vice Chair Carollo: It's not a resolution. It's a direction. Commissioner Suarez: Direction. Tony Crapp, Jr. (Chief of Operations): To the Administration. Ms. Thompson: A direction to the Manager. Chair Sam off To the City -- I guess -- Mr. Crapp: To the Administration. Chair Sam off -- we direct the City Manager to direct Protocol. Ms. Thompson: Exactly. Mr. Crapp: Will do. Commissioner Suarez: Done. Chair Sam off To have this done and ready for us no later than 11 o'clock tomorrow morning. Commissioner Suarez: So move. Vice Chair Carollo: I'd go with 10 just -- Chair Sam off Ten o'clock tomorrow morning, with that amendment. All in favor, please say -- The Commission (Collectively): Aye. Commissioner Suarez: And now we can vote on adjourning. Chair Sam off You had a problem with that, Madam Clerk? City of Miami Page 191 Printed on 8/10/2010 City Commission Meeting Minutes July 8, 2010 Ms. Thompson: No, no. Then you've actually -- instead of the direction, you've actually entertained a motion. Andl would word it a motion directing the City Manager to do thus and so, okay? Now -- Chair Sam off But that's what we did. Ms. Thompson: Well, no, because now that -- we've got it. Chair Sam off All right, motion to adjourn. Do I hear one? Commissioner Dunn: Second -- motion. Vice Chair Carollo: Move. Chair Sam off All right, all in favor, please say "aye. The Commission (Collectively): Aye. ADJOURNMENT A motion was made by Commissioner Carollo, seconded by Commissioner Dunn, and was passed unanimously, to adjourn today's meeting. City of Miami Page 192 Printed on 8/10/2010