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HomeMy WebLinkAboutCC 2012-02-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, February 9, 2012 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes February 9, 2012 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEM 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 City of Miami Page 2 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones Absent: Vice Chair Sarnoff On the 9th day of February 2012, 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 Commission Meeting was called to order by Chair Suarez at 9:00 a.m., recessed at 11:59 a.m, reconvened at 2: 00 p.m, recessed at 3:23 p.m, reconvened at 3:30 p.m and adjourned at 4: 37 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9: 01 a.m. and Commissioner Carollo entered the Commission chambers at 9: 04 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, City Clerk Chair Suarez: Good morning. Welcome to the February 9, 2012 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Marc David Sarnoff, Vice Chair, Frank Carollo, Michelle Spence -Jones, myself, Francis Suarez, the Chairman, and Commissioner W fredo Gort. Also on the dais are Johnny Martinez, the City Manager, Julie O. Bru, the City Attorney, or her designee, Victoria Mendez, and Priscilla A. Thompson, the City Clerk. The meeting will open with a prayer by myself and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00133 PRESENTATION Honoree United Way Miami Firefighters FF Rafael Dominguez Lt. Octavio Solis FF Carlos Mancha FF Eddy Rodriguez FF Enoch Cunningham Lt. Kent Padmore FF Cesar Bustillo FF Jeffrey Fitzerald Disp. Aida Vichot Monika Freiser Presenter Protocol Item Mayor Regalado Proclamation Chairman Suarez Chairman Suarez Outstanding Service Outstanding Volunteer City ofMiami Page 3 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Samuel Johnson [1953 - 2011] Comm. Spence -Jones Memorial Tribute Bayfront Park Staff Commissioner Carollo 12-00133 Protocol Item.pdf PRESENTED Certificates of Appreciation 1) Mayor Tomas Regalado presented a Proclamation to the United Way ofMiami-Dade, which has been an innovative force in the community with a long and successful track record of responding to emerging needs and transforming people's lives for the past 90 years. 2) Commissioner Michelle Spence -Jones presented a Memorial Tribute in honor of Youth Activist, Samuel Kelvin Johnson, whose life was spent celebrating the power of personal sacrifice and purposeful living and whose most notable contribution surfaced out of his vision to help the youth of Liberty City through the formation of the Liberty City Optimist Club of Florida, Inc, a comprehensive community program that inspired and influenced many lives. 3) Chair Suarez presented a Commendation to Monika Freiser, in appreciation of her refreshing generosity of spirit and outstanding volunteer initiative that led to the creation of the Golden Key 5KRun, an event that she has hosted for two years for PAD, the City ofMiami Public Access Defibrillation Program, and as a vehicle to increase public awareness and education about Sudden Cardiac Arrest. 4) Commissioner Carollo presented a Certificate of Appreciation to the Bayfront Park Management Trust in gratitude for their contribution to the outstanding success of the 2011 New Year's Eve event at Bayfront Park; further recognizing their dedication and commitment to creating a memorable event for more than 80, 000 people. 5) Chair Suarez presented a Certificate for Outstanding Service to various members of the City ofMiami Fire -Rescue Department for their valiant efforts and unyielding resolve, in a rapidly deteriorating situation, to save the life of a 10 year- old girl suffering from cardiac arrest; further applauding their expertise and professional compassion to preserving the health and security of all Miamians. Chair Suarez: We will now make the presentations and proclamations. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: We will now proceed with the approval of the minutes from the regular Commission meeting of January 12, 2012. Do I have a motion? Commissioner Carollo: So move. Commissioner Spence -Jones: Second. Chair Suarez: It's been moved by Commissioner Carollo, second by Commissioner City ofMiami Page 4 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 MAYORAL VETOES Spence -Jones. Any discussion? All in favor, signifi, by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: Motion passes unanimously. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Suarez: Madam Clerk, are there any mayoral vetoes to report at this time? Priscilla A. Thompson (City Clerk): No, Chair. There are no vetoes. Chair Suarez: Thank you. ORDER OF THE DAY Chair Suarez: Madam City Attorney. Victoria Mendez (Assistant City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at wwwmiamigov. com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices are permitted in the Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting may notifi, the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever comes first. [Later...] Chair Suarez: We will now proceed with the order of the day. Does any Commissioner wish to defer, continue, or withdraw any item from the regular agenda or the consent agenda? Please note that request to pull consent agenda items for discussion will not be entertained at this moment. I don't think there's a consent agenda today so -- Commissioner Spence -Jones: No. Chair Suarez: -- is there any items that anyone would like to pull? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. I just wanted to respectfully request that RE.4, the issue with the changing station, have a time certain, if it could be the first item after our lunch break, maybe at -- Chair Suarez: Absolutely. City of Miami Page 5 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Carollo: -- 2, 2: 30, whenever. Chair Suarez: Perfect. Commissioner Carollo: Thank you. Chair Suarez: Any other -- the Administration? Mr. Manager, you're recognized. Johnny Martinez (City Manager): Yes. I would like to defer to the February 23 meeting, PH.1. I would also like to defer to the February 23 meeting, the -- RE.1, which is the MOU (Memorandum of Understanding) with -- for the preservation of the Marine Stadium that establishes the process. We are considering some language revisions that the Administration wants to look into so we can give you a very healthy MOU. I do want to take this opportunity to recognize the Friends of the Marine Stadium which are here today. They've worked tirelessly in the past years to ensure the preservation of this historic gym and we look forward to continuing to work with them on this effort. Chair Suarez: Thank you. Is that all? Mr. Martinez: Yes. Chair Suarez: Is there a motion to defer -- Commissioner Gort: Move it. Chair Suarez: -- PH.1 and RE. 1 ? Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Suarez: It's been moved by Commissioner Gort, second by Commissioner Carollo. Any discussion? Mariano Cruz: PH.1, public hearing. Chair Suarez: It's a deferral, but -- Mr. Cruz: Oh, defer, oh. Chair Suarez: It's a deferral, yeah. Mr. Cruz: Oh, I was coming ready to -- Chair Suarez: It's okay. Next time. Mr. Cruz: I got the -- even the declaration for independence. Chair Suarez: Okay. Mr. Cruz: He has send -- he has created many offices and send (UNINTELLIGIBLE) some officer to harass our people and (UNINTELLIGIBLE). Chair Suarez: Okay. All in favor, signift by saying "aye. City of Miami Page 6 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 The Commission (Collectively): Aye. Chair Suarez: Motion passes unanimously. [Later..] Chair Suarez: Well, we're going to be tabling D2.1 and we're going to be tabling D2.2, which are Commissioner Sarnoffs discussion items. And we're going to -- well, I don't know if Commissioner Gort is going to be coming back. Is there anybody here from his staff? Priscilla A. Thompson (City Clerk): Chair, ifI might, while you're waiting to find out, under D2.1 and D2.2, we are actually going to be continuing those, not tabling them 'cause you won't have that discussion at this meeting, right? Chair Suarez: That's correct, we will not be discussing them at this meeting. Ms. Thompson: Okay, thank you. Chair Suarez: Yes. So I apologize for the phraseology. Is anyone from Commissioner Gort's office around just to find out if he is going to be back? Okay. So he -- okay. So we're not sure whether or not he's going to -- let's see. Is there anything else? Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) at least get a ETA (Estimated Time of Arrival) from Commissioner Carollo. Chair Suarez: Can you -- Commissioner Carollo, is he -- yeah, can you get an ETA on him on when he's coming? Commissioner Gort's not coming back? Okay, so we're going to be -- Madam Clerk, we're going to be, I guess, continuing also Commissioner Gort's discussion item. I was just informed by one of the sergeant at arms that he's not going to be returning. So that is the food truck discussion item. [Later..] Mr. Martinez: Mr. Chair. Chair Suarez: Yes, Mr. Manager, you're recognized. Mr. Martinez: Because we won't have the four fifths because -- well, there's only three -- Chair Suarez: Yes. Mr. Martinez: Commissioners -- we need to defer to February 23 the RE.8 and RE.9. Chair Suarez: Is there a motion? Commissioner Carollo: So moved. Commissioner Spence -Jones: Second. Chair Suarez: Been moved and second. Moved by Commissioner Carollo, second by Commissioner Spence -Jones. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: None in opposition. It's unanimous. City of Miami Page 7 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 11-01203 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $670,000, FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT RESERVE ACCOUNT TO THE CITY OF MIAMI DEPARTMENT OF CODE ENFORCEMENT, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONDUCT CODE ENFORCEMENT ACTIVITIES IN THE ELIGIBLE TARGET AREAS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 11-01203 Summary Form.pdf 11-01203 Notice to the Public.pdf 11-01203 Map of CDBG Eligible Areas.pdf 11-01203 Budget Comprising of Staff.pdf 11-01203 Violations from Staff 2010 & 2011 - 02/23/12.pdf 11-01203 Legislation.pdf 11-01203 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PH.1 was deferred to the Commission Meeting scheduled for February 23, 2012. PH.2 RESOLUTION 12-00013 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANNUAL Development ACTION PLAN FOR FISCAL YEAR 2012-2013, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S ANNUAL ACTION PLAN FOR FISCAL YEAR 2012-2013 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 12-00013 Summary Form.pdf 12-00013 Notice to the Public.pdf 12-00013 Legislation.pdf 12-00013 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff City of Miami Page 8 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 R-12-0045 Chair Suarez: PH.2. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.2 is a resolution of the Miami City Commission, with attachments, that's approving the City ofMiami annual action plan for fiscal year 2012 to 2013. Chair Suarez: This is a public hearing. Any members from the public --? Mariano, here's your shot. Mariano Cruz: Sure. Chair Suarez: Step up to the mike. Mr. Cruz: What I am seeing -- Mariano Cruz, chairman ofABDA, Allapattah Business Development Authority, 2634 Northwest 21 Terrace. I'm not giving my -- I am not talking myself. I'm talking -- you know, I have seen the proposals that the department, the City Department of Community Development have and they cutting the money for economic development and social work and all that. They are not cutting nothing -from administration; no, 20 percent. No 19.99; no, 20 percent always. And maybe they got legal uses -- I know code enforcement is legal there. But the main thing the CDBG (Community Development Block Grant) grant and the name say community development. It doesn't say code enforcement only thing there, you know. Remember that. And it's more important community development than all the other things because remember like I said before, it have send -- it has created many offices and sent here some officers to harass our people and eat their sustenance. No. We want substance. And you know, if they want me -- 'cause I can call (UNINTET,T IGIBT ,F) in HUD (Department of Housing and Urban Development). I know him personally like I know (UNINTELLIGIBLE) and everybody because I made a point of going to the social events to get to know, networking, okay. Maybe you (UNINTELLIGIBLE), but I know him. So I can write to him and do things about -- because it could be legal, but the main purpose of the monies of Community Development is for economic development, to create jobs in the neighborhood, to protect the small business that is suffering there. I know business there that they are reduced to a skeleton crew, the husband, the wife, and one son working because they have to lay off people because they don't (UNINTET,TIGIBT,F). Business that sell tow trucks, they don't have any more business because the banks don't finance. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: The banks -- all the money they get, the banks get plenty of money from the TARP (Troubled Asset Relief Program), that federal relief program, but they don't use the money. The money they use for bonus for the bosses. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: And then -- no, no. Remember that I am a lobbyist now. 'Cause that's what she told me. I am a lobbyist -- Chair Suarez: You got me there. Mr. Cruz: -- the nonprofit. Okay. Thankyou very much anyway. Chair Suarez: Thankyou. I stand corrected. PH (Public Hearing) -- I'm sorry. Is there a motion on PH. 2? Commissioner Carollo: Move it. City ofMiami Page 9 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: Moved by Commissioner Carollo -- Commissioner Spence -Jones: Second. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Just proced -- Chair Suarez: I'm sorry. You're right. I apologize. I need to close the public hearing. Any other members of the public like to speak on PH.1 [sic]? Seeing none and hearing none, the public hearing is closed; coming back to the Commission. It's been motioned by Commissioner Carollo, seconded by Commissioner Spence -Jones. Any discussion? Commissioner Gort: Yes. Chair Suarez: Commissioner Gort, you're recognized. Commissioner Gort: My understanding, there going to be some changes in the allocation from what we have here? Mr. Mensah: Yes, there will be. February 23, we will come back and make changes to the allocation that was -- that's already made in December 8, yes. Commissioner Gort: We already know what we -- how much we going to receive? Mr. Mensah: Yes. We know how much we're -- Commissioner Gort: We know what the cut -- Mr. Mensah: -- going to receive, yes. Commissioner Gort: -- we know what the cuts are going to be? Mr. Mensah: Yes. The cut will be 33.4 percent. Thirty -- three three point four percent. Commissioner Gort: Three three point four. Commissioner Spence -Jones: Thirty-three. Mr. Mensah: Thirty-three -- Commissioner Gort: Thirty-three -- Mr. Mensah: -- point four percent, yes. Commissioner Gort: And the agencies have been informed and everyone has been informed? Mr. Mensah: The agency was -- they were informed from December. When we received the notice from HUD, we informed them and also we are having a meeting with them February 22 to go over the reasons why we had the cut so everybody understand why their allocations are being cut. Commissioner Gort: Okay. Thank you. Commissioner Spence -Jones: And l just want to make -- City of Miami Page 10 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: Yes, of course. Commissioner Spence -Jones. Commissioner Spence -Jones: -- sure that the -- since -- Thank you, Mr. Chairman -- we don't really have an opportunity to talk often on these issues. I do want to mention that we are going to D.C. (District of Columbia) on the 29th to meet with the undersecretary, the congresswoman and a few other people regarding this issue so any documents that you can prepare for us on this issue would be greatly appreciated so I can at least go well informed. Mr. Mensah: Okay. What I'll probably do is I'm putting together graphs of the allocations that we've received over the years to compare to the demographics of the City over the years, and you will see that -- you know, one thing that I think I'm going to argue is that the formula -- basically, the formula that they use in calculating the CDBG funds is not in terms with the goal of the program. And so if you use a particular demographic data that unduly penalize the City and cuts them 33.4 percent even though the poverty rate has gone up, even though the population is almost at the same level. So we have more needs, but we're being cut just based on one particular formula which has no effect on that. So I'm going to prove that to you so it can be reshared to the -- with the secretary. Commissioner Spence -Jones: Thank you. Chair Suarez: Thank you. Sorry about that. Mr. Mayor, yes. I think you wanted to chime in on this issue. Mayor Tomas Regalado: Yes. And thank you, Mr. Chairman and Commissioners. And everybody knows here that we've been going to Washington having to work another parallel way to see if we can have more funding or more flexibility for the funding. However, we were really surprised when HUD decided to change the formula at the last minute. And we are being told that we are going to be cut by almost 34 percent. And I'm glad, Commissioner, that you're going to Washington. We're waiting for a hearing before a House committee on CDBG that a group of congressmen, including the chairperson of the International Relations Committee, Ileana Ros, Debbie Wasserman, and Fredericka Wilson and Mario Diaz-Balart and David Rivera have requested. And they -- and the chair of that committee has said that they will organize the hearing. However, I'd like to point out that what HUD is doing is violating the federal rules. The federal rules mandate that they cannot be a change in allocation if there is no public hearings like we do every year in South Florida. If we don't do public hearing, HUD will not allocate money at all. And yet, the people in HUD -- and Commissioner, you're going to be talking to the undersecretary -- just decided to change the formula, not the rules, the formula and cut us in this way. We had a conference call in which Commissioner Gort participated several days with the undersecretary and the deputy assistant to the President and they seemed hell-bent on following their decision. So it is important that the people ofMiami understand that this is a issue not even of the Congress, but from HUD and we need to communicate. The irony is that the President of the United States is coming to Miami on February 33rd [sic] for a fundraiser, the same day that we'll be announcing the cut. So we're trying to reach out to the White House and to HUD to see if they can at least hold on on these cuts until there is a public process as they mandate. So thank you. Chair Suarez: Thank you, Mr. Mayor. Coming back to the board, is there a motion? Ms. Thompson: You have a motion and a second. Commissioner Gort: There's a -- Chair Suarez: Sorry. Commissioner Gort: -- motion and a second. After the vote, I would like to ask for a resolution. City ofMiami Page 11 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: Yes. Commissioner Gort: Okay. Chair Suarez: It has been moved and seconded. All in favor, signift by saying "aye. The Commission (Collectively): Aye. Chair Suarez: PH.2 passes unanimously. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 ORDINANCE Second Reading 11-01185 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION", MORE PARTICULARLY BY AMENDING SECTION 54-58, ENTITLED " REPAIR/RIGHT-OF-WAY DEDICATION REQUIRED PRIOR TO ISSUANCE OF PERMITS," BY CLARIFYING THE THRESHOLD FOR THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO AFFIRM RELATIVE TO THE RIGHT-OF-WAY DEDICATION MADE PURSUANT TO THIS CODE SECTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01185 Summary Form SR.pdf 11-01185 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones 13308 Chair Suarez: SR.1. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. SR.1 is a revision of the City Code, Chapter 54, to allow Section 54-58 to be revised in order to clam language and as well as a threshold for a determination of the right-of-way dedication requirements. Currently, the City code requires that applicants for building permits or change of use be required to dedicate a portion of their property for public and street or highway purposes. However, the language is very high standard. It requires an absolute determination. We feel that the language of absoluteness is difficult to determine. It's not measurable. It's not (UNINTELLIGIBLE). It's not (UNINTET,TIGIBT,F). And we are proposing that the criteria be reduced so that it will be reasonably attainable for any determination of right-of-way dedication by changing the language from absolutely necessary to reasonably necessary, which will make it easier for us to work with. Chair Suarez: Thank you, Mr. Director. This is an ordinance requiring a public hearing. Any member from the public wishing to speak on SR.1 ? Hearing none and seeing none, the public hearing is closed, coming back to the Commission. Is there a motion? City of Miami Page 12 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 SR.2 11-01228 Honorable Mayor Tomas Regalado Commissioner Carollo: So move. Commissioner Spence -Jones: Second. Commissioner Gort: Second. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Spence -Jones. Any further discussion? All in favor, signifi, by saying -- Priscilla A. Thompson (City Clerk): No. Chair Suarez: I'm sorry. It's an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 /ARTICLE XI/ DIVISION 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL," MORE PARTICULARLY BY AMENDING SECTION 2-1141, ENTITLED "PURPOSE, POWERS AND DUTIES", TO MAINTAIN A SEPARATE, NON-PROFIT 501(C)(3) CORPORATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01228 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo 13309 Chair Suarez: SR. 2. Mayor Tomas Regalado: Good morning, Mr. Chairman, Commissioners. This is a second reading for an ordinance amending the Chapter 2 of the Code of the City ofMiami, entitled "Administration/Boards, Committee [sic], Commission [sic]/City of Miami Arts and Entertainment Council, by amending Section 2-1141, "Purpose, Powers and Duty [sic]," to maintain a separate nonprofit 501 (c)(3) corporation for -- specifically for the Miami Arts and Entertainment Council. This council, as you know, was zero out in budget three years ago before our Administration and they do not have a budget. However, they did receive a donation from (UNINTELLIGIBLE) for the arts in the City ofMiami. Two weeks ago, after the Commission requested information about the 501 (c)(3) and the members, what the board did was to request City ofMiami Page 13 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 that the Vizacayans -- the foundation of the Vizcayans will be the guardian of that donation until this process is finish. The Vizcayans have accepted by resolution to be the custodian of this and other donations that the members are seeking now until the whole process is done in terms of the 501 (c)(3). The council has to meet and suggest names, according to the Law Department, so we can forward it to you as requested in the last Commission meeting. Vizcayans are not charging anything to hold the money or to administer the money. They are doing it as a community affairs support to the City ofMiami. So we are -- or the council is in the process of looking for an accountant that can work pro bono in the board, and Law Department, I think is recommending -- I don't know Victoria is -- that several members be chosen separate from the board to do this. Commissioner Spence -Jones, you, last meeting, recommended that a foundation be handling this. The Vizcayans Foundation already accepted the donation. They will not be charging because they searched and other foundation will be charging 5 percent to administer. So the Vizcayans are doing this pro bono for the City ofMiami. So that's the resolution. Commissioner Spence -Jones: I just want to have on -- just -- Chair Suarez: Yes. Commissioner Spence -Jones: -- whatever way you guys want to do it, I think that it's great that, you know, finally they're looking at ways to, you know, at least raise revenue so they could really support art -based programs. The only reason why I suggested the Miami Foundation, it is a credible organization. It's been around like Vizcaya for a very long time. And the great thing, though, however, about the Miami Foundation is that your money grows. Mayor Regalado: Right. Commissioner Spence -Jones: In the -- unlike in the Vizcaya -- I'm not really sure whether or not your money grows, which is -- Mayor Regalado: No, although this is a very small amount of money. Commissioner Spence -Jones: But I'm just saying, if they're going to be raising a lot of money -- hopefully, they will raise -- I'm assuming they going to raise money -- Mayor Regalado: I hope that they raise a lot of money. Commissioner Spence -Jones: -- they got to -- their first attempt, they did pretty well. Mayor Regalado: Actually, they already are looking -- I think your appointee is looking to do arts in Midtown and the Design District in several structures. Commissioner Spence -Jones: Yeah. Mayor Regalado: And there is also Paint Me Miami, a contest for painters to paint only scenes of the City of Miami. Commissioner Spence -Jones: Okay. Mayor Regalado: That will be in March. And there is a prize of $1, 000 that will be coming out of that for the first prize and all that. So they already have like 40, 50 artists that are willing to participate in Paint Me Miami. Commissioner Spence -Jones: No problem. Chair Suarez: Thank you, Mr. Mayor. Any further -- City ofMiami Page 14 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Gort: My -- Chair Suarez: -- discussion? Yes, Commissioner. Commissioner Gort: My understanding, this is going to be in Vizcayan trust until we get our own -- Mayor Regalado: Right. Commissioner Gort: -- 501(c) (3). Mayor Regalado: Right. Commissioner Gort: Then we go -- Mayor Regalado: Right. Commissioner Gort: Okay, thank you. Chair Suarez: Thank you. Commissioner Gort: Move it. Chair Suarez: Any further discussion? Moved by -- Commissioner Spence -Jones: Second. Chair Suarez: -- Commissioner Gort, second by Commissioner Spence -Jones. This is a -- I think -- Do I have to open up a public hearing on this? SR. 2 requires a public hearing. Any member from the public wishing to discuss SR.2? Hearing none and seeing none, the public hearing is closed, coming back to this Commission. It is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. SR.3 ORDINANCE 11-01192 Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DavidSarnoff ENTITLED "BUILDINGS", MORE PARTICULARLY BY AMENDING ARTICLE 6, ENTITLED "UNSAFE STRUCTURES", IN ORDER TO ADDRESS THE SODDING OF LAND AFTER DEMOLITION OF EXISTING UNSAFE STRUCTURES WITHIN THE CITY OF MIAMI; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-01192 Legislation SR (Version 2).pdf City of Miami Page 15 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Noes: 1 - Commissioner(s) Spence -Jones Absent: 1 - Commissioner(s) Sarnoff 13310 Chair Suarez: SR. 3. Mariano Fernandez: Good morning. Mariano Fernandez, Building director. This is second reading for the ordinance of the City ofMiami mod4ing Chapter 10, Section 6, where we include language for all the demolitions done by owner or by the City ofMiami to include sodding after we finish the demolition. Chair Suarez: Thank you. This is an ordinance requiring a public hearing. Any member from the public wishing to speak on SR.3? Mariano Cruz: Yes. Okay. Chair Suarez: Mr. Cruz, you're recognized. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street. You know, I agree with this ordinance, but I see that also the first reading ordinance here, the FR.1 is about the same. The only thing they say -- the -- in order to level and one say level and the sodding. To put sod, grass, first you have to level the land. You're not going to put sod in a place that a hole there. Because I see in Allapattah there on 17th and 34, they have sod the place there. No, that been empty now for a long time. Andl am thanking the Department of Building too because they are taking care of some problems we got there that was a mistake probably in the computers that they had read that it was a triplex andl thought it was a duplex and they were charging somebody for a 40-year -- but that's good. Mariano, my namesake, took care of that. Thank you. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: And they -- Willy's office, sure, because they even talk personally with the Commissioner. Chair Suarez: Thank you, Mr. Cruz. Any other member of the public wishing to speak on SR.3? Hearing none and seeing none, the public hearing is closed, coming back to the Commission. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. I just want to address the issue that Mr. Cruz brought up. There is a clear difference -- what SR.3 stands to accomplish is existing buildings that are unsafe structures and are demolished. Then once they're demolished, we sod over it. FR.1, which I brought up, is a separate issue that is very similar because of the blightness and so forth, but FR.1, the difference is that -- is the excavation that we fill first and then we sod. So that's the difference. Chair Suarez: Okay. Is there a motion on --? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. City ofMiami Page 16 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Carollo: Second. Commissioner Spence -Jones: Discussion. Chair Suarez: It's been moved, seconded. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Yes. I just have a few just maintenance questions 'cause I just want to make sure thatl at least officially put it on the record. One of the -- in my briefings, one of the thoughts or concerns I had was I just want to make sure -- and I'm looking at staff to, you know, give us, you know, some sort of clarity on this -- is to really make sure that, you know, us taking on this -- you feel confident that we can take on this additional responsibility with this -- with these privately owned lots now. Mr. Fernandez: Okay, Commissioner. We're going to -- Commissioner Spence -Jones: I mean, we -- 'cause we all know that even what we have now, you know -- Mr. Fernandez: We cannot -- Commissioner Spence -Jones: -- us trying to maintain and do our own has been extremely difficult. So now we're adding an extra layer on staff -- just -- and we're also asking for you to cut back on funding on all levels to be able to operate and now we're taking on additional responsibility. So I just want to make sure that we 're clear that, you know, we're not biting off more than we can chew. Mr. Fernandez: Okay. This is not the responsibility of the City. The responsibility still lays with the owner of the property. If the owner cannot maintain the grass in a good condition, then the City will be forced again to go ahead and maintain the property and lien again the property as part of the effort of maintaining the lot. Commissioner Spence -Jones: Right, but I just -- you know, some of the stuff I just want us to operate from a common sense standpoint. Already I know that I have, you know, my fellow colleague down here, Commissioner Carollo, which is -- you know, has been on this -- not this particular issue, but issues like this for a minute since I've been on here. And I'm just really concerned, you know, on -- I don't mind supporting it. Don't have a problem with supporting it. I just don't want us to be talking about this six months or nine months later that when we start complaining that even the lots that we own or we have we're not handling, you know. And the individuals, if they're not taking care of their lots now or taking care of their responsibilities now, what makes us think that once their building is knocked down and, you know, we pay for the sodding, we get it done, that they're going to continue to maintain it? Because once you sod it, you still have to cut it, you still have to maintain it. So I'm just -- it just sounds like -- it sounds like a great, bright idea -- andl love great, bright ideas. I just -- it just sounds like this great, bright idea has money attached to it, so -- and resources. And l just want City employees --I really -- I know a lot of times when we sit up here, you -- a lot of times you want to make sure that the Commissioners are happy with whatever, you know, items we bring forth, but also would like for you guys to be honest because as soon as y'all don't get it right, all five of us up here will be coming down on the City Administration because you didn't handle -- something didn't get handled properly and that's because we put a bright idea on you. So I just -- we can't just be passing stuff up here and not understanding what the -- what is going to be the financial impact of this. Mr. Fernandez: Okay, Commissioner. I hear you loud and clear. This is in response to most of the Commissioners' district, a complaint where the owners are not maintaining and the City is City of Miami Page 17 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 demolishing houses for not maintaining the houses, that we leave the lots in a very poor condition. Commissioner Spence -Jones: Right. Mr. Fernandez: It's a war zone. So what we trying to do is between this one and the next first reading, trying to get legislation in the book so we can go ahead at the same time that we taking care of demolishing the unsafe structures and force the owners to maintain in a more visual condition the lots -- Commissioner Spence -Jones: But -- Mariano, I got you. But we can't get -- even with the buildings and stuff that they have right now, we ask for them to board it up, fence it up, all the stuff we ask for them to do and they own the property now and they're not doing it. So -- and that is a cost even for us right now we have to spend to go board up, you know. Mr. Fernandez: Very expensive cost. Commissioner Spence -Jones: A very expensive -- so then my question becomes -- I just want to be clear, you know. Now we're taking the responsibility to pay for it to get knocked down, correct? Mr. Fernandez: That's correct. Commissioner Spence -Jones: Now we're taking on the responsibility to put the sod down -- Mr. Fernandez: That's correct. Commissioner Spence -Jones: -- okay, and now we're taking on the responsibility to, you know, keep it maintained, keep it cut from these same deadbeat -- I'm just curious -- landowners or property owners that aren't doing anything for the buildings that are there now. Mr. Fernandez: Eventually we're going to need to do it. The responsibility is still the owner. If the owner doesn't do it, we will be forced to do, but it will be -- this is only different in the sense that we can put as part of the special assessment because we still have a lien pending for all the work that we need to do for the unsafe structure. So as part of the unsafe structure special lien, the City Attorney will put any maintenance that has been required to maintain the lot in a safe and good-looking condition with the grass. So in this -- Commissioner Spence -Jones: Andl do understand -- Commissioner Gort: Mariano, I think what she's asking is can we do it. Can we enforce it? Commissioner Spence -Jones: And can we afford it? Mr. Fernandez: Commissioners, anything -- Commissioner Gort: That's the question she -- Mr. Fernandez: -- that you order, we'll do and this is what we have to do. I mean, this is -- Commissioner Spence -Jones: Not only can we do it. I know we can do it. Mr. Fernandez: -- a request. Commissioner Spence -Jones: It's not the issue of us -- Can we afford it? That's the question. City of Miami Page 18 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Because no matter what, you still have to outlay cash to get it done. Mr. Fernandez: That's correct. This is part of the NSP (Neighborhood Stabilization Program) and the NSP, as long as it is associated or the CDBG (Community Development Block Grant) funds, we do demolition of the house, the funds can be used for maintaining the property until we get the lot and the special assessment collected. So for this specific program only, not citywide, not City properties, not all that, anything that is associated with the unsafe structure program with the CDBG and the NSP funds, yes, we can do it. Commissioner Spence -Jones: Okay. Chair Suarez: Commissioner Gort. Oh, sorry. Commissioner Spence -Jones: I just want to get my thoughts -- Chair Suarez: Yeah, yeah. Commissioner Spence -Jones: -- out, guys. I'm sorry. I just -- and again, you guys can vote and support it, but I want to make sure, if nothing else, the res -- my residents that are watching this, they fully understand now we're not going to go out there knocking all these buildings down. We got already vacant lots in our neighborhoods that, you know, we have property owners that have already abandoned them and those aren't being maintained. So now those that are there now with no property on them now that are -- nothing's on them period, okay, 'cause they've gotten knocked down, are we now going to go and sod those now or we only sodding the ones -- are we only sodding the ones that we now knocking new buildings down? Mr. Fernandez: No. We're going to sod only those properties -- under this second reading, only those that are associated with the program of the unsafe structures. So if we demolish the house, we're going to level, clean the lot and sod it and maintain it until the special assessment is collected by the City Attorney's office. Commissioner Spence -Jones: Okay, then this takes me to my City Attorney then. Are we prepared -- do we have somebody on staff now that's paid to take care of all these special assessments? And if -- whoever that person is, I would like to know who it is because, quite frankly, we all sitting up here know that the City Attorney's office is overloaded with a million and one other things. Now we're knocking buildings down, doing special assessment. Who's in the office that's going to be handling special assessments? Victoria Mendez (Assistant City Attorney): We're prepared to handle it. And if for some reason we feel that they're coming in and we -- we're collecting more money and doing a lot of actions, then we'll proceed at that time to ask the City Commission for additional resources. But for right now, we're capable of handling this and we're ready to start. Commissioner Spence -Jones: Right. Well, in my briefing with the City Attorney yesterday, she was very clear to me that there's nobody in the office to handle that and that she would have to bring on an additional person -- hire a person to handle that. Ms. Mendez: Then -- Commissioner Spence -Jones: So -- now I'm just telling you guys. See, you know, at the end of the day, then it comes off the back of the citizen. So now we don't have anybody to handle it. We're putting in a new action, nobody in the office to handle it. Now we got to hire a City Attorney that's going to focus strictly on this 'cause we don't have anyone to do it. So now we got that cost of somebody monitoring to make sure -- we got lots that are already knocked down, buildings that are already knocked down right now that there's no way to even make them look City of Miami Page 19 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 halfway decent. Ms. Mendez: I -- Commissioner Spence -Jones: I mean, I just -- I mean -- Ms. Mendez: And one thing -- Commissioner Spence -Jones: -- we just got to start -- I just think that -- and this is no reflection on you, Mariano -- Mr. Fernandez: No, no. I understand, Commissioner. Commissioner Spence -Jones: -- and no reflections on you, staff. I just feel like sometimes we just have to -- on our end, we just have to stand up and say, you know, when we feel like there's something that needs to be really vetted out, I don't want this to come back on you. And I'm telling you, I'm telling you, I'm telling you 'cause then you're going to have people playing the hot potato from the City Attorney office, hey, it's not my responsibility; hey, it's their responsibility. And then all of a sudden -- because I understand. Where is Julie going to get the money to pay for the additional person to do nothing but this? Chair Suarez: Commissioner Gort. Commissioner Gort: Let me ask a question. How many attorneys do we have? Ms. Mendez: Right now we have 21 attorneys, including the City Attorney, which would be 22. Commissioner Gort: Okay. Now my understanding, the frustration here is the departments not functioning, taking their time, not talking to each other and this is something that all of us are experiencing. Somehow -- and I've talked to the Manager andl discussed it with the Manager many times -- the team has got to talk to each other. They got to work as a team. Now my understanding is most of these lot, they have been lost or they're not taking care of they're owned by banks. And banks are not responding because I've been dealing with this for two years now. Now somehow we got to let the board of director of the banks or the CEO (Chief Executive Officer) of the bank that we going to start financing -- and my understanding is it's going to be a 12 percent charge. According to what I read here, it's going to be 12 percent. And let them know that it's going to be a 12 percent charge. The banks are ignoring our department. I don't know what our Law Department is doing, but somehow those lien can be solve and we've been talking for this for two years now. We can sell these. Chair Suarez: Thank you, Commissioner. Yeah, I've been harping on this subject for a couple of years now. We have -- the last information that I was given, we have about a million five -- 1.5 million outstanding special assessment liens that we have not collected. So, you know, there's several things that go into play here. First of all, I have no problem if any of you want me to audit the City Attorney office and see if they're operating efficiently and whether we can -- whether they need to hire another person or whether they can do it with the people that they already have. Because you could assign one person, one lawyer, and that one lawyer, like you said, you know, can handle all the special assessment litigation. By the way, you can charge in the special assessment litigation for the legal fees. In other words, you can recover your cost, whatever the attorney's time is. Let's say he takes two hours and his hourly rate is whatever it is, you can recover that cost through the process. So in practice -- in reality, it should not cost the City ofMiami one penny. Even if we had to hire somebody, it shouldn't cost the City a penny because we could charge that in the special liens. The problem is we're not doing anything and we haven't done anything, you know, in the two years that I've been here, very little. And it's frustrating because, you know, it's hard for this Commission to take on things like this, which are City ofMiami Page 20 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 good things but we know cost money if we don't see that money coming back to the City of Miami. So I had asked -- yeah, I had asked the City Attorney's office to prepare a plan a couple of meetings ago or the last meeting as to how they were going to -- you know, what was enforceable of those special assessment liens and what was their plan for collecting those liens. So as soon as I hear from that, you know, I'll bring it back to the Commission and we'll get an answer hopefully. Commissioner Spence -Jones. Commissioner Spence -Jones: I just want to just add, you know, my --I understand what we're trying to do, so it's not even an issue about us trying to do it. My concern is when we start relying on government money, like NSP money, to cover the cost of knocking the building down or covering the cost of sodding it or maintaining it -- we just sat up here almost an hour ago and talked about how government funding from the feds is being cut left and right with these programs, 33 percent as a matter of fact. Now we're saying that we're going to base a major decision or a decision like this on us having support or funding from the federal government. That's the only way we're going to be able to do it 'cause we don't have money to do it, correct? Mr. Fernandez: That's correct. Commissioner Spence -Jones: So I'm just saying, you know, I just think that we got to start thinking beyond what we see. Like we know we have money, yes, through NSP now, but what happens if NSP money gets cut? What happens? Chair Suarez: Commissioner -- Commissioner Spence -Jones: If somebody can answer that question for me -- if you're telling me the only way we're going to be able to sod -- knock it down, sod it and upkeep it is at this point utilizing the federal dollars we have through NSP, which we know eventually -- and I'm saying, in the next two years it's supposed to go away -- how do we expect to maintain a program like this? Mr. Fernandez: May I? Chair Suarez: Yes, please, of course. Mr. Fernandez: Commissioner, in the midyear budget, the Building Department and the Administration is going to propose to City Commission for approval a special allocation funds. Due to the increase in the volume of construction that we suffering this year, we think that we can allocate $100, 000 per Commissioner's district to maintain this program and any unsafe structure that we need to demolish that is not covered under the federal program. As you know, some of the houses and some of the worst ones are outside of the NSP program. Commissioner Spence -Jones: And Mariano, I'm going to just stop talking about it, but I just want to say this. And I'm glad that you want to, you know, identin, monies to -- from each one of our districts, $100, 000, it's $500, 000; love it. I just don't want it to be on the back of you telling me, you know, that yes, we're going to do this, but we're going to fire 20 City employees because we don't have the money to make sure the City employees are taken care of. I got a problem with that. Mr. Fernandez: I understand. Commissioner Spence -Jones: So to me it's always people over issues, always people over issues. So ifI got to lose people working and having their jobs -- I'm just telling you. So at this point, I'm done with it. I'm sorry, Mr. Chairman, but -- Chair Suarez: No, no, no. City of Miami Page 21 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Spence -Jones: -- felt it was my responsibility and my duty to at least make sure I brought this up as an issue. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Various topics thatl want to mention and comment about. I think Commissioner Spence -Jones brings some valid points. And what I'm seeing is that although maybe right now we're looking at NSP dollars -- Commissioner Spence -Jones: The NSP is not going to be here in the next two years. Commissioner Carollo: -- although right now we're looking at NSP dollars and federal funding, I don't foresee that we are always going to need federal funding and I'll tell you why. I think a lot of this is a cause of the housing bubble burst and that's why we're seeing a lot of this. So right now there's a lot more of these unsafe structures, of these excavation holes. But I foresee that once the problem is solved, I don't foresee this continuance of more excavation holes, the continuance of so many unsafe structures. So I think now it's an issue we have to address or we're just not going to do anything -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- and we just can't just sit here and not do anything. And that doesn't mean that just to say that we're doing something, we just do something to say, hey, well, we tried something. No, no, no. I think this has been well thought out. I could tell you separate from this one and RF.I [sic], it's something that I've been working on, I could say, years, going back to City Manager Carlos Migoya. And the truth of the matter is, yes -- and I understand clearly your concerns. But at the same time, I don't think it's going to be something that we're going to have to be constantly, year after year, dependent on federal fundings [sic] for this because I foresee that this issue is going to diminish year after year. Commissioner Spence -Jones: Right. Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I'm sorry. Chair Suarez: Commissioner Spence -Jones. Commissioner Spence -Jones: Andl wasn't going to add anything, but let me just say, on your FR.1 item, I understand why you are proposing it. If there's a big hole, you know, in an area, I mean, that's a public -- that's truly a public safety -- Commissioner Carollo: Yeah. That's the -- Commissioner Spence -Jones: -- related issue. So I don't have the same type of concerns that I have with handling an issue or a problem that can really be more detrimental to the City from that perspective. Now the problem becomes trying to do both. That's the problem. The problem now is now we're getting rid of buildings and knocking them down and creating additional responsibilities, you know, for City employees. And quite frankly, we just don't have the resources. And yes, we say we're not going to depend on the federal funding and that we should -- you know, eventually it'll transition and we'll be able to take care of it. To me, that's -- how do we know that? And to me -- and it's just my own opinion. I would rather this have come to say let's try this pilot program -- this is a pilot program that we'll try for the next two years that we know we have the federal funding. Let's see how this works. And if it works, then we could City of Miami Page 22 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 expand it to become, you know, a program -- I mean, a part of the department. But I don't see us taking on this responsibility and now you got people knocking buildings all over and we can 't even maintain it, you know what I mean? That's -- we just got to think about these things before we make these huge decisions. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner Carollo. Commissioner Carollo: Just a couple more things. First of all, yes, you're right. None of us have a crystal ball, but you know, we do educated guesstimates, you know. And for the most part, it's a risk that you take, but with a lot of thought behind it, with, you know, a methodology, a way of thinking. As far as amending anything or even making a pilot program, I at least right now would feel a little uncomfortable and I'll tell you why, because the Commissioner that has sponsored this is not here presently. Commissioner Spence -Jones: Yeah, that's true. Commissioner Carollo: So I would prefer, in fairness to him, in fairness to our colleague -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- that he will be here present instead, you know, of you know, making amendment or -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- anything like that. So I really feel uncomfortable trying to make any amendments to this ordinance without him being present. Commissioner Spence -Jones: And Mr. Chairman, let me just add. Andl totally -- I wasn't even thinking that it was anybody's item. I'm going to be honest with you. I wasn't even reading that it was any -- I was just looking at the bottom line, and that is, is it going to have -- Commissioner Carollo: Of course. Commissioner Spence -Jones: -- a fiscal impact. I agree. I don't think we should take up the item, period, without him being here because he may have some additional things to add that we Commissioner Carollo: Yes. Commissioner Spence -Jones: -- quite frankly, are not thinking about right now. So I would ask, Mr. Chairman, if we do -- if we can defer it until he comes back -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- so -- Chair Suarez: I think we have to. Commissioner Spence -Jones: -- and then -- and if we can get those questions answered that we just talked about now with the Administration -- Chair Suarez: Right. City of Miami Page 23 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Spence -Jones: -- I think then at least we have more details on it then. Chair Suarez: That's fine. Commissioner Gort: Can I ask a question? Commissioner Spence -Jones: Yeah. Chair Suarez: Sure. Commissioner Gort: My understanding, this is first reading? Mr. Fernandez: Yeah. Commissioner Spence -Jones: Is it? Chair Suarez: Yes. Commissioner Carollo: Second reading. Chair Suarez: No, second reading. Commissioner Gort: First reading. Commissioner Spence -Jones: Second reading. Commissioner Carollo: Second reading. Commissioner Spence -Jones: This is it. That's the only reason why I didn't talk about it the first time. Mr. Fernandez: The FR.1 is -- Commissioner Gort: First reading is the next one. Mr. Fernandez: -- for the big sites. Commissioner Gort: There's another first reading. Chair Suarez: Right. Commissioner Gort: Okay. Chair Suarez: Okay. There's -- it's been moved and second. Does the mover revoke their motion? Priscilla A. Thompson (City Clerk): That was -- Commissioner Gort -- Chair Suarez: Commissioner Gort. Ms. Thompson: -- was the mover. Chair Suarez: I'm sorry? You want to go forward with it? City of Miami Page 24 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Gort: Yes. Chair Suarez: Okay. You don't want it to -- Commissioner Gort: Listen -- Chair Suarez: -- be deferred? Commissioner Gort: -- we've been working for this for two years. The biggest problem that I have in my district is the abandoned houses that been there. They being used by criminal. I get calls every day. We've been working on this for two years now. Commissioner Spence -Jones: I understand. Commissioner Gort: Come on, it's -- Commissioner Spence -Jones: Right. And let me -- and haven't been here for two years, so I haven't been working on it for two years so -- Commissioner Gort: I understand. Commissioner Spence -Jones: -- right. Commissioner Gort: And you got all the rights to all the questions -- Commissioner Spence -Jones: Right. Commissioner Gort: -- but I want you to know this is a major problem that we have in a lot of our districts. Commissioner Spence -Jones: I got you. And I'm sure I have them in mine. I just want to make sure that all the questions are answered. But that's fine. We -- you guys can go and take the vote on it. I register no on it 'cause I need more details and that's really it. Chair Suarez: Okay, so it's been moved and seconded. It's an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Thompson: Roll call. Commissioner Carollo? Commissioner Carollo: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: No, but I would like to also put on the record, Mr. Chairman, that all of the -- Chair Suarez: Yes. Commissioner Spence -Jones: -- questions that I had, I'd like for them to come back at the next City Commission meeting with answers on how we're going to resolve the problem if it arises. Ms. Thompson: Continuing with your roll call. Commissioner Gort? City of Miami Page 25 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 FR.1 12-00134 District 3- Commissioner Frank Carollo Commissioner Gort: Yes. Ms. Thompson: Chair Suarez? Chair Suarez: Yes. Ms. Thompson: The motion has been -- I'm sorry. The ordinance has been adopted on second reading, 3-1. END OF ORDINANCES - SECOND READING ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY AMENDING ARTICLE 6, ENTITLED "UNSAFE STRUCTURES", IN ORDER TO ADDRESS THE FILLING TO LEVEL GRADE OF EXISTING EXCAVATED SITES OR EXCAVATED CONSTRUCTION SITES WITHIN THE CITY OF MIAMI; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 12-00134 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: FR.1. Commissioner Carollo: Thank you, Mr. Chairman. This is an ordinance that I am sponsoring. An ordinance of the Miami City Commission amending Chapter 10 of the Code of the City of Miami, Florida, as amended, entitled "Buildings, " more particularly by amending Article 6, entitled "Unsafe Structures," in order to address the filling to level grade of existing excavated sites or excavated construction sites within the City ofMiami; providing a severability clause and an effective date. What this ordinance does is when an excavation site has been left derelict for 90 days, the City's Building official can make a determination that the construction site is in violation of the Florida Building Code and the Miami -Dade Code. A violation notice can be sent to the property owner. If the property owner refuses to fix the violations, the Building official can return the property to uniform grade and level and also sod the hydro seed -- the -- hydro seed the exposed dirt. The cost of the clean fill, grading, sodding can be placed on the property as a special assessment lien. And ultimately, the City could foreclose on the property to collect what it is owed. Chair Suarez: Thank you. This is an ordinance requiring a public hearing. Any member of the public wishing to speak on FR.1? Mariano Cruz: Sure. Chair Suarez: Mr. Cruz, you're recognized. Commissioner Carollo: And -- City ofMiami Page 26 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Mr. Cruz: Mariano Cruz, 1227 26 Street. Chair Suarez: I'm sorry. Excuse -- Mr. Cruz: I am -- Chair Suarez: -- me a second. Wait, excuse me a second. Mr. Cruz: -- in favor. Chair Suarez: Excuse me. Okay, good. Commissioner Carollo: I'm sorry -- Chair Suarez: Sure. Commissioner Carollo: -- Mr. Chairman. As I did earlier saying that a picture, you know, states a thousand words -- Chair Suarez: Yeah. Commissioner Carollo: -- can we real quick -- Chair Suarez: You mind -- Commissioner Carollo: -- put a couple of pictures up? Chair Suarez: -- if we just go ahead with the pictures? Mr. Cruz: (UNINTET,TIGIBT,F). Chair Suarez: Thank you. Commissioner Carollo: Even though I have to admit, I think El Nuevo Herald did a great job. And in the front page of El Nuevo Herald today, it's a great picture of what I'm trying to accomplish. Okay, I think many of you have driven by this site. Commissioner Spence -Jones: We can't see it. Chair Suarez: Can we put it on the screen? Okay, thank you. Commissioner Carollo: I think many of you have driven by this site. It's on 22ndAvenue. You clearly see the excavation that is going on and that is just -- it's discouraging, you know, to -- for investments in the neighborhoods around them. There are bright -- a blight to nearby properties. They flood and we all know that standing water creates, you know, mosquitoes, and worst of all, it's an incredible danger. I mean, I'm surprised that a child hasn't attempted to explore, you know, the hills and the ponds and the rusting rebar out of all these spots. This -- and you could see it creates, you know, trash in surrounding areas. Look at this. This is -- realistically, this is a swamp. And by the way, this was one of the first sites that former City Manager Carlos Migoya andl worked on because, believe it or not, this site was not even fenced. So it's a great danger to our residents and it's a quality of life issue. And more importantly, literally, this legislation literally could save a human life. Chair Suarez: Thank you, Commissioner. City of Miami Page 27 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Gort: Great job. Chair Suarez: Mr. Cruz. Mr. Cruz: Yeah. Mariano Cruz, 1227 and 26 Street. I am in favor of this ordinance, especially on the thing of the lien. If they don't fix it, put a lien in the property because I remember next to my home there was an empty lot there from a rooming house for years and years and it was -- the problem was the grass. They didn't take care of the lot. The City came, cut the grass and every time they cut the grass, put a lien in the property. Finally, the City took over the lot and you could see now next to me is a duplex, nice duplex being built there -- was built there, is now paying taxes to the City, which is good and it's not an eyesore in the neighborhood, which is good. So that -- especially that lot there on 22nd Avenue, I go there. I've been there for years and years and years. It should be taken care. Now people -- there's more, 8th and 1 Southwest, different places, especially in your district. People that bought the land to build condos and then the market went down and they left the money there, whatever. No, not the money; the banks holding the money. The OPM, other people money. Thank you. [Later...] Commissioner Spence -Jones: Mr. Chairman, were you finished? Chair Suarez: Yes. Well, first, let me recognize Commissioner Gort and then Commissioner Spence -Jones. Commissioner Gort. Commissioner Gort: Once again, this is a lot that we've seen I don't know how many years. Do we know who owns the lot? Victoria Mendez (Assistant City Attorney): Yes. Commissioner Gort: Who owns it? Ms. Mendez: I don't have it right here, but I could find out for you in two minutes. Commissioner Gort: Is it a bank? Ms. Mendez: No. This one's a -- I believe -- are you talking about the 22nd and 5th Street? Commissioner Gort: The 22nd, yes. Ms. Mendez: I think 22nd and 5th Street is owned by a company. Commissioner Gort: By a company. How much of a lien does it have up to today? Do we know? Ms. Mendez: We can look it up for you. Commissioner Gort: I'm sure it's into the hundreds of thousands of dollars. Okay. Chair Suarez: Thank you. Commissioner Spence -Jones. Commissioner Spence -Jones: First of all, I wanted to commend Commissioner Carollo. To me, this is presenting an item that we could all understand why we're doing it. This is definitely a public safety issue. You know, having a huge big hole in the middle of anybody's neighborhood, a kid can fall in and hurt themselves. This is -- to me, this is us making a smart, wise decision City of Miami Page 28 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 about not creating a liability down the line. So as I stated from day one when we started talking about both items, I totally agree with FR.1. This is something that we must do now and we can't wait on. So with that, I -- Chair Suarez: Conclude. Commissioner Spence -Jones: This is an ordinance, right? Chair Suarez: Yeah. Commissioner Spence -Jones: I support it. Chair Suarez: Okay. Johnny Martinez (City Manager): May I say something? Chair Suarez: Yes, of course, Mr. Manager, please. Mr. Martinez: In addition to everything that was said, the -- in some cases, this being left unattended will compromise the integrity of the roadway and the sidewalk 'cause it keeps undermining and eventually you'll lose the sidewalk and the roadway eventually. Chair Suarez: Well, I join in Commissioner Spence -Jones' commendation of the Commissioner's legislative item. I think this is a -- Commissioner Spence -Jones: Yeah. I mean, but it's obvious that he -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- you well thought -- I mean, you thought it out. Chair Suarez: Yep. Okay. Commissioner Carollo: And Commissioners, also there's going to be a second part because I'm working with the Administration and see if it's possible to use some of the fill from the excavation of the tunnel so we -- and make sure that all the environmental procedures are done and so forth, but the bottom line is, I'm going the step further of where we're going to obtain the fill. That is if the property owners don't do the correct thing. So that's -- that'll be the second step that I'm working on. So like I said, it's been well thought out and I've been working on this for a while. Unfortunately, you know, there's been issues this last year that we had to tackle, some unexpectedly. But the bottom line is, I'm back to focusing on the quality of life. I mean, these eyesores are very discouraging for the investments in our neighborhoods, not to mention, as everyone clearly has stated, the safety factor, you know. This could literally save a life. Chair Suarez: Commissioner Gort. Commissioner Gort: Let me tell you, the reason why I was so strong on the previous ordinance, I think we saw last night -- we all saw on TV (Television) an abandoned home by squatters where they found ten grenades, two people. And the amount of complaints that we get from people utilizing abandoned homes to do their drug trafficking, the fires and all that, and that's the reason why I'm so much for it. I can show you the amount of calls that I get from people complaining constantly -- Commissioner Spence -Jones: Yeah. City of Miami Page 29 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Gort: -- of those abandoned homes, all the activity that's taken place in those home and that ruins the whole neighborhood and can create a liability -- Commissioner Spence -Jones: Right. Commissioner Gort: -- for the people that live there. Commissioner Spence -Jones: And Commissioner Gort, I just -- and I'm going to shut up about this. But I understand the reason why you guys feel passionate about it. I mean, when we looked at the board, the majority of the abandoned structures you saw were in my district. Commissioner Gort: Right. Commissioner Spence -Jones: I had more than anybody else. Commissioner Gort: Yes. Commissioner Spence -Jones: So I don't -- I get it. I just want to make sure, you know -- we already know what the deficit is. Commissioner Gort: Well, here's where we make sure -- Commissioner Spence -Jones: No, but -- Commissioner Gort: -- by making the Administration responsible for it. Commissioner Spence -Jones: Right, but -- Commissioner Gort: And we got to push and that's it. Chair Suarez: Thank you. Okay. I'm closing the public hearing on -- Commissioner Spence -Jones: Did you hear that Administration? Chair Suarez: -- FR.1. It is an ordinance. Commissioner Carollo: Mr. -- Chair Suarez: Yes. Commissioner Carollo: I want to make sure, do we have a motion? I don't think we have a motion. Chair Suarez: Oh, I'm sorry. Commissioner Carollo: I make a -- Commissioner Gort: Move it. Commissioner Carollo: -- motion to move. Commissioner Spence -Jones: Second. Chair Suarez: I'm going to give the motion to Commissioner Carollo, who sponsored the legislation, and I'll have Commissioner Spence -Jones on the second. City of Miami Page 30 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 FR.2 12-00094 Department of Building Commissioner Spence -Jones: Gladly second it. Chair Suarez: It is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Suarez: Thank you, Madam Clerk. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL", MORE PARTICULARLY BY AMENDING SECTIONS 10-4 AND 10-5, IN ORDER TO CHANGE THE SCHEDULE OF FEES, AND WAIVED FEES RELATED TO THE PROCESSING AND ISSUANCE OF BUILDING PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00094 Summary Form 02/23/12.pdf 12-00094 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo Absent: 2 - Commissioner(s) Gort and Sarnoff Chair Suarez: Before -- Commissioner Carollo just stepped off. So what I'm thinking of doing is doingFR.2, opening up the public hearing, maybe closing up the public hearing, you know. Commissioner Spence -Jones: You got to have three. Chair Suarez: We don't -- I know we have three to vote, but we can just open up. Let them make their presentation, open up the hearing. Sir -- Commissioner Spence -Jones: Okay. Chair Suarez: -- you're recognized. Mariano Fernandez: Good afternoon. Mariano Fernandez, Building director. This is a modification and cleaning up of Chapter 10 of the City code, modifying the way we charging the fees for residential construction. Originally in the old code, we were doing it as a per line item. We're going to go with percentage item, and we're introducing the ENR (Engineering News Record) indexing, Engineering News Record, building construction index as a modifier to the way we're charging the permit fees so the permit fees will be frozen in time. Chair Suarez: Is that it? City of Miami Page 31 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Mr. Fernandez: With a new index, every January automatically, the Building Department will modify the way the computer system -- the iBuildMiami will calculate the building permit, evaluating how the construction costs goes up. In that way, the residents will never pay for a building permit more than this year. Commissioner Spence -Jones: I think we -- Mr. Chairman, this item came up I believe the last -- Chair Suarez: Sure did. Commissioner Spence -Jones: -- City Commission meeting andl thought -- stated then, I thought that Francisco did a great job trying to figure out ways that we can help underwrite the cost of his Department. I think this is definitely an item that we're probably going to talk a lot more about so -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- I don't know if there's more presentation than what he's -- Chair Suarez: No. What I was going to just do is open up the public hearing on this item to see if anyone's -- since it's an ordinance -- anyone from the public like -- would like to discuss FR.2. Seeing none, hearing none, the public hearing is closed, so at least we're able to get that much accomplished, and that's it. We'll table it until we have a quorum. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Mr. Fernandez: Thank you, Mr. Chairman. Chair Suarez: By the way -- actually, let me say something on it because we worked very closely with your office on getting this thing ready andl have to commend you because initially I was not supportive of it and you kept working and you kept, you know, not arguing but you kept arguing your point andl think we came to a workable solution where my feel was that this would be a perpetual rate increase as construction costs went up. And you know, thankfully, that's not the case so. Mr. Fernandez: Mr. Chairman, I told you before, we accept the challenge of your office and we don't mind to work hard until we get you where you wanted to go, andl think the residents will appreciate your tremendous effort in freezing the permits in the future. Chair Suarez: Thank you. We're going to table this 'cause the Commissioner wasn't here, so we'll bring it back. [Later..] Chair Suarez: FR.2. Let's get FR.2 back up so we can -- FR.2. That's Mariano, yeah. Mr. Fernandez: Mr. Chairman. Chair Suarez: And then we'll open up the PZ (Planning & Zoning) and get some people out. Go ahead. Mr. Fernandez: Okay. FR.2, this is the modifications of the Chapter 10 and clarifications of the residential way we charge for the building permit fees. City of Miami Page 32 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: Okay. Commissioner Spence -Jones andl already opined on this. Do you have any questions on this item, FR (First Reading) -- it's first reading. Mr. Fernandez: FR.2. Chair Suarez: FR.2. Commissioner Carollo: That is with the increase of fees or the fee -- Chair Suarez: It's not an increase. Mr. Fernandez: No increase in fees. Chair Suarez: Yeah. Mr. Fernandez: Reduction in fees and freezing the fees with a new formula that we built into the equation. I will be more than happy to sit down with you between first and second reading and explain to you. Commissioner Carollo: You know I'm going to vote no on first reading and we'll see what happens second reading. We'll have to sit down and really discuss it. Mr. Fernandez: I will welcome the challenge. Chair Suarez: Is there a motion? Commissioner Carollo: Yes. I make a motion. Commissioner Spence -Jones: Second. Chair Suarez: It's been moved by Commissioner Carollo, second by Commissioner Spence -Jones. Any further discussion? It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Carollo? Commissioner Carollo: No. Ms. Thompson: And then Chair Suarez? Chair Suarez: Yes, on first -- Ms. Thompson: The ordinance has been passed on -- Commissioner Spence -Jones: Mr. Chairman. I got to ask this question. I'm lost. Chair Suarez: Yes. What are you lost about? Commissioner Spence -Jones: Why are you voting no on the issue now? City of Miami Page 33 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: I voted yes. Commissioner Spence -Jones: No, no. Chair Suarez: Okay. Commissioner Spence -Jones: I just want to be clear why you -- you're voting no on it now to have it come back again --? Commissioner Carollo: It has to come back again. Commissioner Spence -Jones: Right. So you're just saying no because? Commissioner Carollo: No because I wanted to discuss -- Mr. Fernandez: discuss it. Commissioner Carollo: -- it and we'll see what happens in second reading, but right now -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- I'm voting no. Commissioner Spence -Jones: Okay, that's okay. That's fine. Is there -- can you let us know what the issues are 'cause we don't know what the issues are until you bring -- are there any particular issues that --? Because I'd like to know if there are issues, there might be things that I'm not thinking about that would like to hear before we bring it back so that can drill down as well. 'Cause if not, then we have no idea if -- what the issues are. Could you -- is there one or two, three -- two things that you have in mind that -- like stand out to you on this issue or not necessarily? Commissioner Carollo: Yes. But at the same time, I'd like to, you know, discuss it with Mr. Fernandez -- Commissioner Spence -Jones: Oh, okay. Commissioner Carollo: -- prior to -- Commissioner Spence -Jones: But there's nothing that you would want to share right now? Commissioner Carollo: No. I -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- will wait till second reading. Commissioner Spence -Jones: No problem. Chair Suarez: Okay. We voted on it, so let's move on. Commissioner Spence -Jones: Okay. Mr. Fernandez: Thank you. END OF ORDINANCES - FIRST READING City of Miami Page 34 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 RESOLUTIONS RE.1 RESOLUTION 12-00012 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI ("CITY"), THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND THE FRIENDS OF MIAMI MARINE STADIUM, INC., A 501(C) 3 NON-PROFIT CORPORATION, ESTABLISHING THE CITY'S PARTICIPATION IN A PUBLIC -PRIVATE PARTNERSHIP IN ORDER TO PLAN AND APPLY FOR GRANTS AND FUNDING FOR THE RESTORATION OF THE STADIUM, AND DEVELOP AN OPERATING PLAN FOR THE OVERALL DEVELOPMENT AND PUBLIC USE OF THE MIAMI MARINE STADIUM TO BE REDEVELOPED ON VIRGINIA KEY, MIAMI, FLORIDA; FURTHER TO PROVIDE FOR COMPLIANCE WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND ALL OTHER APPLICABLE DEED RESTRICTIONS AND GOVERNMENTAL FUNDING PROGRAMS. 12-00012 Backup 02/23/12.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.1 was deferred to the Commission Meeting scheduled for February 23, 2012. RE.2 RESOLUTION 11-01221 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ACCEPTING FUNDS, IN THE AMOUNT OF $750,000, CONSISTING OFAGRANTAWARD FROM THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR THE GARDEN STORM SEWERS PROJECT, PROJECT NO. LPDM - 2009-06; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $250,986.50, FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 40-B-30183, FORATOTAL AMOUNT NOT TO EXCEED $1,000,986.50; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FEDERALLY FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE. 11-01221 Summary Form.pdf 11-01221 Award Email - Garden Storm Sewers.pdf 11-01221 Legislation.pdf 11-01221 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 35 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff R-12-0051 Chair Suarez: Let's see, RE. 2. Hey, we could really end this meeting real quick. Commissioner Spence -Jones: Yeah, I know. Chair Suarez: Get it together. Commissioner Spence -Jones: I know. Loving it. Chair Suarez: Yeah. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.2 is listed as a fire item, and they'll be joining me shortly. But it's basically accepting a grant from FEMA (Federal Emergency Management Agency) in order to fund a flood mitigation project within the City. It's accepting a grant of 750, 000, which requires a match from our side of approximately $250, 000. Chair Suarez: Thank you, Mr. Sosa. Is there a motion? Commissioner Carollo: So moved. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Spence -Jones. Any further discussion? Hearing none, all in favor, signify by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: RE.2 passes unanimously. RE.3 RESOLUTION 12-00016 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND M & J CONSTRUCTION COMPANY OF PINELLAS COUNTY, INC., A FLORIDA FOR PROFIT CORPORATION, FOR USE OF APPROXIMATELY 7,436 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 1 SOUTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, AS CONSTRUCTION STAGING AND STORAGE OF LIGHT CONSTRUCTION EQUIPMENT AND MATERIALS IN CONNECTION WITH THE FLAGLER STREET BRIDGE PROJECT, ON A MONTH -TO -MONTH BASIS; AND PROVIDING FOR PAYMENT OF A MONTHLY USE FEE OF $2,479, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, AS ADJUSTED BY TEN PERCENT (10%) EVERY RENEWAL TERM; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. City of Miami Page 36 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 12-00016 Summary Form.pdf 12-00016 Legislation.pdf 12-00016 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff R-12-0052 Chair Suarez: RE.3. Daniel Newhoff (Assistant Director): Good afternoon, Commissioners. Dan Newhoff, Department of Public Facilities. RE.3 is a resolution of the Commission authorizing the Manager to execute a revocable license agreement between the City andM & J Construction Company for use of approximately 7,436 square feet of City -owned property, located at I Southwest South River Drive, as construction staging and storage of light construction equipment and materials in connection with the Flagler Street Bridge project, on a month -to -month basis, providing for a payment of a monthly fee of $2, 479, plus tax, as adjusted. If this agreement extends past one year, there will be a 10 percent price increase and it will be on a month -to -month basis after the first year. Chair Suarez: Thank you, sir. Coming back to this Commission, is there a motion? Commission Carollo: So move. Chair Suarez: Moved by Commissioner Carollo. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Any discussion? All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. Mr. Newhoff. Thank you. Chair Suarez: Item passes unanimously, RE.3. RE.4 RESOLUTION 11-01168 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING Commissioner Frank ACCOMMODATIONS (CHANGING STATIONS) TO BE INSTALLED AS Carollo EXPEDITIOUSLY AS POSSIBLE FOR MEN AND WOMEN TO CHANGE THEIR CHILDREN'S DIAPER IN PUBLICLY ACCESSIBLE CITY OF MIAMI BATHROOM FACILITIES, WITH FUNDS TO BE RAISED ADDITIONALLY IN THE PRIVATE SECTOR. 11-01168 Legislation (Version 2).pdf 11-01168-Submittal-Back-Up Documents.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 37 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff R-12-0048 Chair Suarez: And l just want him to go to his item, which was -- he asked for a time certain after lunch. Commissioner, you're recognized for the record. I forget which is the actual item number. Commissioner Carollo: RE.4. Chair Suarez: RE.4. Commissioner Spence -Jones: Baby changing station. Chair Suarez: Yes. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to begin by stating that this resolution is not about me. It is about a proud parent that was made aware of the difficulties that parents are facing by his one -year -old daughter. Her name is Brianna Isabella. We spend so much money on our parks and our City buildings and though there is an expectation that there is a bathroom in these public places, there is a segment of our community that we are leaving out. It is the mother and fathers of young children. Think about it: We take our kids to the park; yet, if we need a diaper change, instead of assuming that we could change them in a public bathroom, we have to get creative. This resolution will put an end to this issue. As many of you know, and in my typical fashion, I was able to demonstrate that we can cut the cost by almost half the amount for these baby changing stations from approximately $80, 000 to about $42, 000. Now as a true CPA (Certified Public Accountant), I must include that that amount also has a 10 percent contingency built into it and the actual cost could be much less, which, by the way, substantiates what keep saying, that the City ofMiami is paying way too much for many of these projects. And relatively speaking, this is a minor amount. However, when you're talking projects that cost millions, tens of millions, then I think we can do much better with taxpayers' monies. With that said, I really believe that this was a resolution that everyone could support, that everyone could wholeheartedly support. Therefore, I was surprised and somewhat disappointed when I heard that someone will be against this resolution because the money should be spent differently. First of all -- and I'm usually quiet about these things, but I feel that I need to express it because it is part of my disappointment. As a certified public accountant, I have demonstrated that I have a long history of finding savings for the taxpayers and the City of Miami, starting with my own budget. Last year I returned to City coffers approximately $100,000, and this year, if it is not 100, 000, it's very close to it. So right off the bag [sic], I have demonstrated that I am a fiscal conservative. So when I heard about the outburst, the discontent, I was very surprised. Actually, I would have welcomed this outburst when our ex police chief was offered either 400 or $200, 000 in order to resign or leave. I would have welcomed if these same people that now think that 45,000 is too much money to be spent in these diaper changing stations would have joined me in my discussion items regarding not only those improper payments to the Chief or attempts, but all those improper maybe illegal severance payments that were made to a slate of people. There I could understand the outburst, maybe anger. Yet, for $45,000 of bond money, exactly what this bond money is used for, I was baffled. Take it, this is a Commissioner that is such a fiscal conservative that during budget times, I was looking at line items to the point that I was even looking at the cost of copiers and copies, department by department. Ironically at that time, some people were saying, man, this guy is just, you know, nickel and diming everything. Well, let me tell you something. What the City ofMiami spends in copies is three times the amount of these diaper baby -- baby diaper changing stations. So at that time no one raised any issues. And the truth of the matter is that most large law firms, accounting firms, big companies makes their employees actually punch their number or a code in order to do the copies. So, no, I'm not crazy. And just to substantiate that I'm not crazy, the City ofMiami Page 38 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 truth of the matter is we're making such an issue about $45,000, yet, during budget time when we should have made issues when I was going line item by line item, yeah, copies, that's not a big deal; what's he talking about. Well, guess what, on copies alone for the City ofMiami, we spend more than three times what these baby -- what these diaper changing stations will cost. You know, I could even accept ifI would have received a phone call, if they would have made an appointment with my office, but when an e-mail (electronic) is sent and addressed to all the major news media -- as a matter offact, I joked with my staff andl said, you know, make sure you keep that 'cause in the future when I want to send a press release, we have all the media outlets. You know, I -- that could be interpreted with a little lack of good faith because I'm sure, you know, I have been -- I have demonstrated that I'm reasonable, flexible. You know, a call to me would have been sufficient and we could have discussed that issue. I commend the men and women of law enforcement. As many of you know, I was a former law enforcement officer. I commend the men and women that responded to that bomb call the other day. As a matter of fact, I worked hand in hand with the bomb squad in Miami -Dade County. And a very good friend of mine is actually in the bomb squad in Miami Dade County. We actually went through SWAT (Special Weapons and Tactics) school together. So I can comprehend and understand law enforcement issues, andl actually take very seriously the list that was sent of necessities. Could I have the CIP (Capital Improvements Program) director come forward, please. Commissioner Spence -Jones: While he's coming up, can I just ask a question? Commissioner Carollo: Yes. Commissioner Spence -Jones: 'Cause maybe I'm -- maybe I missed something. Can you expound on -- 'cause I didn't know this was an issue issue, like a problem. Can you expound on -- 'cause I -- you know, I prefer -- let's just -- Commissioner Carollo: Yes. Commissioner Spence -Jones: -- be straight. I -- let's just put it all out there, what's -- be straight -- let's be a straight shooter. What is the issue and -- I mean, I know that there's discussion around whether or not we should spend this money. We already know that, to my understanding, from my briefing, we can use these kind of dollars to do the diaper changing stations so it's an expense that we can handle, correct? And as you -- I just want to be clear. Andl would like to see whatever document that you're speaking of 'cause I, quite frankly --I'm speaking to the Commissioner. Can I -- let me -- I just want to see what the -- can you expound on it for me, Commissioner Carollo, so that I'm clear? That's number one. Commissioner Carollo: Yes, and -- Commissioner Spence -Jones: So that I'm clear about what -- 'cause this looks like a lot bigger -- you have a lot bigger issue with not the diaper changing stations but maybe what was attached to your effort. So can I see a copy of what was sent out? Commissioner Carollo: There are various e-mails. Here is one of them, andl will need it back 'cause I need it for part of -- Commissioner Spence -Jones: No problem. I'm just -- Commissioner Suarez -- I mean, Chairman, you already have this e-mail? Chair Suarez: I've -- yeah, that -- he didn't send it to all of us. Commissioner Spence -Jones: Okay. Chair Suarez: Yeah. City ofMiami Page 39 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Spence -Jones: So do you just want to expound on -- so you -- the question became -- Commissioner Carollo: The bottom line -- Commissioner Spence -Jones: Yes, bottom -- Commissioner Carollo: -- is that apparently the vice president of the FOP (Fraternal Order of Police) have an issue with spending $45, 000 on diaper changing stations because there's a long list of things that is needed with that money. Commissioner Spence -Jones: So are you -- I just want to be clear. So are they saying that they don't support mothers and fathers being able to have the option of changing their children in the bathroom? Commissioner Carollo: Apparently not, because they feel that money should be used on other police -related items. And listen, as I mentioned, I wholeheartedly support law enforcement efforts. I was a law enforcement officer myselffor close to ten years. Armando Aguilar, Sr.: Yes, sir, but I deserve a right to respond to these attacks. Commissioner Carollo: And the truth of the matter is that I would like to expand on those items because it is important to me. It is important to me when we're stating that these are the things that are needed. Yes, this is important to me. So I would like to go through these items. Commissioner Spence -Jones: But he's making a -- he's just giving you a copy of -- And then I just want to add real fast, because this is -- prior to the both of you guys getting here, remember, I mentioned this issue when I first had my little one. You know, we made the same request and we got them in the restrooms. Unfortunately, they only put them in the women's restrooms, assuming that fathers wouldn't change any Pampers, which we know that that's not true 'cause you're changing Pampers. So I don't -- I guess I'm missing the -- And, Armando, I mean, I know that you -- I know you have a heart and understanding on this issue . I mean, I don't know if you have grandkids or children. Sergeant Aguilar: Absolutely. Commissioner Spence -Jones: Right. So I just think that there's got to be some common sense in here somewhere, so what is the issue? Personally, I already told Albert that out of my funding that have available, I support it 'cause you -- I'm gladl got some dads that will change some Pampers, honestly. So I just don't want us to spend a lot of time on an issue that we should be able to just resolve, and it's obvious that it's -- andl understand what your feeling is, is it became a little personal, you know, so -- Commissioner Carollo: Not only personal, but -- Sergeant Aguilar: Commissioner, when the FOP became a part of -- Chair Suarez: Wait. Whoa, whoa, whoa, whoa, whoa, whoa. Sergeant Aguilar: -- this conversation -- Chair Suarez: -- whoa, whoa, whoa. Wait a second. Sergeant Aguilar: I'm sorry, Mr. Chairman. City of Miami Page 40 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: Let -- they're having a conversation. When they finish, however, I will recognize you to respond to whatever you feel has been said. Commissioner Spence -Jones: But -- 'cause I don't think that the items that you just showed me are things that you don't support the police officers not having, correct? Commissioner Carollo: And that's what I want to be able to discuss. Listen, Commissioners, you all know thatl welcome discussion, thatl welcome debate, so if the vice president of the FOP has an issue and has made a laundry list, well, let's discuss it. I mean, again, I welcome discussion. I have with everything, even my own items. I welcome debate. I think it's healthy. I think it makes everything better. Andl want to discuss what was written -- Commissioner Spence -Jones: No, andl -- Commissioner Carollo: -- so we could -- Commissioner Spence -Jones: -- would like you to because the -- we can't assume that the homeowner watching this knows what you're talking about -- Commissioner Carollo: Understood. Commissioner Spence -Jones: -- and -- do you understand? So -- Commissioner Carollo: Absolutely. Commissioner Spence -Jones: -- can you just make sure we have clarity or they have clarity so Commissioner Carollo: Yes. As a matter of fact, I will read you the e-mail or at least read you most of it -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- 'cause it's rather lengthy. By the way, andl received an e-mail prior to this making -- asking me -- or sort of suggesting that you're not going to use general fund monies for this, are you. I didn't respond. I didn't see it. And then I received this second e-mail, and I'll read you the first paragraph at least. Dear Commissioner Carollo, it has come to our attention that at this Thursday's Commission meeting, you are requesting to have $45, 000 of our Homeland Defense bonds to be spent on purchasing diaper changing stations. I am clearly aware that Homeland Defense bonds can be used for improvements throughout the City, but when the City is facing a $35 million deficit and money, including bond dollars, must be used efficiently. Your emergency responders are in desperate need of the following items that would better suit these bond dollars. And then there's a long laundry list. Commissioner Spence -Jones: Okay. Commissioner Carollo: So that is the issue. Commissioner Spence -Jones: That's the issue. Commissioner Carollo: That's the issue. So can -- ifI can continue -- actually, you know what, I would like to hear from the FOP president. Chair Suarez: There we go. Mr. Aguilar, you're recognized to respond. City of Miami Page 41 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Sergeant Aguilar: Armando Aguilar, president of the Miami Fraternal Order of Police. I'm sorry; my vice president couldn't be here today. He's in Tallahassee fighting legislation to still take more benefits away from us. So I'm here to address the issues that he addressed. And by the way, Commissioner Carollo, I applaud you on the birth of your daughter. She's a beautiful baby. And applaud on the intent of the legislation you're trying to pass. We need to start thinking about, you know, need to have, plus nice to have. Andl think when the Miami Herald quoted Alex Penelas as saying that he supported this legislation, it was at a time when the County was flushed with money. Again, we're talking about Homeland Security bonds; and yes, technically, you're correct in saying that you can use that money for that. And surprisingly enough, when I met with the Manager earlier this morning, to and behold, these issues that we brought up to include the SWAT truck, the bomb truck, the roof on the fifth floor of the police station, which, by the way, we sent you all a picture of a kiddie pool where we collect the water on the fifth floor of the police station. But surprisingly enough, all these issues are going to be resolved now and there's projects in the works to fix all these things. I got to complain about things like this more often because we actually get things done. But at a time when for three years in a row you have cut salary and benefits, and yes, you have been fiscally conservative, but fiscally conservative by balancing the budgets on the backs of employees, and I'm just explaining to you -- talking about the entire Commission -- and no one -- Chair Suarez: Minus her; she wasn't here. Sergeant Aguilar: -- here has come up -- Commissioner Spence -Jones: Huh? Sergeant Aguilar: -- with recurring -- Chair Suarez: Minus her; she wasn't here. Sergeant Aguilar: -- revenues to solve the problem or -- Commissioner Spence -Jones: Minus me. Chair Suarez: Yeah, minus -- Commissioner Spence -Jones: Minus me. Chair Suarez: She wasn't -- Sergeant Aguilar: Well, sorry, Commissioner, I apologize. Just one year. Where again we're here looking at another $35 million deficit and looking again at going after the employees 'cause no one has brought recurring revenues to the City. It's a little bit a of a slap in the face -- don't -- it's a lot of a slap in the face to be able to say we're going to use Homeland Security bond money to put the baby stations or tables in the men's bathrooms at the different City facilities. This is nothing against your idea. I commend you for it. I mean, I've changed many a diapers. I'm a father, a grandfather, andl think it's a great idea, but it -- you have to differentiate from must have, need to have, or good to have. And this is something nice to have when we have the money to spend for it. This is not the time. This is just sending an additional message to the employees. As I met with the Manager this morning and all these things magically got resolved. We're probably not going to have to use the kiddie pool anymore on the fifth floor because a roof is coming and a SWAT truck and a bomb squad truck is coming. We're still facing the problems with the City, andl think that right now this is not a top priority. I don't think Homeland Defense funds bond money should be used for that. In good times it's a great idea, andl will support you wholeheartedly. As far as what you said about us not complaining when the Chief City of Miami Page 42 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 of Police was offered $200, 000, I'd like to correct you on that. I was in every TV station, radio station, newspaper attacking the Mayor of the City ofMiami for offering that money. I thought it was wrong. I thought it was another slap in the face to all the employees of the City ofMiami. So this is not personal between you and me. I wholeheartedly went out to bat for the employees of the City of Miami when those payouts were given. When the Chief of Police was offered that money, I thought it was disgusting. I attended many TV shows, you know, denouncing this. So for you to say that we weren't there when that happened is not right. It is not right. Andl can tell you andl can prove to you through newspaper articles and TV stations that I went to that that wasn't right. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, you're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. And let me say again, this is why I think discussion -- this is why I think debate is healthy. That way, you know -- and in a professional manner, how it's done, how it's been done in my tenure here in the City Commission. First of all, I don't think you andl have ever had any issues. Sergeant Aguilar: No, we have not. Commissioner Carollo: No, we haven't. Sergeant Aguilar: And we don't have one now, don't misunderstand me. Commissioner Carollo: Okay. Sergeant Aguilar: I'm just defending our members who have given so much and now we're looking at bond money that's supposed to go for the Homeland Security and -- technically, you're right -- going to fix bathroom is at a time that we have other priorities. Commissioner Carollo: Now with that said, Mr. Aguilar, you know -- 'cause I want to keep -- I want to move this quickly. I don't want to just stay on one issue. No. When I remember having my discussion items regarding the police chief and so forth, I don't remember the vice president, who wrote this e-mail, being present and discussing it. But you know what, maybe I didn't -- I just didn't see him or maybe it's my mistake. Okay. Sergeant Aguilar: As a matter of fact -- Commissioner Carollo: But let's move forward. Sergeant Aguilar: -- my vice president is the one that attacked the Chief of Police budget for misspending overtime money and -- Commissioner Carollo: Let's just -- Sergeant Aguilar: -- was one of the biggest advocates against that police chief for misspending money. Commissioner Carollo: Can we move -- okay. And I'm not going to do anymore arguments because it's -- to a certain degree, it's irrelevant so let's just move forward. Sergeant Aguilar: I agree. Commissioner Carollo: Okay, so let's just move forward. So what you have an issue with is City ofMiami Page 43 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 using 42, whatever it is, 40, 42, maybe $45, 000 of Homeland Defense bond dollars on changing stations because they should go to Police? Sergeant Aguilar: They should go to what's most necessary. I think Michael Putney put it best in yesterday's editorial when he mentioned that we got to set our priorities in motion. It's some things that are nice to have, like painting buildings and putting new windows as opposed to must have, which is training people for new jobs and, you know -- Commissioner Spence -Jones: Now you -- Sergeant Aguilar: -- everything else that he said in his article. Commissioner Spence -Jones: -- you're stepping on toes because, quite frankly -- Sergeant Aguilar: I know I am. I know I am. I'm holding back no punches. Commissioner Spence -Jones: Right. But quite frankly, Michael Putney was absolutely wrong on that issue because that -- Sergeant Aguilar: But it's just an example. Commissioner Spence -Jones: -- money could only -- don't drag the wrong information in the issue, okay, okay? Let's keep the two issues separate. Sergeant Aguilar: I will. Commissioner Spence -Jones: That's a different situation altogether -- Sergeant Aguilar: I will, Commissioner, but -- Commissioner Spence -Jones: -- all right. Sergeant Aguilar: -- you know me; I don't -- Commissioner Spence -Jones: So let's not -- Sergeant Aguilar: -- hold back any punches. Commissioner Spence -Jones: And you know I don't either. Sergeant Aguilar: And this is the same thing. Commissioner Spence -Jones: The two things are not the same. Sergeant Aguilar: We're talking about nice to have -- Commissioner Spence -Jones: They're not the same. They're not the same. Sergeant Aguilar: Fine, I'll take that. Commissioner Spence -Jones: Okay. Sergeant Aguilar: It's -- we're talking about nice to have as opposed to need to have, andl think this is an issue that's nice to have and these are not the times for it. City of Miami Page 44 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Carollo: Mr. Aguilar -- I could go with this in so many different ways. Okay. Sergeant Aguilar: Please do. Commissioner Carollo: Please do. So the only item that you have an issue with is these $42,000, correct? Sergeant Aguilar: No, absolutely not. Commissioner Carollo: Okay. What else -- Sergeant Aguilar: I have an -- Commissioner Carollo: -- in this agenda do you have an issue with? Sergeant Aguilar: -- issue with everything the City's been doing because whenever you -- Commissioner Carollo: But no e-mail has been written on any other issue in this agenda, except the $42, 000 for a baby changing station, correct? Sergeant Aguilar: Because it comes out of Homeland Security bonds. Commissioner Carollo: Okay. Do you know that there's also an additional $2 million, $2 million set for Homeland Security bonds to vote for today, yet no e-mail? Sergeant Aguilar: Yeah, I'm aware of Commissioner Carollo: Yeah, of course you're aware of it 'cause I just told you. But there was no e-mail. Sergeant Aguilar: No, there wasn't. Commissioner Carollo: So what's the scrutiny? Sergeant Aguilar: The scrutiny -- Commissioner Carollo: I mean -- Sergeant Aguilar: -- is -- again, I'm going to go back to the -- Commissioner Carollo: And do you know what those $200, 000 are for? I'm sorry, $2 million are for. Sergeant Aguilar: No, I do not, but -- Commissioner Carollo: You do not, but you knew that there was $2 million from Homeland Security. Sergeant Aguilar: We knew about this issue, which is a nice -to -have issue. Let me say something clearly, Commissioner. Commissioner Carollo: But you don't even know what the $2 million, not 45,000, $2 million of Homeland -- Sergeant Aguilar: Enlighten me, Commissioner. City of Miami Page 45 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Carollo: -- Security -- Sergeant Aguilar: Enlighten me, what are they for? Commissioner Carollo: No, no, no, but -- see, that's what I'm saying. You are missing the big picture. You're going after $42, 000 that could really help, you know, young families, mothers and fathers that really is not even enough money to pay for any of this stuff. yet, there's $2 million in this agenda, in this Commission's agenda for today for a vote, you have no idea. Sergeant Aguilar: Commissioner -- Commissioner Carollo: I mean, isn't that -- doesn't that -- Sergeant Aguilar: I think you're the one missing the point. The point is that you cannot continue to balance budgets on the backs of employees and then have your little pet projects financed and again say for next year that we're going to hurt the employees again. Commissioner Carollo: I'm trying to help you. There's $2 million there that you all obviously missed, like you've been missing a lot of things. I'm trying to help you. I mean, I just didn't see an e-mail on an agenda item that is set for this Commission to vote on for $2 million, $2 million; yet, you're fighting over $42, 000. Sergeant Aguilar: I'm fighting about the concept -- Commissioner Carollo: Come on. Sergeant Aguilar: -- Commissioner. Commissioner Carollo: Come on. Sergeant Aguilar: This is not an attack against you. Commissioner Carollo: Wouldn't -- yeah, but -- Sergeant Aguilar: Don't misunderstand it. Commissioner Carollo: -- wouldn't that concept be a little stronger and wouldn't it show a little bit more credibility and knowledge? Sergeant Aguilar: Are you saying that we're not supposed to spend $2 million on this project? Commissioner Carollo: No. What I'm saying is -- Sergeant Aguilar: Are you in agreement with it? Commissioner Carollo: -- that you have no idea. You haven't brought the same issues that you have on this. Sergeant Aguilar: I reviewed the entire Commission agenda and everything on it seemed above board, so once I reviewed it, I must not had a problem with it. Commissioner Carollo: So I guess you didn't have a problem with the $2 million we're going to spend on Homeland Defense bond dollars? City of Miami Page 46 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Sergeant Aguilar: Not if it's rightfully spent. Commissioner Carollo: This is not rightfully spent? Sergeant Aguilar: Well, then, you should vote against it. Commissioner Carollo: This is not rightfully spent? Sergeant Aguilar: I think it's a nice to have as opposed to need to have. Commissioner Carollo: How 'bout the others? Sergeant Aguilar: Well, if you're saying that it's rightfully spent -- Commissioner Carollo: I'm not saying that. Sergeant Aguilar: I looked at the agenda. I didn't find anything wrong with it. Commissioner Carollo: I -- Sergeant Aguilar: Listen, Commissioner, I don't want to make this a personal issue. Commissioner Carollo: No, no, no, but I'm making -- Sergeant Aguilar: If you're trying to make it a personal issue, it's not. Commissioner Carollo: I'm not. Sergeant Aguilar: It really isn't. Commissioner Carollo: I'm not. I'm just making a point. Sergeant Aguilar: I'm making a point as well, sir. Commissioner Carollo: I'm just making a point. You're looking at $42, 000 that really, really -- let's say I say, yeah, you're right, here's the $42, 000. You really can't even pay for any of this stuff because it's not enough; yet, $2 million of bond money that we're set to vote for today, no e-mail, nothing. Sergeant Aguilar: I'm looking at the intent, sir. I'm looking at the intent and the message that it's sending to our employees, that we've lost sight of our perspective of what really is important. And while this is nice to have, it's not a need, and we need a lot of other things. And thank God that complained about this because now all of a sudden, all these projects are online to get fixed. Thank God, we won't have to have the kiddie pool on the fifth floor because they're going to fix the roof and we're going to get a SWAT truck and a bomb truck. Commissioner Carollo: Let's talk about the kiddie pool. Sergeant Aguilar: Yes, sir. Commissioner Carollo: Were you here present on the September 15 meeting? Sergeant Aguilar: Sure, I was. Why? Commissioner Carollo: Do you know what happened on the September 15 meeting with regards City of Miami Page 47 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 to your kiddie pool? Sergeant Aguilar: What about it? Commissioner Carollo: So obviously you do not know? Sergeant Aguilar: No. I do know that for years we've been trying to fix the roof and it's gone back and forth since the time, I would say, back from 2005 or more -- Commissioner Carollo: Okay. Sergeant Aguilar: -- that we've been complaining about it. But one time it was supposed to be a heliport to be able to land a chopper on top of it. Another time we talked about just fixing the roof right out. And we complained about putting the heliport up there 'cause we could have parked the helicopter in Watson Island. This has been going back and forth for years so. Commissioner Carollo: So how do we fix it? Sergeant Aguilar: I'm sorry? Commissioner Carollo: How do we fix it? It's been going back and forth for years. How do we fix it? Sergeant Aguilar: It's still not fixed and you -- Commissioner Carollo: Why is it not fixed? Sergeant Aguilar: You tell me. Because all that -- Commissioner Carollo: I don't know. Sergeant Aguilar: -- rhetoric back and forth and nothing gets accomplished. Commissioner Carollo: Really -- well, you know what we accomplished in the September 15 meeting. Sergeant Aguilar: Yes. Commissioner Carollo: This Commission -- yes? What got accomplished? Sergeant Aguilar: Yes. Now I've been told by the Manager the roof is going to be fixed. Commissioner Carollo: No, no. That's not the issue. The issue is at September 15 meeting, this Commission unanimously voted for $400, 000 to fix that roof. Sergeant Aguilar: Um-hm. Commissioner Carollo: Why hasn't it been fixed? Sergeant Aguilar: You tell me. Commissioner Carollo: I don't know. We did the allocation. It comes to this Commission. We allocated $400, 000 to fix the roof. Sergeant Aguilar: I don't know. Ask the Manager why it hasn't happened. This is the same way City of Miami Page 48 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 the City does the business all the time. Chair Suarez: Hold on, hold on, hold on. Sergeant Aguilar: Everything lags. Chair Suarez: Would you like to be recognized, Commissioner Spence -Jones? Commissioner Spence -Jones: Yes, Mr. Chairman. Gentlemen -- Chair Suarez: Let me -- Commissioner Spence -Jones: -- gentlemen -- Chair Suarez: -- interrupt and let her -- yes. Commissioner Spence -Jones: -- you both are right, okay. You both are right. There -- on -- I totally understand the Commissioners' viewpoint of you know, these bond dollars that can go into the improvement of the facilities, in the upgrading of these facilities; that you can use these dollars for this. To my understanding, what I'm being told, it is the Neighborhood Capital Improvement bonds. You were talking about five different districts. All of us -- I'm sure that need to have some upgrades in our -- in those -- in their particular buildings that could include these items, so he's right on this issue. We have the choice to see whether or not we want to see some of these things happen. But, Armando, you're right, too. I'm the first one that's up here slugging it out to make sure that we don't take anything off the back of City employees, andl have a real -- I'm very sensitive to that issue because I was a City employee. So you're totally right on your issue as well. We need to look at what we need to kind of balance out more, you know, before making decisions on that level. But the reality is you couldn't use this money for City employees either. You -- Sergeant Aguilar: I understand that. Commissioner Spence -Jones: -- and let -- you can't use it for -- you know -- and when we send this kind of information out there that makes it seems like it could be used for something that it can't be used for, it sends miscommunication. It sends out something that's not correct, you know. So we can -- believe me -- Chair Suarez: Debate about this for hours. Commissioner Spence -Jones: -- and I'm sure you know this, Commissioner Carollo -- we can debate this until 2 o'clock in the morning. He has his position on this issue, right, and you have your position on this issue, correct? Sergeant Aguilar: Correct, Commissioner. And I'm not saying that this money could have been used for something else, other than a few examples that my vice president put out. Commissioner Spence -Jones: But let me -- I sit and listened to y'all for 30 minutes go back and forth, okay. The reality is the both of you guys are right. We all have to be mindful of how we spend money, period, what decisions we make for the entire City, whether or not it be City employees or our residents or our buildings -- you're absolutely right on that. Where do we go from here? That's really what we need to know right now, you know. And we can go back and forth on these issues, but we're going to be in the same place, the same place. The reality is do we support your initiative to include baby changing stations, which, my gosh -- including baby changing station, that's really a yes or no. I think that your point, Armando, is absolutely right. You're right. As soon as you brought up these issues, I think that you could have gone about it a City of Miami Page 49 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 better way 'cause, you know, no one wants to feel like they're being attacked. And I'm going to be honest with you, when you see stuff like this and then -- you know, you could have picked up the phone -- or it wasn't you that did it, but your vice -- second vice president, your vice -- Ortiz, could have picked up the phone and asked Commissioner Carollo prior to that. And know your objective was to get what you needed to get done and to shine -- not your objective. You know, Ortiz's objective was to get attention on the issue. You got the attention. We understand it. We all understood it anyway. But it's just the way you go about doing things. And l just have to say this, you know. What really troubles me the most, you know, sitting up here backup on the dais is that we get so caught up in what we want to see happen and to get our messages across that we don't think about anybody else and that's wrong. It's wrong for us to make our position more important than the next mans. And what -- clearly, what Commissioner Carollo's trying to do is really just make sure that, you know, there is some equality. It shouldn't just be in all the women's bathrooms. That's wrong. It should be across the board and it should be -- and) know you agree with that. That's not even the issue. I'm just simply saying it's the way you went about doing it. And keep saying you 'cause it's not really you 'cause you probably wouldn't have gone about it this way. Now you're here standing in somebody else's shoes defending it and) understand it. But the reality is I could see why he would be upset or bothered by it because it took a phone call to have this discussion. And guess what, any one of these items that you're telling me about -- I didn't know about the kiddie pool or none of that -- but no one's called me and said, Commissioner, here are items that we've been trying to move to get done and they're not moving in the Administration. You have the right to have something put on the agenda just like anybody else, any other department. To say, you know, hey, here are issues that we've been trying to get done with the Administration. And guess what, one of us Commissioners or all of us up here would have been fighting and supporting those issues as well. But we -- during these times right now, we need to -- it -- we need to get away from just constantly attacking each other and that's what this feels like. That's what it feels like. It feels like a personal attack on a very noble gesture. Sergeant Aguilar: Well, again, Commissioner, I applauded him for his idea and) said it's nice -- a nice thing to have. But when you talk about attacks, we have been under attack for the last three years and now we're going on our fourth year where there's no end in sight, so you're right, I'm on the attack -- Commissioner Spence -Jones: But Armando -- Sergeant Aguilar: -- andl'm going to attack everything) can think of -- Commissioner Spence -Jones: Armando -- Sergeant Aguilar: -- andl'm going to criticize everything) could think of. Commissioner Spence -Jones: -- in the midst of this, just as he just communicated, if there was something to attack on -- the wrong thing for you to attack on is a baby station. Sergeant Aguilar: I'm not -- Commissioner Spence -Jones: I mean -- Sergeant Aguilar: -- attacking it. I'm -- Commissioner Spence -Jones: Yeah, but what I'm saying is the wrong thing to use to attack anybody on, a baby station or a baby changing stations when you could have picked up the phone and had a discussion about this like two gentlemen, andl'm sure Commissioner Carollo would have heard you. And part of the issue -- I'm going to be honest with you -- he has -- this thing was -- I don't know what the original bid was. I don't remember the number, but the City of Miami Page 50 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 number went -- was crazy, and he's drilled it down and drilled it down and he's just about made the baby stations in a minute. Sergeant Aguilar: Right. Commissioner Spence -Jones: You know what I mean, so -- Sergeant Aguilar: We got down to the point that now the City employees are going to do it and we're going to take the liability if something happens. But again, this is not about the baby stations. I applauded him for it. This is about the continuous exploitation of the employees and the fact that -- Sergeant Ortiz -- and I'm defending his e-mail -- Commissioner Spence -Jones: Yeah. Sergeant Aguilar: -- because I didn't write it. But Sergeant Ortiz enumerated a few things that could -- bond money could have been used for. Commissioner Spence -Jones: Right. Sergeant Aguilar: But to use Homeland Security Defense bonds for baby stations, I mean, really? Commissioner Spence -Jones: Okay. Let's be -- Chair Suarez: Okay, wait, wait. Commissioner Spence -Jones: -- I'm going to turn it over to you. Chair Suarez: I just want to bring this -- Commissioner Spence -Jones: 'Cause you guys -- Chair Suarez: -- I want to wrap this up. Commissioner Spence -Jones: This is probably going to be another hour, Chairman, because he's set in his ways and Commissioner Carollo feels very strongly about his. But you need tojust be -- again, information that you put out there, you're saying that it's Homeland Defense funds. That's what you're saying it is, but the reality -- let me finish. Sergeant Aguilar: Isn't it? Commissioner Spence -Jones: Neighborhood capital improvement bonds as well. Don't -- I don't -- the problem I have is the twisting of the information and) want tojust be clear, because you and) always had a good relationship. You were always good to me. We might have had, you know, on the dais you know, exchange of words, but you've always been respectful and you've always been good to me and my district. Sergeant Aguilar: And you have to me, too, Commissioner. Commissioner Spence -Jones: Right. So we don't ever have any issues on that level. But I do want to clear up something because you know, out of all people -- and I'm going to ask George 'cause I want to make sure we clear this up. You know how committed) am to my district, too, right? Sergeant Aguilar: Correct. City of Miami Page 51 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Spence -Jones: Okay. So when we make statements to just kind of float in the universe, people take stuff and they twist it and do things that are not necessarily true. Like you made -- you took -- you made reference to an editorial that was in the newspaper yesterday, which is a very good point. I'm not saying that what you might have brought up as an issue to use that example was not important, but in this case it's misinformation, and l just wanted to have clarity not just for you, but for my residents that have to read stuff that makes a particular community looks or feels as though they're not worthy to have the same things that other neighborhoods have because somebody didn't have all of the information or facts properly. And I think it's important for them to understand it 'cause I personally live in Liberty City andl personally took offense for it. I've had several people from my community call me and said that they have never seen anything written in such a racist manner about a community trying to at least rebuild itself back and from a cultural perspective, to even look at the fact of saying what is afrocentric when the reality is if we're talking about, you know, Little Havana and the art -- the architectural designs, I love it. We're doing the same thing in Little Haiti, you know. And that is to promote the one asset that I have is culture. But to take that and twist it and make it seem or appear that dollars can be used for jobs when, quite frankly, you cannot use those monies for training of jobs; it's for commercial rehab based projects -- to say something that's just clearly not true, I just think that, you know, if nothing else, whether or not you respect it or not, I owe it to my residents for them to understand that that's not the case. So I want just to clear up that matter, if you don't mind, Commissioner Carollo, and then I'm going to turn it back over to -- for you guys to continue going back and forth on it. Commissioner Carollo: Thank you. Commissioner Spence -Jones: But if you don't mind, George, can we please clear that up so that the residents of my district, of Liberty City that I'm proud to be born in, okay, can understand what those dollars can actually be used for because, once again, we're taking information that was misinformation and using it in the wrong perspective. George Mensah: Commissioner, George Mensah, director Community Development. I was -- I got -- learn of that article, and in that article it talked about the $430, 000 that was using for commercial facade in the 7th Avenue corridor of Liberty City. That project is actually called commercial rehabilitation and it's economic development project. It is done to create jobs. Of course, you have contractors that will be working. And at the same time, it is a project that is done to improve a community corridor. As you are aware, Commissioner, we've done something similar to that in the Little Haiti area, which was supported by HUD (Department of Housing and Urban Development), and recently, Community Development officials came to Miami and they visited that site as a site of how community development should be performed, which is concentrate in an area and try to improve the whole area. The article did mention the fact that those dollars could be of use for job training and child care and that kind of stuff. Unfortunately, public -- those activities are referred to as public service dollars and that is -- has a cap of 15 percent, and the City ofMiami goes up to the cap of 15 percent in providing job training and providing day care and providing elderly meals, and those are all the public service dollars that we -- you allocate every year. So those dollars that was using for commercial rehabilitation cannot be used for job training. They couldn't have been used for the child care that you were talking about. The article also mentioned about just seven projects that was done in the Liberty City area, which were done probably 10, 15 years ago. It didn't mention of all the new projects that continue to be done in Liberty City area. It didn't talk about the child care project that we funded in Liberty City area or the elderly meals that we fund in Liberty City area. So I believe that certain misinformation to the public really does a disservice to the public rather than trying to educate them on the priorities of the City. So that's what I want to put on record. Commissioner Spence -Jones: And the only reason why -- Armando, the only reason I brought it up is because you brought it up as an issue and, quite frankly, I've been dealing with calls for the City ofMiami Page 52 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 last two or three days on not the fact that what was written; it was the spirit in which it was written. And my point is that we have to be very careful about things that we say about communities or about -- Sergeant Aguilar: I apologize if you took this the wrong way. All was doing was making a comparison of must have and need to have and nice to have. Commissioner Spence -Jones: Right. Sergeant Aguilar: Andl know nothing about what Michael Putney wrote or whether it's true or whether it isn't true. That wasn't the issue that I was here to discuss. I just made an example of when Commissioners and administrators make decisions as to the things that we really need in the City as opposed to a pet project or something that they want to have for their own -- Commissioner Spence -Jones: But you do now understand that those particular dollars could only be used for what the said purposes are? Sergeant Aguilar: Again, I'm not taking sides. Commissioner Spence -Jones: And I'm -- Sergeant Aguilar: I don't know what the issue was. Commissioner Spence -Jones: Right. Sergeant Aguilar: I just made a comparison. Commissioner Spence -Jones: But -- right -- now you have clarification? Sergeant Aguilar: Yes, ma'am. Commissioner Spence -Jones: Okay. So my point in all of that is -- I just want to -- at least my residents to understand the truth. And then at this point I'll turn it back over to Commissioner Carollo. I don't know if you want to expand any further on this issue. Are we --? Commissioner Carollo: Absolutely. Chair Suarez: Okay. Commissioner Carollo: Andl'll tell you why. Because I think that we need to have a healthy discussion about this. I really do. I mean, when you're putting, hey, these are the needs that we need and you're targeting to the point that you send -- and not you, Sergeant Aguilar. It was your vice president -- sent three e-mails on an amount that's $42, 000; yet, we're going to be voting on $2 million in the same type of bond money and there's no e-mails about it, there's no scrutiny. I'm wondering, man, are they really missing the big picture. I would say yes, but you know, that's my personal opinion. Now, besides this laundry list, the first one is the roof. We allocated -- on the September 15 meeting, we allocated $400, 000 to it. Sergeant Aguilar: Those were just examples of things it could be used for. It still hasn't been fixed. We're still seeing -- you know, it's been -- they've been saying they're going to fix it for the last ten years. Commissioner Carollo: All could tell you is we allocated $400, 000 to it. Andl'll tell you what, I have a feeling if $45, 000 goes to it, it's not going to make a big difference. City of Miami Page 53 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Sergeant Aguilar: Of course not. Commissioner Carollo: So -- Sergeant Aguilar: That's not the point. Commissioner Carollo: And that's not the point. This heavy-duty truck for Homeland Security explosive and so forth, I think it's about 230, 000. IfI -- if -- once again, if we allocate these 42,000, you still don't have a truck and you don't have baby changing stations, so maybe you want to hold the whole -- Sergeant Aguilar: Be a nice down payment. Commissioner Carollo: -- maybe you want to hold the whole process up, you know. And something about those down payments, in all fairness, I see that in CIP a lot. You know, we do the design; yet, we don't have the money for -- you know, to do the whole project. So you know, those are issues that I have a problem with. Not only that -- Mr. Sosa, if you could please come up. I see here the police headquarter building, the roof at the police headquarter building, and that we allocated $400, 000 to it. That's what we've -- this Commission was asked and that's what we allocated. Have you received any type of formal request for any of these other items? Albert Sosa: Albert Sosa, director of Capital Improvements. I'll answer on the $400, 000. We were asked by Police to identify $400, 000 to serve as a match for a FEMA (Federal Emergency Management Agency) grant, I believe, that they were applying for for the roof as well as a -- the roof fix as well as hardening the roof to accept the helicopter. I don't want to speak for Police, but I believe that they get the answer to that grant in April. At which point the project would either move forward or not. So I am aware of that one. The balance of those requests, I was not personally aware of them, no. Commissioner Carollo: And you're the CIP director, so obviously, any of these capital improvements or big -ticket items would go through your department, correct? Mr. Sosa: That's correct. If they involve -- depending on the funding source, but yes. Commissioner Carollo: Well, we're not going to -- I mean, they're saying that this should be funded through bond dollars, not general fund dollars, so it would go through your department, correct? Mr. Sosa: If it's bond dollars, yes, it would. Commissioner Carollo: Mr. Manager, have you seen the list, the e-mail that was sent to me as well as every member of the media? Andl don't know if your name is here. Yes, your name is there. Have you been able to see it? Johnny Martinez (City Manager): I saw it. Commissioner Carollo: Have you been made aware of all these items that apparently is in dire need? Mr. Martinez: Up to that point, no. Commissioner Carollo: No. I mean, in all fairness, if these are needed items and now is when it first comes up, 171 be very honest with you -- andl know you didn't write the e-mail -- but shame on you because we should have known about this and we were never told. City of Miami Page 54 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Sergeant Aguilar: If I understand you -- Commissioner Carollo: This is the first -- Sergeant Aguilar: -- correctly, this is not a done deal either, unless we get matching grants, number one. Number two, as I said before, those are just examples of things that we needed for a long, long time. They're not necessary all inclusive. There's a lot of things that we need in the police department that we can use Homeland Security bond money for. And again, I'll repeat, this is not an attack on you. You just happen to be the bearer of bad news. But we've been attacking misspending in the City for quite some time, and that's why I said, when you mentioned that hadn't attacked the payment on the Chief you know, we've been at it for quite some time trying to get the City not to misspend money. Commissioner Carollo: You know, with all due respect, Sergeant Aguilar, I'm starting to see what Commissioner Spence -Jones is saying about commingling of different items because -- Sergeant Aguilar: No, sir, you commingled it; I didn't. Commissioner Carollo: Okay. As far as commingling of different items because there's clearly here four or five items, the only one that there's a matching grant for was the police roof. The other -- all the other items, the Manager has stated, the CIP director has stated, I know I don't -- I didn't know about it, Commissioner Spence -Jones has stated, we knew nothing about it. So popping up out of the blue, I mean -- you know, realistically, I'll say what I said before, shame on you all if this is items that are needed by the police department and you never came forward -- Chair Suarez: Okay. Commissioner Carollo: -- even though we've needed it for many, many years. Well, guess what, for many, many years you've needed these items, you've never come forward and requested these items so shame on you all. Sergeant Aguilar: That is not true. Chair Suarez: Okay, listen -- Sergeant Aguilar: We have -- Chair Suarez: -- listen, listen, listen. Sergeant Aguilar: -- in the past requested it. Chair Suarez: We're -- Sergeant Aguilar: Number two, I didn't know about the matching grants until right now. Chair Suarez: Mr. Aguilar, we are kind of talking around each other. We're doing a very good job of talking and a very poor job of listening. I want to say something and then I'm going to let the Vice Chairman -- I'm sorry, Commissioner Carollo either make his motion or wrap this thing up. You know, the Homeland Security bond general obligation, to me, I think was one of the biggest frauds perpetuated on the citizens of the City ofMiami because it was done after 9/11 and it was made to seem like it was -- we were bonding out all this money to really improve our Homeland Defense, which the City, by the way, doesn't do in the first place, okay. So to me, the notion of the Homeland Security Defense bond as a Homeland Security Defense bond has been a joke since day one. City ofMiami Page 55 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Sergeant Aguilar: I agree, Commissioner. Chair Suarez: Thank you. And it has not -- it's built parks. It's done a variety of things, other than secure the homeland, okay. So I don't think it's inappropriate to spend the money for, you know, the Commissioner's, you know, prerogative. Now I have to say this -- and I don't know -- you know, I haven't spoken to Mr. Ortiz about this e-mail. I kind of agree that it should not have been done in that fashion. Andl don't know if he picked a bomb truck because two days ago, they found ten grenades three blocks away from my house. Sergeant Aguilar: Yes, sir. That was great timing. Chair Suarez: Yes. But in any event, you know, government is about making choices. It's about setting priorities, and) agree with that, but it's also -- those priorities and those choices are influenced by our individual experiences. In the case of Commissioner Carollo, he experienced intimately what it was like not to have the ability to change the diapers in the bathroom. In my case, I experienced very intimately the last couple of days when my whole entire neighborhood was evacuated because there were ten improvised grenades, you know, three blocks from my house; the need for a bomb truck so -- But what I'm hearing is that those two things are not inconsistent, they're not mutually exclusive, you know. We're hearing from the Administration that, in essence, we can repair the -- let me finish -- roof or at least we have allocated the money from the City side to repair the roof. I would urge the Administration to please see if the Homeland Defense, there are available funds for a bomb truck, which I think is a critical need in the City ofMiami, you know, so -- you know, even though -- and this goes back to something) said in my sunshine meeting on Monday, and I'm sorry that Commissioner Spence -Jones wasn't there. You know, we have to support each other up here as colleagues. That doesn't necessarily mean that we always necessarily agree or that -- I woke up in the morning and think the biggest priority in the City is what Commissioner Carollo is advocating for in this instance, but he's taking a leadership position on this issue and it's a legitimate, you know, position, and there are a lot of people that feel that it's a very, very good, you know, use of funds so I'm going to support him because he's taking leadership on that issue. You know, maybe not -- you know, maybe -- I woke up the day after the bomb, you know, almost exploded three blocks away from my house thinking, gee, we really need a good bomb truck. By the way, there was a bomb truck on scene, so it's not like we don't have a bomb truck, and they did transport the bombs, and) didn't hear any of the police officers on scene complain about the age of the bomb truck but -- and) was on scene for that incident. But I think we're talking past each other. I don't think we're really listening to each other. I don't think that the two requirements are mutually exclusive and if -- I'd like to call the question and see if anyone wants to make a motion and go forward. Sergeant Aguilar: Can close, Commissioner, for two seconds? Just closing. Chair Suarez: I'm going to -- Sergeant Aguilar: I won't say anything else. Chair Suarez: -- let you have two seconds, but I'm going to let him close 'cause it's his item. Go ahead. No, no, let him have his two seconds and then I'll let you close. Sergeant Aguilar: Just to wrap it up. Chair Suarez: Yeah. Sergeant Aguilar: I think what happened here today is mutually convenient for both sides to include the citizens ofMiami. There's an old saying in Spanish, "Baby that doesn't cry doesn't get milk," and it's a little different but I'm not going to repeat it. We got a lot of things accomplished here today, especially this morning with the Manager. When I was assured that City ofMiami Page 56 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 we were going to get a roof we're going to get a truck to pull the trailer with the bomb squad, we're going to get all these things just because I complained about a baby diaper station. Commissioner Carollo: No. Sergeant Aguilar: So maybe we should have more conversations like this in the future. And with that, I'm closing. Andl think -- andl commend you for your daughter. I think it's a good idea. I don't agree that it's a need to have, but Commissioner, you have the right thing in mind, and I'm not attacking you personal. Thank you. Chair Suarez: Thank you. Commissioner Carollo, I'll let you wrap it up. Commissioner Carollo: Mr. Chairman, some of the points that I want to make, I think it's really not being understood. One is you just heardfrom our CIP director, you just heardfrom our Manager said, we haven't even heard of this list. Therefore, how can you actually obtain this if you've never even asked? Very simple, very simple. How can you obtain any of these things if you haven't even asked? The only thing that has been requested was regarding the roof in the Miami Police Department. And since you didn't know or you forgot or a lot of people forgot, I remember the allocation. It was 400, 000, unanimous vote by this Commission, for that. So it's not that now, you know, you're kicking and screaming about a changing station. It's that for the first time, you have asked. You're just using it, I guess, to support that you don't like, you know, baby changing stations or -- I can't even -- I -- or babies or families. The bottom line is, I cannot -- see, where I have a problem with is this list goes out, no one's ever heard of it. Second of all, you know, you're targeting $42, 000 when, in all fairness, we're going to be voting on $2 million on Homeland Defense bond money and you're not even aware of it, you don't even know what it's for, you know. So I think we're missing the big picture here. Mr. Sosa, if you could come up again. Do we earn interest on these bond monies? Mr. Sosa: Yes, sir. Commissioner Carollo: Do you know how much interest we currently have? Mr. Sosa: Off hand, I don't know the exact figure, but it's in the $3 million range. Commissioner Carollo: Can that money be used for police equipment? Mr. Sosa: It depends. I'll have to caveat that answer because, again, I'm not familiar with the list. It's a complicated question that has to be answered by our bond counsel. They look at useful life. They look at the value of the equipment and they enter that into like a calculation and they yield an answer that says for this specific piece of equipment, yes. But until we get the specs for that equipment and they compare -- they have to do some -- we have to refer that to bond counsel to get an answer. Commissioner Carollo: That's fair enough. Not only have we seen for the first time wish list, has Sergeant Ortiz or anyone from the FOP ever asked you to look to see if he could use some of that money for their needs? Mr. Sosa: Beyond the roof I was not aware of that list. Commissioner Carollo: And as far as the interest on these Homeland Defense bond dollars, have you been asked to even check with counsel to see if we could use some of that money for their needs? Mr. Sosa: Not for the items on this list, no. City of Miami Page 57 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Carollo: My point, once again, is that, realistically, instead of crying and whining -- and yes, I said crying and whining -- I would suggest that you take a more proactive approach in seeking some of these dollars, in seeking some of these savings like I have demonstrated in my tenure because right there I've just given you a hint or identified possibly monies that can be used for the list that we just received a day or two ago. With that said, I am very confident that I will have the support of my colleagues. However -- and just for everyone to make sure and you understand me, I welcome this discussion. I welcome this debate. Because in all fairness, even though I am 100 percent sure and know that this is a very good use of bond dollars, this resolution will make the City ofMiami more family friendly, more children friendly. The truth of the matter is, I received several calls from organizations, people, and yes, I spoke even to former Mayor Alex Penelas, which told me, Frank, I support you 100 percent. And I'll tell you what, whichever direction you want to go, I will even write a check and we could start fundraising. So the truth of the matter is that I am going to push for this resolution, but at the same time, I want it to be -- andl need to check with the attorneys -- subject to available fundings [sic] that Commissioner Frank Carollo will raise in the private sector. So I -- and what's going to happen is in the next few -- in the next coming weeks, I want to have a press conference with some of these organizations, some of these people, and we're going to raise the $42, 000, the $40, 000 and that's going to be our present to the City of Miami and to all the mothers and fathers and families and children [sic] of the City of Miami. So with that, I make a motion to move this item -- Commissioner Spence -Jones: Second. Chair Suarez: It's been moved and seconded -- Commissioner Carollo: -- with the amendment that mentioned. Chair Suarez: -- with the amendment as articulated by Commissioner Carollo. Any further discussion? I sincerely hope not. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: None in opposition. Passes unanimously. Commissioner Carollo: Thank you. RE.5 RESOLUTION 11-01134 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), APPROVING THE CHIEF PROCUREMENT OFFICERS RECOMMENDATION TO DENY THE PROTEST OF ACTION COMMUNITY CENTER, INC., AND TO UPHOLD THE CITY MANAGERS RECOMMENDATION OF AWARD MEMORANDUM DATED AUGUST 10, 2011, TO AWARD THE PROCUREMENT OF ON -DEMAND TRANSPORTATION SERVICES TO TRANSPORTATION AMERICA, INC., THE HIGHEST -RANKED RESPONSIVE AND RESPONSIBLE PROPOSER IN RESPONSE TO REQUEST FOR PROPOSALS 274276 11-01134 Summary Form.pdf 11-01134 Legislation.pdf 11-01134 Exhibit 1.pdf 11-01134-Submittal-Presentation by Purchasing Department.pdf 11-01134-Submittal-Henry Flood.pdf City ofMiami Page 58 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Motion by Commissioner Carollo, seconded by Chair Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Carollo and Suarez Noes: 1 - Commissioner(s) Gort Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0046 Chair Suarez: We have a time certain item, RE.5, 10: 30. Commissioner Spence -Jones: RE.5? Priscilla A. Thompson (City Clerk): RE.4. Kenneth Robertson (Director, Purchasing): 5. Chair Suarez: RE.5, I believe. Ms. Thompson: 5, that's correct. Mr. Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. RE.5 is a resolution of the Miami City Commission approving the chief procurement officer's recommendation to deny the protest of Accion Community Center and to uphold the City Manager's recommendation of award dated August 10, 2011, to award the procurement of on -demand transportation services to Transportation America, the highest -ranked responsive and responsible proposer in response to RFP (Request for Proposals) 274276. This item is a quasi judicial hearing and the decision of this Commission will be the final decision of the City ofMiami regarding this matter. This item does not attempt to reduce funding or otherwise reduce these essential services to the residents of City ofMiami and that is the key point. Some legislative history: On November 18, 2010, the Commission unanimously approved Resolution 10-0506, which was authorizing a one-year bid waiver contract with Accion Community Center to provide on -demand transportation services. The item, as originally presented, was amended on the floor in two substantive ways. One, the four additional one-year extension options were removed; and two, the Commission gave the Administration instruction that the contract for on -demand transportation services would be advertised for an open, competitive procurement process. The Commission made these amendments in response to concern regardingAccion's previous no -bid contracts. The basic values and guiding principles of public procurement require fair, open and transparent competitive source selection. The notion of approving ongoing yearly bid waivers is contrary to these values and principles. In response to the direction of the City Commission, the Purchasing Department, in collaboration with the Department of Capital Improvements Program, issued RFP 274276 and two proposals were received the following month in July of 2011. The RFP evaluation committee was comprised of Lillian Blondet, our director of Grants Administration, who was also the committee chair, Mr. Doug Bermudez, the manager ofMiami-Dade Transit, and Ms. Irene Ballart, the senior family support coordinator for the Community Committee for Developmental Handicaps. Each of these individuals was selected because they are knowledgeable and experienced in the field of on -demand transportation services and were considered to be an asset during the evaluation process. The evaluation committee convened on August 9, 2011 and conducted an in-depth, due diligence analysis and review of the proposals submitted and determined that Transportation America was the highest -ranked responsive and responsible proposer and was awarded a total of 271 out of 300 points. Accion Community Center was ranked the second -highest responsive and responsible proposer with a total of 218 out of 300 points. Of particular interest here is the rather large point differential between the proposers. There was a 53-point differential between the number one and the number two ranking. All three committee members were unanimous in their rankings. In fact, of the six RFP evaluation criteria multiplied by the three evaluators, Transportation America was ordinantly ranked number one on 17 out of the 18 categories. The City ofMiami Page 59 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 evaluation was clear, definitive and unanimous. In our code, there is language in our protest section regarding burden of proof The written protest shall state with particularity the specific facts in law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence. The coded word "shall" denotes mandatory or imperative requirements and the permissive "may" is not used in this instance. A little bit into the protest contentions that were submitted. Accion alleged that the City ofMiami and the selection committee failed to follow the local preference provisions of the City Charter and the City procurement code. In response, quite frankly, the local preference did not apply to RFP 274276. There were no local preference provisions in the RFP evaluation criteria and there were no local preference provisions defined in Code Section 18-86. Additionally, our City Charter, in Section 29(a) does not define or identify any local preference provisions in contracting, and no points or preference were given for the physical location of Transportation America's primary office or to represent their location being within the corporate limits of the City ofMiami. These contentions therefore must be rejected and denied. The second contention thatAccion raised was that the City ofMiami and the selection committee failed to accurately evaluate the price provisions of the competing proposals to the disadvantage ofAccion Community Center. Per Code Section 18-86(a), the award of an RFP is not made principally on the basis of price. Of the 100 percent evaluation criteria, fees for services was allocated a 20 percent threshold, which was 60 out of the total 300 evaluation points. Of those 60 points, the evaluation committee awarded Accion a total of 50 out of 60; and Transportation America, 52 out of 60. The fee proposals were presented as follows: The total contract amount for Transportation America was a little over 1.313 million, and Accion Community Center submitted 1.302 million. What the committee considered, however, was that the contract term was for one year with four additional one-year renewal options. Over the course of the one-year contract term and the first and second year renewal options, Transportation America's fee proposal was lower than Accion Community Center. The renewal options are never guaranteed. It's not until the third and fourth one-year renewal options that Transportation America's fee proposal began to exceed the amounts proposed by Accion. The difference between the two proposals was only $11,328. This represents less than a 1 percent difference of the total contract amount. Accordingly, a two point scoring differential is therefore consistent with price submittals that are less than 1 percent of the overall contract amount. The City believes that protest contention number two must also be rejected and denied. The third contention was that the City ofMiami and the selection committee inaccurately portrayed and assessed the financial strength ofAccion Community Center and Transportation America. In the evaluation criteria, financial capability was allocated 10 percent scoring, which is 30 points out of 300. It is a fact that in Accion's proposal, they included a copy of their 2010 Form 990 income tax return, which revealed the following. They formally reported negative total net assets or fund balances to the IRS (Internal Revenue Service) for $19,934 for the 2010 filing year and $10, 374 for the 2009 filing year. Conversely, Transportation America reported positive cash flow of $6, 946 in their audited financial statement for the year ended December 31, 2009. Regarding protest contention number four, that the City ofMiami and the selection committee failed to consider how certain factors in the pricing of the Transportation America proposal worked to the disadvantage of the elderly and especially handicapped riders. They also alleged that Transportation America will place an undue burden on non -ambulatory passengers and that Transportation America is going to charge and collect an additional fee to its client over and above its bid price. But in Section 3.2.1 of the RFP, it specifically states that the City will reimburse the selected proposer for the cost of each eligible trip. The RFP price line items state that the rates for both ambulatory and non -ambulatory trips are flat rates, which "shall include full compensation for labor, equipment use, travel time, and any other cost to the bidder." The fee for service per trip cost is paid by the City, not by the client or the customer or the rider. Because the service is free for qualfing clients, varying rates for ambulatory or non -ambulatory trips do not unduly burden non -ambulatory passengers. The RFP language does not allow Transportation America to charge and collect an additional fee to its clients over and above its bid price. The City reimburses that amount per the contract. Accion, in protest contentions number one through four, make allegations regarding what the evaluation committee failed to consider. Of note, however, is thatAccion nor counsel attended the public evaluation City ofMiami Page 60 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 committee meeting that was held on August 9, 2011 as evidenced by the meeting sign -in sheet before you. Also, since that time, Accion nor counsel have not requested a copy of the audio recording of this evaluation committee meeting. The meeting lasted two hours and fifty-seven minutes, during which time ample discussion and consideration was given to the two competing proposals. How then can Accion or counsel make knowledgeable accusations regarding what the evaluation committee failed to consider if they have no firsthand knowledge of what transpired during the meeting? The fifth contention is that Transportation America is not itself in the regular business of providing transportation services, that they are a broker or "shell corporation, " that ATS (Advanced Transportation Solutions) is a separate distinct corporation independent of Transportation America, whose sole purpose is to manage the members' interest in ATS. In their protest, they provided a Dun & Bradstreet report. In this report, it actually defines Transportation America's line of business as a local trucking operator. And RFP 274276 is for on -demand transportation services. In the dictionary, transportation is defined as the business of conveying passengers or goods. It matters not whether passengers or goods are being transported. Therefore, Transportation America's business experience is appropriately categorized as a transportation service provider. In Transportation America's articles of incorporation, they may engage in or transact any or all lawful activities or business permitted under the laws of the United States, the state of Florida, or any other state, country, territory or nation. In our Florida Statutes, the general powers of a corporation are broadly defined that Transportation America may make contracts of guarantee and suretyship which are necessary or convenient to the conduct, promotion or attainment of the business of a corporation, the majority of the outstanding stock of which is owned directly or indirectly by the contracting corporation. In this case, Transportation America owns 58.38 percent interest in ATS. Therefore, Transportation America is authorized to make contracts which are necessary or convenient to the conduct, promotion or attainment of the business of ATS. Accion also questions the wisdom and legality of allowing Transportation America to use dedicated assets of another firm as its own. But in RFP Section 2.10, subcontractors, the following is stated: Subcontractors are allowed by the City in the performance of the services delineated within this solicitation. Proposer must clearly reflect in its proposal the major subcontractors to be utilized in the performance of required services. Transportation America has complied with this reporting requirement. In its proposal, Transportation America clearly identifies the affiliated company/subcontractors to be utilized in the performance of these required services. Transportation America, as the prime proposer, is coordinating the services and associated resources of seven subcontractors to perform the required services in RFP 274276. This is specifically contemplated and authorized in the RFP documents. Transportation America's subcontractor listing is that they have a paratransit division, an urgent and non -urgent ambulance division, a non -emergency transportation division, an executive transportation division, a paratransit service provider division, a taxi transportation division, and a ground transportation division. Accion alleges that Transportation America's use of assets that are legally committed to another contract may be a violation of the terms and conditions associated with the contract between Miami -Dade County and ATS. On July 18, Transportation America formally certified and agreed to abide by all terms and conditions of RFP 274276. How Transportation America manages their assets with respect to Transportation America's contractual obligations are not within the control of the City ofMiami. Upon contract award, Transportation America will assess all asset commitments with regard to both contracts and make asset allocation adjustments as necessary. Accion alleges that Transportation America's proposal is in violation of their certification, that their proposer -- proposal "is in all respects fair and without collusion or fraud." That's a strong allegation. However, Accion makes this allegation without providing any pertinent documentation or supporting evidence. Section 1.18 of the RFP, collusion, requires Transportation America to certify that "its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same services." Only two proposers submitted proposals to this RFP. Is Accion therefore alleging that Transportation America is colluding with Accion itself because that is the only possible way that that could happen? On July 18, again, 2011, Transportation America formally certified and agreed to abide by all terms and conditions of RFP 274276. Accion cannot and City ofMiami Page 61 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 has not supported this claim and it must be rejected. Accion alleges that Transportation America "may possibly violate RFP general condition 1.22, conflict of interest." However, they do so without providing any documentation or evidence, nor do they identify with whom a potential conflict may exist. During the evaluation committee meeting on August 9, all voting members were required to certify formally on the record that they have neither an actual nor perceived conflict of interest with the proposers. All members did so on the record, August 9, 2011. Accion also alleges that Transportation America cannot comply with special condition 2.14, primary client, due to the fact thatATS has an existing contract with Miami -Dade County. That section of the RFP does not attempt to preclude the successful proposer from operating and fulling other contractual obligations. It solely clarifies the process by which schedule of conflicts will be resolved during a catastrophic event or other public emergency. That is all. In its protest, Accion requested several items for relief. In response to these requests, the City ofMiami has investigated each claim presented in the protest. We've further evaluated the proposals submitted by Transportation America, and we've determined that as prime proposer and a transportation service provider that meets the RFP minimum qualification requirements. They're coordinating the services of seven subcontractors to perform the required services. This is specifically contemplated and authorized in the RFP documents. We've determined that Transportation America is a transportation service provider that meets the minimum qualification requirements. We've determined that their proposal is compliant with the terms and conditions of the RFP. We've determined that there are no grounds or supporting evidence provided by Accion in support of their claim that the City ofMiami, the City Manager, the assistant City Managers, procurement personnel or the evaluation committee failed to abide by the law, regulatory requirements or somehow otherwise failed to evaluate Accion's proposal fairly. The City unilaterally rejects this assertion. We've also determined that Transportation America formally certified and agreed to abide by all terms and conditions of RFP 274276. Pursuant to Code Section 18-104(a)(2)c, "no facts, grounds, documentation, or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest." In conclusion, Accion has not submitted any substantive evidence in support of their protest claims. The protest is not meritorious of additional consideration. Accion, as the protestor, is required by the code of ordinances to provide "all pertinent documents and evidence" in support of their -- in protest. The burden of proof to provide all of these documents lies solely with Accion. Failure to having provide all pertinent documents and evidence at the time of protest filing shall mean a failure of having met mandatory protest of award requirements and Accion has failed to meet this burden of proof The recommendation is to deny, reject the protest of Accion Community Center, and uphold the City Manager's recommendation of award memorandum, dated August 10, 2011 and signed on August 16. The City, by and through its Department of Capital Improvements, stands by its recommendation to enter into contract negotiations with the top -ranked firm, Transportation America for on -demand transportation services. Your City ofMiami chief procurement officer, City Attorney, and City Manager all collectively agree with this recommendation both from a legal and a procurement perspective, and we did so by signing that formally on November 23, 2011. Chair Suarez: Thank you, Mr. Roberson [sic]. The way that want to structure this, Madam Clerk, if it's okay, is to allow the protesting party to have a ten-minute presentation, whoever represents them, then to allow the other party another ten minutes and no more. And any member of the public that wants to speak on this item, we will give them two minutes as is required by ordinance. And if it's a member of a homeowner's association, we'll give them five minutes. Priscilla A. Thompson (City Clerk): Chair. Chair Suarez: Yes. Ms. Thompson: Before we start, I just want to make sure that I have heard what was stated by City ofMiami Page 62 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Mr. Robinson [sic]. I heard him say that this is a quasi-judicial proceeding. Chair Suarez: Yes. Ms. Thompson: And being -- that being the case, I'd like to go ahead and administer the oath, please, and -- Chair Suarez: Yes. Ms. Thompson: -- you can take the testimony. Chair Suarez: Please do. Ms. Thompson: Okay. Chair Suarez: Thank you. Ms. Thompson: Then I will need my interpreter to also be here with me, okay? Chair Suarez: Thank you. Ms. Thompson: If anyone is here that is going to be speaking on this item that's before us right now, I need to administer an oath to you, so I will need you to please stand and raise your right hand. The City Clerk's comments were translated by official Spanish interpreter, Clara -Sylvia Orozco. The City Clerk administered oath to those persons giving testimony. The oath was translated by official Spanish interpreter, Clara -Sylvia Orozco. Ms. Thompson: Thank you. Chair Suarez: Ms. Urra, ifI may. Are you here on behalf of the -- your homeowner's association, correct, or --? Miriam Urra: Commissioner, I -- no. I'm here to make a statement on the Action transportation issue. Chair Suarez: Okay. Ms. Urra: Okay. May I? Chair Suarez: Yes, of course. Ms. Urra: Okay. Chair Suarez: I just wanted to see if you were in the five-minute category or the two -minute category. Ms. Urra: I'll be very fast. Chair Suarez: I'm going to put you in the five-minute category. Ms. Urra: I'll be very short. City of Miami Page 63 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: Give her five minutes, please. Ms. Urra: Good morning to all of you. My name is Miriam Urra, and I'm here representing Allapattah Community Action, Inc. We are a nonprofit organization that provide social services to the elderly, to the low-income elderly in the Allapattah area. We're here and -- to express our concerns to you on the issue of the transportation funds to the Action Community Center. Action Community Center is being providing transportation services to our elderly participant for more than 20 years on a daily basis. Our participants, they're pick up at their homes and transport to a center for services and back home. Our concern is deep regarding that Action will not be obtaining the funding that they have in the future -- in the past and won't be getting any funding for the transportation services because all of these individuals that you see here -- and of course, not all of them are from my agency, but I understand there are other agencies here present too that are on the same situation that we are. That these individuals that depend on the meals that we provide to them and other aid or services won't be able to come to our center. We don't know much about the other company. We don't know exactly what are the intentions on this situation. But I am really concerned that if the fundings [sic] are not given to Action Transportation [sic] Center, what I can say to you all is that our participants are going to be deprived of this services and that is going to stop this individuals here that are in need of this services are not going to be able to come. We have an elderly van that only transport 12 individuals and they make like three trips on a daily basis. We have approximately 200 individuals, sometimes a little bit more coming to our center. Some of them do drive, but not all of them. Most of them are in need of transportation. And l just wanted to pass our concern to you, Commissioners, that whatever happen today here regarding this issue is going to affect us drastically and we already like -- and if you allow me to say something -- andl know it has nothing to do with the issue. Am I allowed to mention something about the CDBG (Community Development Block Grant) funds? Chair Suarez: Go ahead. Ms. Urra: We are confronting a 34 percent cut in CDBG funds. And in all the years that I been around this City, I have never seen anything like that. It is something that it concern us all, that it's going to hurt our agency and all these individuals that are elderly and that are low income, very low income and as the hard situation with the economic problems that we are confronting now, it's going to get worse. We don't know what we're going to do. I want to thank you all for all the efforts that you have done andl am being informed of everything that is happening. You Commissioners are working hardly [sic] on trying to get something done and change at the Washington level. So with that, I left you -- you know, I -- we already concerned with the issue. We are scared also because we don't know if we going to be able to continue providing the services that we have in the past. There're going to be cuts drastically. And it's unfortunate it's always go to the people that are more in need, the poor, you know. It always come to the poor, unfortunately. But this is a concern that we already have and we don't need another concern like this, that our transportation is going to be cut. So I left you with that andl -- you know, I appreciate your concerns too. Thank you very much. Chair Suarez: Thank you, Ms. Urra. And thank you for the work that you do. It's very important to our community and we really appreciate it, and we want to -- I think you know that our board is committed to ensuring the possibility that there is no cuts in CDBG or maintaining them whole to the maximum extent possible. I just have one question for the Administration, and then I'll let my colleagues jump in on this. Is -- if we were to uphold the -- I'm sorry, if we were to deny the protest, would there be a change in services to the residents? Would they be in any way impacted negatively? Because there is, I think, that perception out there -- Ms. Urra articulated it very well -- that if we were to change companies, we would somehow be doing less in terms of services or -- because my understanding of this is we're doing this -- if we do it, it's because this is the best company to do this. City of Miami Page 64 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Johnny Martinez (City Manager): Right. Chair Suarez: So I don't know if you can maybe shed some light on that. Mr. Martinez: And the company's going to provide the same services. It will not be diminished. I mean, at the end of the day, the altruistic purpose of this is to provide the service to the elderly and that will not be compromised. We went through a transparent RFP process. Ken gave a presentation that was very organized, very detailed He actually kept my attention going because I usually lose it in about three minutes and he kept my attention on this andl -- you know, what else can I say. The services will be in place -- Chair Suarez: Thank you, Mr. Manager. Mr. Martinez: -- regardless of which company does it. Chair Suarez: Let me -- should open up --? Okay. Are you going to be --? Okay, go ahead. Do you want the five minutes? Mariano Cruz: Yeah, sure. Commissioner Gort: Let's do the presentations. Mr. Cruz: (UNINTET,TIGIBT,F). Chair Suarez: Okay. Are you going to present on behalf of Accion, sir? Henry Flood: Yes. Chair Suarez: Okay. Mr. Cruz: Okay. Chair Suarez: Would you prefer -- would you mind if he went first? Mr. Flood: That would be good if he -- Chair Suarez: Okay, great. Mr. Cruz: Okay. Chair Suarez: Five minutes -- Mr. Cruz: Sure. Chair Suarez: -- Mariano. Mr. Cruz: Mariano Cruz, 1227 26 Street, as my residence. I am also in ABDA (Allapattah Business Development Authority), 2634 Northwest 21 Terrace, both in Allapattah, local. And first, I was trained and a social worker in the Little Havana in the late '70s andl was the first social worker in Allapattah Community Action. And know firsthand what Accion was doing there because in the '70s, all the transportation there at 815 North -- Southwest 12 Avenue in the Little Havana Center there was provided by Accion, I knew. And also, Accion got people working like Octavio Blanco that we worked together for many years together in transportation to -- in the taxi company and the BRAG Brotherhood of Railway [sic]Airline Clerks, the union. And when I see the names there and I look at the names in the title, Bermudez for Dade County City of Miami Page 65 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Transportation. It's not that the same agency that lost millions of dollars of federal grants because they didn't know how to do the paperwork and you put him here as an expert in transportation. Just the other day they were talking about him in the paper about the -- how (UNINTELLIGIBLE) approve and all those people there in 32ndAvenue there because I know they are there in Melrose close to me. And another thing, I look at the address -- I couldn't see because the paper don't say the name of the officers or the address, a local company. I didn't know that 27-something Northwest 62 Avenue was in the City limits. That's unincorporated Dade County. That's not Dade -- that's not Miami. Now Accion is in Miami and serve Miami residents. They take it to the County (UNINTET,T IGIBT ,F), but Accion always have been there. Not only that -- and there is Mayor Regalado -- he doesn't like to say that, but Accion have been surviving because Mayor Regalado has given money from his office to Accion and many workers have been working there pro bono and without salaries, many of them just to stay with this -- what I call them clients -- not clients, their friends, the one they take from the Allapattah (UNINTELLIGIBLE) Center to home or to different place -- different -- Even people of the three towers that have the dining room, no, they go to Allapattah Community Action because they got their friends there, everybody. Andl think it's a -- I don't know what -- who the officers of Transportation America are. I don't know who they are because they put the names there, but you know, you can't see from back here. The PowerPoint is very impressive, but it doesn't impress me. What impress me is the names in the paper. And there was no names in the paper or address, just a general thing. But they, first, are not local. I don't know who the officers are, what political connection they got or what lobbyist they got or whatever because I don't know how many deals are done behind closed doors. Because if something is -- like you say in English, if it ain't broke, don't fix it. Thank you. Chair Suarez: Thank you, Mr. Cruz. Sir, you are recognized. We'll put ten minutes for your presentation. Mr. Flood: Thank you, Mr. Chairman. My name is Henry Flood andl representAction Community Center. In view of the fact that the City representatives had 18 to 20 minutes to make their make their presentation, it may not --10 minutes may not be sufficient to restate -- Chair Suarez: Would 15 be sufficient? Mr. Flood: Probably. Chair Suarez: Okay, we'll give 15 to each side. Mr. Flood: Thank you. Thank you, Mr. Chairman. As a preliminary inquiry, I think the question was partially addressed, but I'm not sure it was answered. What happens, Mr. Chairman, if the vote on RE.5 is less than that required to sustain the protest? Can anyone answer that ques --? Chair Suarez: Yeah. Can the Administration or the City Attorney's office answer that question? Rafael Suarez -Rivas (Assistant City Attorney): As a procurement item, a decision needs to be made by the Commission by a majority vote, so there would be a majority vote. If for some reason there is a tie vote, the Commission would still need to take action. Chair Suarez: His question is a little different. His question is, what if the board decided to uphold the protest; what would happen? I think that's what your question was, correct? Mr. Flood: Let me rephrase the question again. Chair Suarez: Sure. City of Miami Page 66 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Mr. Flood: What happens if the vote by the Commission is insufficient to either sustain the protest or deny the protest? That's the question. Mr. Suarez -Rivas: Well, that -- as I understand you, sir, that would only occur in terms of a tie. As it is a procurement item, the Commission has to take final action, so they will take final action by a majority of the members who are present, you know -- if they don't take final action today -- Mr. Flood: Okay, fine. Mr. Suarez -Rivas: Yeah, they would -- Mr. Flood: The -- Mr. Suarez -Rivas: -- make a motion that -- Mr. Flood: -- second question -- Mr. Suarez -Rivas: -- yeah, that it comes back. But they need to take final action to dispose of the matter. Mr. Flood: All right, fine. Mr. Suarez -Rivas: Okay. Mr. Flood: Thank you. The second question is with respect to RE. 6, if the vote is insufficient to award the contract to the intended bidder that you wish to award to, what happens? Mr. Suarez -Rivas: Well, you know, I'm not comfortable speculating. But in terms of your answer to this item, that is a contract award. Again, it's a procurement item. The City Commission needs to take action by, you know, what's contemplated is approving the award by a majority vote. If they did not do so, what I -- they would need to take final action on it. If they didn't take final action on it, they would have to think how they're going to address the procurement of this service on a continuous basis. Mr. Flood: Okay, fine. In my thinking if that happens, it probably constitutes some kind of deferral. Okay, Mr. Chairman. I ask that the full statement that accompanies the reading statement be entered into the record as if it were read and available to the public. The technical and legal assertions ofAction Community Center amount simply to this. We continue to assert that Transportation America is a broker and not a bidder and that public policy, counsels and simple prudence says that the City ofMiami should not be awarding contracts to brokers. Number two, Transportation America is a Subchapter S corporation whose sole purpose is to transfer income to investors who are partners in ATS, a separate stand-alone firm whose assets are obligated elsewhere. Number three, Transportation America is not an operating company and has little assets of its own. Although Trans -- number four, although Transportation America certified in its bid sheet that it was not subcontracting its work, the truth is it cannot do otherwise and this contravenes its representations in its RFP response. We assert that a bidder must keep its word and not be allowed to say one thing in its bid while intending to do something else . Number five, Transportation America does not own and control the assets ofATS. It merely has an investment position in another independent company whose assets are pledged elsewhere, namely to the Miami -Dade County paratransit contract. The proposed award is not in the public interest because the award merely funnels money to the investors of a Subchapter S corporation owned by Mr. Gonzalez and others unnamed. The position ofAction Community Center is that we believe that passive investment firms and their owners bend their knee at the altar of money, not customers or service. Section 2, assertions concerning fairness and equity of this process. Long before the RFP and the tendering of the Purchasing Department's recommended decision, City ofMiami Page 67 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 some unusual things happened in our view, that is, in the view ofAction. Number one, suddenly the City began having trouble funding and allocating money for a deemed essential service that it has funded for 38 years. Number two, then the City toldAction it would not receive a CDBG allocation in 2010 and that the City would seek surtax money to fund the service. Number three, for six to nine months in 2010 and '11, Action was without City funding, and yet, continued to provide the services as per its present grant contract agreement. Meanwhile, the City, claiming to be without funds, moved ahead with its ordinance to require a bidding process. We can only assume that CIP (Capital Improvements Program) and the Purchasing Department figured that Action Community Center would just fade away, being squeezed out by the City's now you see the funds, now you don't. But Action Community Center didn't fade away. We fulfilled the agreement. You would think that the City Purchasing Department would at least provide a courtesy copy of the procurement to Action Community Center and other potential minority bidders, but such is not the case and they're proud of it. Such courtesies are actually encouraged by the City Code at Section 18-86(c) (2). When I asked about such courtesies to minority contractors, the response of Mr. Robertson was simple. We did away with minority contracting in 2009. It's an amazing accomplishment, considering the social demographics of the City of Miami. Number eight, what about the bids. At leastAction Community Center can add up its numbers, but Transportation America could not do that. I believe if you can't add up your numbers, you can't do much else. As to the matter of financial capacity, there's an easy answer to that question, Commissioners. If for 38 years you provide a service with retained earnings of 10 to $40,000 a year and then suddenly through flip-flop funding, you're without your funding from the very city that says you are essential, of course you're going to have a negative balance in your statement. And what was the reward that Action Community Center got? Less solvent, a problem not ofAction Community Center's making. Andl might add they fulfilled the procurement. So when you think about the history of this, you can't expectAction Community Center to be happy with a process that looks rather odious to us. So what does justice look like? And that's what we're seeking in this quasi judicial hearing, Commissioners, is justice. You don't have to buy into this flawed process. You can take a second look. Like the Old Testament prophet Amos, you can deliver justice. As sovereigns, you can wash away the ugly smell of this process. By your vote, you can do more than sustain the protest. You've got lots of options. You can award the contract to a bidder where the overall price difference was less than 1 percent in year one and lower in the out years, someone with a track record. Remember, it's a negotiated contract. You can throw out this process as tainted under Code Section 18-86(c) (7) (b) (3). We don't relish giving a broker a second bite at the apple, but we're confident that we can bid in a process again that is clean and fair. The right thing to do, based on the facts and the contingents, is to simply reject all proposals and instruct the City Manager to reissue a solicitation. But why? Look at the kicker in item number four. Commissioners, here's the kicker. By making this service a procurement instead of keeping it as a grant or even a competitive grant, you actually lose out on other funding opportunities to get more money to support this important program. So much so do I believe that that I'm willing to help Action and the City acquire additional funding to support the program in the future, and that is why it should stay as a grant instrument and not a procurement instrument. A procurement instrument is a step back. And finally, you can just simply ignore all of this, select a transportation baron who will be grateful for the Subchapter S income, but what about the needy clients and their right to dedicated service? And in conclusion, I would say to the Commission and to the Procurement Department, with respect to the matter of collusion, which isn't proven definitively, we will withdraw that particular item. However, I have to tell you, when a procurement is within less than one half of 1 percent of the actual price, it does make you awfully suspicious about how the other bid numbers were obtained. So we withdraw the collusion question in the protest. Mr. Chairman, that concludes my statement on behalf ofAction Community Center. I thank all of you for your attention. Chair Suarez: And I thank you for respecting the time constraints. Amalia Magnan: Five minutes, please. City of Miami Page 68 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: Excuse me one second. Is the --? Let me give the other party an opportunity to rebut what was just said, and then we'll go, if it's okay with you, to the public -- Ms. Magnan: It's that we have to go. Chair Suarez: You have to go? I'm sorry. Would you be okay --? Yes, go ahead. And you're on behalf of which organization, I'm sorry? Ms. Magnan: My -- it's Action and we represent -- My name is Amalia Magnan. Chair Suarez: Okay. Ms. Magnan: And we represent Carol Manor. I will be brief. Chair Suarez: Okay. Ms. Magnan: Good morning. Chair Suarez: Give me one second. Madam Clerk, is there any issues or are we good? Ms. Thompson: No. I just need to know the time that you're giving her to speak. Chair Suarez: I'm giving her five minutes because she's -- Ms. Magnan: Five. Chair Suarez: -- on behalf of Carol Manor. Ms. Magnan: Five only. We have to go. Good morning, everybody. In -- on behalf of Carol Manor that we are the senior citizen and we need Action to go to the market every Thursday. That's it. And the first lady spoke for everybody very good. So it -- that's it. We need the transportation and they need their salaries. Thank you. Chair Suarez: Thank you, ma'am. Let me now go to the other -- if you don't mind, since you've already had a chance to speak on another item. Sir, you are recognized, 15 minutes. Ray Gonzalez: Thank you, Mr. Chairman. Good morning, and good morning, fellow Commissioners. My name is Ray Gonzalez. I am the president/CEO (Chief Executive Officer) of Transportation America. Just want to put on the record we concur with the City's position. I am here to answer any questions you may have. We'll be here in the audience until everybody speaks, ready to answer any questions. There will not be any interruption of service if this is awarded. We're here and we leave it up to you. Chair Suarez: Do you want to address any items that were brought up in the protest or any additional items? Mr. Gonzalez: Not at this moment. Chair Suarez: Okay, thank you. Mr. Gonzalez: Thank you. (Comments in Spanish not translated) City of Miami Page 69 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Moraima Alvarez (as translated by official Spanish interpreter, Clara -Sylvia Orozco): My name is Moraima Alvarez, and I live in a building. The name of the building is Carol Manor and is for people of low income. We need, we must, we should have -- we need that service of Action badly. We need it. We are low-income, poor people and we don't have money to pay a cab to take us to the groceries. I am asking on behalf of everyone that lives at Carol Manor to please help us. Otherwise, we'll starve to death if we don't have anyone to take us to buy our groceries. Chair Suarez: Thank you. Ms. Alvarez (as translated by official Spanish interpreter, Clara -Sylvia Orozco): A big kiss for everyone. And all the politicians that go there to ask for our votes -- Applause. Ms. Alvarez (as translated by official Spanish interpreter, Clara -Sylvia Orozco): -- to put your belts and tight your belts. That's it. Chair Suarez: Thank you. Unidentified Speaker: Before they leave, please take a look at their faces. Chair Suarez: I think we get it. Unidentified Speaker: Look at their faces. No, no, no, no. For real, look at their faces. Chair Suarez: Of course, yes. Been -- Unidentified Speaker: Okay? Chair Suarez: -- looking at them for about four hours. Thank you. (Comments in Spanish not translated). Thank you. Ileana Arriola: Good morning. Chair Suarez: Good morning. Ms. Arriola: Ileana Arriola, 800 Northwest 13th Avenue, Apartment 1014, Miami, Florida 33125. I go to Allapattah Community Center gladly and proudly. I've been helped there a lot. When -- even though I've been working since I was a teen andl -- when I been in need, they have been able to feed me. There I have seen 40 to 50 person a day being transported by Accion, okay. If you would have happened to vote against Accion, do you know how many people would vegetate in their home and not be able to get out? Just take a look at the room. Take a look at the room. We're all senior citizens. Even though I'm sixty-two and a half, I am a senior citizen. Guys, ifyou get to be our ages, you might need Accion. Accion is not just to bring us to the community centers, anywhere else, but they do it so proudly and lovingly. I do ask for you to vote in favor of Accion. I used to live in Commissioner Willy Gort and he was very proudly to help us out in everything. Commissioner, we are in your hands. Commissioner Carollo, I live in your section now, so we ask you to please help us. Chairman Francis Suarez, you have all the elderly people living in your place. Please help us out. We don't ask for much. Just remember, your mothers, your fathers, your uncles and other family members might be in those needs. Don't be like other politicians that they do use their mother as I'm going to help you out, senior citizens, and then give us all backs. Chair Suarez: Thank you. City of Miami Page 70 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Ms. Arriola: Andl do not have to mention who. Chair Suarez: Thank you. Ms. Arriola: Please help us out. Thank you so much. Chair Suarez: Thank you, Ms. Arriola: Applause. Chair Suarez: Mr. Manager, I have a question before the next person proceeds. And that's -- it -- it's been a recurring theme you've heard from the public that they're concerned that if the Commission were to change the vendor that they would somehow have a diminishment in services, that, you know, they would -- that the ordinary services they receive, going to the grocery store (Comments in Spanish), you know, and all that would no longer be available, and that's not what I'm getting from the Administration. So I want to see if you can explain that inconsistency. Mr. Martinez: I will go on the record to say that the services will not be diminished. The people will not be stuck in their apartments not being able to go get groceries and attend the things that they've been attending to. The services will continue at a better -- I guess a better price at the beginning in the first few years. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I want to first say that -- I mean, it's no secret. Early on, when Mr. Martinez first came to the Commission, you know, I was critical of him. However, I -- you know, andl stated it publicly, you know, that definitely made a statement that would work with him andl am working with him andl think we're getting a lot of things done. At the same time, I must say that I think the statement that he made a little while ago is the best statement that he has made since the time that I've been here. And he said services will not be compromised. I want to make sure that everybody knows that up here, this Commission, the Manager, all of us have demonstrated that what we want is to provide more services. Andl want to be perfectly clear. IfAccion is not the company that does the services, that does not mean that you will not get the services provided. As a matter of fact, the people that came up here, Carol Manor, yeah, on Thursdays -- I can even tell you the Publix they take them to. It's in your district, Commissioner Suarez. Chair Suarez: Twenty-seventh Avenue. Commissioner Carollo: Twenty-seventh Avenue, yes. Chair Suarez: Yep. Commissioner Carollo: Yes. You know, we're all, you know, members of this community. We all live here. We all shop in the same places. And the truth of the matter is, what don't want is a misconception that iAccion is not the company, then we're not going to have transportation services, we're not going to be able to go to the grocery stores. We're not going to be able to go to el comedor. Andl want to say it in Spanish because let's be -- Chair Suarez: I think you should. City of Miami Page 71 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Carollo: -- pragmatic about this. Chair Suarez: Yeah, I think you should. Commissioner Carollo: The majority of the people here speak Spanish and they may not understand English, so I want to say it in Spanish. Chair Suarez: Excuse me one second. Let me just make sure -- You're okay with that, Madam Clerk? Ms. Thompson: We just need to make sure that once the Commissioner states it in Spanish, we need the English translation. Chair Suarez: Perfect. Okay. Ms. Thompson: Thank you. Commissioner Carollo: Thank you, Madam City Clerk. (Comments in Spanish). Ms. Thompson: No, no. It's fine. I will ask Commissioner Carollo to summarize in English for me when he's finished. Chair Suarez: Perfect. Ms. Thompson: We're fine. Go right ahead. Commissioner Carollo: I've said a lot, though. Chair Suarez: I think he -- well, how about this, 'cause he said all the statements in English and he's repeating them in Spanish, so would that be sufficient? Ms. Thompson: But I think there might have been a little bit more added, just a little -- Chair Suarez: Okay. Ms. Thompson: -- something here and there. Commissioner Gort: The problem is what you say in English, it takes two words; in Spanish, it -- Chair Suarez: Exactly. Commissioner Gort: -- takes six. Chair Suarez: Yeah. Commissioner Carollo: (Comments in Spanish). Applause. Commissioner Carollo: Do I do a translation or --? Ms. Thompson: Just a translated summary would help us. Just fill in -- just go right ahead for us. City of Miami Page 72 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Carollo: In English, what I have stated is that this Commission, the Administration, is committed to not only maintain the same amount of services, but increase services. We're here -- we're working up here in good faith andl want to make perfectly clear that ifAccion is not the company that provides this services, there will be another company that will be providing the services. And when all of you go to your supermarkets, your senior centers, that will not stop. It will continue. It just may be with another company. And what we're striving up here is to give you better services. My intentions are well. I mentioned that for the senior center that Ms. Urra heads, last year we had spoken and she had mentioned that she had reduced funding, they had cut fundings [sic]. And from my District 3 funding sources, I was able to allocate $10, 000 to her senior center and then I did not go to that senior center asking for votes or trying to get any -- boasting what had done. I actually didn't even go. So it was actually done out of good faith because, thank God, all the needs in my district had been taken care of last year. Thank you. Chair Suarez: Thank you, Commissioner. Miriam, would you like to -- I'm sorry, Ms. Urra, would -- Ms. Urra: Si. Chair Suarez: -- you like to just make a quick --? Ms. Urra: IfI may, yes. (Comments in Spanish). Chair Suarez: (Comments in Spanish). Commissioner Gort: She can translate in English. Ms. Urra: (Comments in Spanish). Applause. Ms. Urra: (Comments in Spanish). Chair Suarez: (Comments in Spanish). Ms. Urra: (Comments in Spanish). What I was saying, I was taking the opportunity to answer the Commissioner, Commissioner Frank Carollo, which is -- Chair Suarez: Yeah. Ms. Thompson: Excuse me. Ms. Urra. Ms. Urra: Yes. Ms. Thompson: What I -- in the interest of time, we let you go ahead with your speech. Now you would need to actually now make that statement in English. Chair Suarez: That's what I just said. Ms. Thompson: Right. All -- Ms. Urra: That's what I'm trying to say. Chair Suarez: Yeah. City of Miami Page 73 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Ms. Thompson: All of it, okay. Ms. Urra: Yeah, all of it. Ms. Thompson: Thank you. Ms. Urra: Well, let's see what I can say. I'm not an expert in translating a word by word, but I will say that came to here to explain my concerns andl was directing my concerns to Commissioner Carollo, thanking him for the $10, 000 that he in the past allocated to our agency. We are thanking him for that. That I said that I know him from a long time and that this is nothing personal. Our concern is our participants. I also said that we don't know much about the other agency. This is nothing personal against anybody, not -- of course, nothing to do with Commissioner Carollo at all, aside from whatever agency he's supporting. I am concerned in a sense about the other agency getting the funding and our agency being -- not getting the transportation or an ongoing transportation. It might stop at any time. I don't know how this agency might be working in the case they're awarded the funds. All said is that these people need to continue coming to our agency. We came here to support Action because that's an agency that has been supporting our agency's providing services without stop, even when they did not have any funding at a certain time. So we are thanking them for that and the reason that we came here to clarify certain things because we have a lot of questions in regards to the other company. We don't know much about them. We don't know what they do. We don't know if they charge or if they may charge, we're going to be having a big problem because our participants do not disposal -- they don't have any funding to support any type of charge regarding their transportation services. I'm not saying that they do. I'm saying that came here with no personal intentions. It's nothing personal. It's just a matter of supporting an agency that has been providing services to us for more than 20 years even though at a time when they did not have any funding. So -- Chair Suarez: Thank you, Ms. Urra. Ms. Urra: -- with that, I let you -- thank you for allowing me to clarify and -- Chair Suarez: Thank you. Ms. Urra: -- claming, Commissioner, and thanking him for his assistance . Thank you. Chair Suarez: Thank you. This is not a public hearing, so we've allowed people from the public who obviously have been here and are very passionate about this issue to speak. I'd like for the Administration to answer Ms. Urra's questions regarding any charges or fee for services, and then we'll bring it back to the Commission for a decision. Thank you. Albert Sosa: Albert Sosa, director of Capital Improvements and Transportation. I'll answer it in Spanish and then I'll translate into English. (Comments in Spanish). To translate that into English, I clamed that there are other agencies with these types of contracts that do require the end user to pay a portion of the service. In the case of this service that we're dealing with today, there is not a charge for the services. The City ofMiami is absorbing and paying for 100 percent of the services offered as part of this contract and there will be no charge to the end user. Thank you. Commissioner Gort: May I ask a question? Chair Suarez: Thank you. Yes, Commissioner Gort -- Commissioner Gort: Let me -- City ofMiami Page 74 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: -- and then I want to -- Commissioner Gort: -- ask you a question. Chair Suarez: -- make a statement. Commissioner Gort: My understanding, all the services that are being provided, even if it's additional service, will be within the price that was quoted, nothing above that. Mr. Sosa: The solicitation, as it's written, is a price per trip. So depending on the number of trips that there are in a given time period, we will reimburse the service provider according to the trips provided. It is not a lump sum contract. Commissioner Gort: My understanding is if they go above the trips, there's required the amount that they expose, we'll pay additional funds. Mr. Sosa: It -- Commissioner Gort: That's what my understanding of this. Mr. Sosa: The City is paying on a per trip basis. Commissioner Gort: I understand. The grant -- my understanding it's not a grant. It's a proposal for 200 -- what is it? What's the amount? Mr. Sosa: It's approximately $250, 000. Commissioner Gort: Two hundred and fifty thousand. How many trips for 250,000? Mr. Sosa: Approximately 12,500. Commissioner Gort: If they go beyond 12,500? Mr. Sosa: Again, the City pays on a per trip basis, so regardless of which user -- or which -- whoever gets the contract, if there's only 10,000 trips provided, we only pay for 10,000 trips. If we see as an administration that the amount of users has increased and we expect it to go beyond 12,500 trips, we will come back to this Commission to seek authorization to increase the capacity of the contract -- Commissioner Gort: Okay. Mr. Sosa: -- to be able to cover those trips. Commissioner Gort: Got you. Thank you. Appreciate it. Chair Suarez: Anything else, Commissioner? Commissioner Gort: Yeah. Let me tell you the history of the transportation for the elderly. Most of the agencies, they have their own transportation being provided by grants given by the -- either the federal government, ourself, or someone. Accion at one time used to have funds from the CDBG. I don't know for what reason the Commission at that time took that money away from them. I don't know if it was political or what, but the funding was taken away. They were providing a service at that time. We didn't want it to eliminate that service because it was very important, as we can see here. I'm looking at the prices and the quotes and the difference is very minimum. And let me tell you, Transportation American [sic], I think is a great company. I City of Miami Page 75 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 think they provide great services. They're doing a great job with the Miami -Dade County and providing the service, so I don't have any question about Transportation American [sic]. I do have a problem; Accion has been providing it for 38 years and, as you know, Commissioners, senior citizens, if something's not going wrong [sic], they going to call you. I have never received a complaint on anyone against Accion. On the contrary, I get calls telling me how good of service they do. I'm sure Transportation American [sic] can provide the service. But let's face it, they have multimillion dollars contracts. This is a $250, 000 contract. And the (UNINTELLIGIBLE) was saying that they're truck transportation. My understanding is the procurement says transportation is transportation. When you compare travel and putting people in trucks or trains to -- there's a difference. Transportation, yes, is transporting people from one place to another or transporting merchandise from one place to another. But there're vehicles that you use for different type of transportation; they're not all the same. So we not qualf them all the same. And for that reason, I'll be frank with you. I think Transportation American [sic], as I stated before, is a great company, they do a lot of good work. I would like to see Accion stay, to tell you the truth. Chair Suarez: Thank you, Commissioner. Commissioner Carollo, do you have any other --? I have some things I want to say, too, but go ahead and -- Commissioner Carollo: No. I'll yield to you. I mean, you know, just some of the things that I'm seeing, I mean, out of -- I don't know if it was points, but 17 out of 18, could you elaborate on that, Mr. Robertson? Mr. Robertson: Correct. The RFP had six evaluation criteria and there were three evaluators. Six times three is eighteen individual categories. Seventeen out of the eighteen categories were Transportation America was ranked number one. Commissioner Carollo: So overwhelmingly -- Mr. Robertson: Overwhelmingly. Commissioner Carollo: Yes. And then you're saying that yourself which I have to admit, I think you've been doing a great job. I really do. I commend you on -- Chair Suarez: I second that. Commissioner Carollo: -- all the jobs that -- Mr. Robertson: Thank you, Commissioner. Commissioner Carollo: -- you've been doing. And not just on this. Chair Suarez: No, no. Commissioner Carollo: Just -- Chair Suarez: I second that. Commissioner Carollo: -- throughout your tenure here -- Chair Suarez: Overall. Commissioner Carollo: Yeah, your professional manner and everything. I really do want to commend you on that. Also, the City Attorney is also, you know, 100 percent in support of this and our City Manager. So I'm just, you know, pointing out that, realistically, it really appears City of Miami Page 76 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 like, you know, this is the route we should take. And pretty much, I just wanted to say something to that effect and I'll yield to you, Commissioner Suarez. Chair Suarez: Sure. Mr. Robertson: Mr. Chairman. Chair Suarez: Sure. Mr. Robertson: May I clarify one issue, please? Chair Suarez: Sure. Mr. Robertson: This point was raised by Mr. Flood where there was a statement made that the Purchasing Department did not provide a courtesy copy of the RFP to Accion. We personally e-mailed (electronic) the RFP to Ms. Albo on Wednesday, July 6 after the RFP was advertised. She then reached out to my office and we printed out a hard copy for her and she personally sent a staff member to come pick up the RFP that Friday, on July 8. So I reject their assertion that we somehow did not provide them a copy of the RFP. I just wanted to put that on the record. Chair Suarez: Thank you, Mr. Roberson [sic]. And I'm going to try to make it quick with my comments in Spanish and then translating them to English. (Comments in Spanish). I just want to reiterate what Commissioner Carollo said. I have been a staunch supporter of the Allapattah Comedor, giving them last year a thousand dollars; this year, forty-seven fifty. You know, it's a reflection of this Commission's sincere desire not to reduce the funding for meals and we know how critical that is to the psyche and the well-being of the citizens of this community. I'm also a member of the Alliance for Aging board, which provides funding for Allapattah and also provides funding for Accion. Andl have constantly supported efforts in the -- through an RFP process, by the way, because they did an RFP process as well -- to give funds to those organizations. And it was a competitive process. They won, and you give the funds according to that process. You know, what has concerned me throughout this year is I think the Commission was very clear. We gave Accion a second opportunity by extending their contract for a year when there were some serious issues about their financial condition and we went to a public RFP process. And the professional staff whose sole interest is to ensure that the residents of the City ofMiami are getting the best quality service from the best company, ranked the recommended company favorably in 17 out of 18 categories. That's almost unanimously. You know, obviously for people who are older, elderly, anything that changes -- any change is always very, you know, fearful -- they're very fearful. But you know, not all change is for the worse. So I just wanted to reiterate that and say, you know, one of the things that also concerned me throughout this process is that on many occasions the actions that we took as a Commission were being misconveyed [sic] to the public. You know, we took an action to extend the contract and we -- you know, the public was told either on radio or in person that we had eliminated the contract. And that to me, you know, obviously, you know, left a bad taste in my mouth. In any event, I just want to say in Spanish the last thing thatl said, which was (Comments in Spanish). I think I've said enough. I'd like to now close the public hearing; coming back to the Commission. Is there a motion? Commissioner Carollo: Yes. I make a motion for approving the chief procurement officer's recommendation. Chair Suarez: The motion is to deny the protest and approve the chief procurement officer's recommendation. Is there a second? I second the motion. Commissioner Gort: The motion was moved and second. Any further discussion? Being none, all in favor, state it by saying jfes. " City ofMiami Page 77 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 RE.6 11-00754 Department of Capital Improvements Program Chair Suarez: Aye. Commissioner Carollo: Aye. Chair Suarez: Yes. Commissioner Carollo: Yes. Commissioner Gort: No. Chair Suarez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TRANSPORTATION AMERICA, INC., IN SUBSTANTIALLY THE ATTACHED FORM, TO OPERATE AN ON -DEMAND TRANSPORTATION SERVICE THROUGHOUT THE CITY OF MIAMI ("CITY") FOR THE LOW INCOME ELDERLY AND/OR THE DISABLED, FOR THE INITIAL ONE YEAR TERM, IN THE AMOUNT NOT TO EXCEED $249,857; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 11-00754 Summary Form.pdf 11-00754 Legislation.pdf 11-00754 Exhibit 1 SUB.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0047 Chair Suarez: Do you think we can take up RE.6 quickly or do you want to do that after lunch? 'Cause it's 10: 57 [sic]. Commissioner Gort: What happened? Chair Suarez: You want to do it now? Okay. RE.6, the companion item. Rafael Suarez -Rivas (Assistant City Attorney): It's to award the contract. Chair Suarez: Right, but -- Mr. Suarez -Rivas: Should be a short item. Chair Suarez: Yes, it should, but I just want to make sure that, you know, we can do it within the time frame. Go ahead, Mr. Sosa. You're recognized for the record. Albert Sosa: Albert Sosa, director of Capital Improvements. This resolution is authorizing the City Manager to execute a professional services agreement with Transportation America, in the City of Miami Page 78 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 amount of $249, 857 for the first year, to operate on -demand transportation services within the City ofMiami. The purpose of this service is to continue providing on -demand transportation to the low-income elderly and/or the disabled. The service is funded by the City's share of the transit surtax. Commissioner Carollo: So move. Chair Suarez: It's been moved by Commissioner Carollo. Is there a second? Commissioner Gort: I'll second for the discussion. Chair Suarez: Second by Commissioner Gort. Commissioner Gort, you're recognized for the record. Commissioner Gort: I'm the one -- my district is the one that receive the direct services of this company. I want to make sure that they know what they doing. I want to make sure that they can follow the same pattern that's being followed for 38 years. Like you said, people don't like changes and these people are used to it. So I want to make sure -- Administration said they're going to make sure -- you guys are saying you're going to make sure that the same services can be provided. I also like to change it with the approval of next year, they have to come back in front of the Commissioners, not by the Manager. Chair Suarez: That's a friendly amendment to the motion. Does the maker accept? Commissioner Carollo: Absolutely. Chair Suarez: The maker accepts. It's been moved, as amended, and seconded. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Motion passes unanimously. I'm sorry, RE (Resolution) passes unanimously. We're going to break for lunch until 2 p.m., at which point we will take up the -- Commissioner Carollo: RE -- Chair Suarez: -- changing stations. Commissioner Carollo: -- 4, the changing -- Chair Suarez: Thank you. Commissioner Carollo: Thank you. RE.7 RESOLUTION 12-00015 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management and ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO Budget THOSE LISTED IN RESOLUTION NO. 12-0011 AND RESOLUTION NO. 12-0015, ADOPTED JANUARY 12, 2012, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. City ofMiami Page 79 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 12-00015 Summary Form.pdf 12-00015 Legislation.pdf 12-00015-Exhi bitl -SU B. pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff R-12-0050 Chair Suarez: RE.7. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.7 is a resolution appropriating new funding sources to be used as part of our capital improvements plan, as well as reappropriating funds between ongoing projects. I'd like to pass out a floor amendment to this item as we begin. Chair Suarez: No more Homeland -- Commissioner Carollo: Hold -- Chair Suarez: -- Defense bond money, though. Commissioner Carollo: Yeah, yeah, hold on. Chairman Suarez. Chair Suarez: Yes, please, please. Commissioner Carollo: Is that including --? Okay, there's a separate -- right? Chair Suarez: Okay, go ahead. I'm sorry. Sorry for interrupting you. By the way, for all those that are out there, this was the one that Commissioner Carollo was talking about. There is close to, if not more than, $2 million of Homeland Security bond money being spent and allocated on this item. Sorry ifI stole your thunder on that one. Commissioner Carollo: No. Mr. Sosa: The floor amendment is highlighted on the second sheet. It's basically a new project that we're creating. Last Friday there was an incident at the police headquarters regarding a sanitary sewer line that, for lack of a better word, exploded. And we're creating a project to, very quickly, restore the sanitary sewer service to the police headquarters. That is the content of floor amendment. Chair Suarez: Does the maker modi -- does the maker -- we don't have a motion? Commissioner Carollo: (UNINTET,TIGIBT,F). Chair Suarez: I'm sorry then. Somebody want to make a motion? Commissioner Carollo: So moved. Chair Suarez: Moved, as amended by Mr. Sosa? Commissioner Carollo: Yes. Chair Suarez: As amended. Second as amended? Yes. All in favor, signift by saying aye." City of Miami Page 80 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 RE.8 11-01220 Department of Risk Management RE.9 12-00110 Department of Risk Management The Commission (Collectively): Aye. Chair Suarez: RE.7 passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY REGARDING THE PROVISION OF THE CITY OF MIAMI'S GROUP BENEFITS DENTAL PPO INSURANCE PLAN; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; EXTENDING THE EXISTING AGREEMENTS FOR A PERIOD NOT TO EXCEED FOUR (4) MONTHS OR UNTIL THE PENDING PROTEST IS RESOLVED, WHICHEVER OCCURS FIRST, IN AN AMOUNT NOT TO EXCEED $50.17 PER EXECUTIVE EMPLOYEES AND $153.35 PER EXECUTIVE EMPLOYEES AND THEIR FAMILY FOR THE DENTAL PPO INSURANCE PLAN, AND $36.81 PER ALL OTHER EMPLOYEES, $75.80 PER EMPLOYEES AND THEIR DEPENDENT SPOUSE, $75.13 PER EMPLOYEES AND THEIR DEPENDENT CHILDREN, AND $134.02 PER EMPLOYEES AND ALL DEPENDENTS FOR THE DENTAL PPO INSURANCE PLAN. 11-01220 Summary Form.pdf 11-01220 Emergency Finding - Dental PPO.pdf 11-01220 Letter - Reco. Eval. Cmmte.pdf 11-01220 Summary Evaluation Sheet.pdf 11-01220 MetLife.pdf 11-01220 Legislation (Version 2).pdf 11-01220 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff Note for the Record: Item RE.8 was deferred to the Commission Meeting scheduled for February 23, 2012. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY REGARDING THE PROVISION OF THE CITY OF MIAMI'S GROUP BENEFITS DENTAL HMO PLAN; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; EXTENDING THE EXISTING AGREEMENTS FORA PERIOD NOT TO EXCEED FOUR (4) MONTHS OR UNTIL THE PENDING PROTEST IS RESOLVED, WHICHEVER OCCURS City of Miami Page 81 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 FIRST, IN AN AMOUNT NOT TO EXCEED $12.18 PER EMPLOYEE AND $30.52 PER EMPLOYEES AND THEIR FAMILY FOR THE DENTAL HMO PLAN. 12-00110 Summary Form.pdf 12-00110 Emergency Finding - Dental HMO.pdf 12-00110 Letter- Reco. Eval. Cmmte.pdf 12-00110 Summary Evaluation Sheet.pdf 12-00110 Letter- Group Renewal.pdf 12-00110 Paragon Group Dental Benefit Contract.pdf 12-00110 Legislation (Version 2).pdf 12-00110 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff Note for the Record: Item RE.9 was deferred to the Commission Meeting scheduled for February 23, 2012. RE.10 RESOLUTION 11-01217 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, INTERLOCALAGREEMENTS, PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED, AND AMENDMENTS, EXTENSIONS AND MODIFICATIONS, AS APPLICABLE, IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDREN'S TRUST CONTRACT, RESPECTIVELY, WITH THE FOLLOWING DESIGNATED SERVICE PROVIDERS: (A) CHOICES ET AL, INC., A FOR -PROFIT CORPORATION, IN AN AMOUNT NOT TO EXCEED $7,920, (B) THE SCHOOL BOARD OF MIAMI-DADE COUNTY, IN AN AMOUNT NOT TO EXCEED $522,861.42, AND (C) THE CLERK OF THE COURT OF THE ELEVENTH JUDICIAL COURT, IN AN AMOUNT NOT TO EXCEED $3,164.25, EACH FOR A PERIOD COMMENCING NOVEMBER 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS, AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS. 11-01217 Summary Form.pdf 11-01217 Email - Continuing Srvc. Auth. - Contract #1110-1440.pdf 11-01217 Collaboration Contract #1103-1930.pdf 11-01217 Email - Year 2 Funding Reco.pdf 11-01217 The Children's Trust - Resolution 2012-06.pdf 11-01217 Legislation (Version 3).pdf 11-01217 Exhibit 1.pdf 11-01217-Submittal-Memo-Office of Grants Admin.-Original and Revised Rersolution and Updates Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff City of Miami Page 82 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 R-12-0049 Chair Suarez: We are now going to move to RE.10, which is the interlocal with the Children's Trust, andl want to thank them for their patience in, you know, waiting and -- you know, they -- we had been requested that it be -- you know, that we wait till the afternoon. We did. And then we were asked to bring it to -- as the first item and Commissioner Spence -Jones had an item, so I wanted to respect her wishes. Thank you. Lillian Blondet (Interim Director, Grants Administration): Thank you. This item was continued from the last meeting. I wanted to read it first, if you allow me to, and then we can address the questions that were raised in the last meeting. Chair Suarez: Yes. Ms. Blondet: Lillian Blondet, office of Grants Administration. This is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to negotiate and to execute, after consultation with the City Attorney, service authorization letters, interlocal agreements, professional service agreements, in substantially the attached form, amendments, extensions, and modifications, as applicable, in compliance with the related form of the Children's Trust contract, respectively, with the following designated service providers: Choices Et Al, Inc., a for profit corporation, in an amount not to exceed $7,920; the School Board ofMiami-Dade County, in an amount not to exceed $522, 861.42; and the Clerk of the Court of the Eleventh Judicial Court [sic], in an amount not to exceed $3,164.25; each for a period commencing November 1, 2011 through July 31, 2012, with options to renew for up to two additional similar periods at the same not -to -exceed amounts under the same terms and condition. This is a contract or funding that comes from the Children's Trust that we accepted in a meeting in December and this is a continuation where we would allocate the funding to the providers of that program. In the last meeting we were asked to review the provider's agreement to make sure that we tied in the language so that they would be -- the City will not be held responsible or that we would have some protection if there was a disallowance identified in a future audit. The Legal Department worked with us in reviewing the contracts and added even more language than we had before and addresses those issues. There's hold harmless indemnification clauses and language throughout the contract; about eight areas in the contract that that's addressed. It's a reimbursement contract that if the items are not in compliance with the contract, the budget, we won't approve them. And if we approve them by any chance, the Children's Trust most likely will not approve it. So we have procedures in place to also catch many of these payments that may be disallowed in the future. Chair Suarez: Thank you. Coming back to this Commission, is there a motion? Commissioner Spence -Jones: First of all, Commissioner Carollo, was the one that had -- Chair Suarez: Yes. Commissioner Spence -Jones: -- the issue, so I think that we need to make sure he's -- his issues were addressed. Commissioner Carollo: I would like to know from Legal if possible, Madam City Attorney, do we still bear the risk or is there -- is there some type of protection that the City may have for use of funds that are disallowed where we do not have to pay for those? Robin Jones Jackson: Robin Jackson, Assistant City Attorney. Thank you, Commissioner, for the question. Yes, there are protections, as there always have been in this series of trust contracts. If something is paid in error or if a provider submits something and it turns out to have been an inappropriate expenditure, there is a clause and actually several clauses and City of Miami Page 83 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 protections where the provider must immediately refund the money to the City to refund to the Trust because it's a pass -through. And also, there's a protection that both the provider and the Trust, the provider and the City can go through audit procedures. There is an update that occurs annually for that. And there are indemnifications that survive this professional services agreement as well as the Trust contract so that the City and/or the Trust can, in their discretion, can enforce. So there are several places for the repayment and several places for follow-up audit, several places for indemnification, hold harmless, and repayment to the City and the Trust. Commissioner Carollo: So in your legal opinion, is the City protected then? Ms. Jackson: Yes, sir. Commissioner Carollo: That's all needed to hear. Ms. Jackson: Thank you. Chair Suarez: Is there a motion? Commissioner Carollo: So moved. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Spence -Jones. Any further discussion? Hearing none, all in favor, signify by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Item passes unanimously. Ms. Blondet: Thank you. Chair Suarez: Yes, Madam Clerk, did you say -- okay. Commissioner Carollo: Nope. END OF RESOLUTIONS BOARDS AND COMMITTEES Chair Suarez: There's one thing that the Clerk brought to my attention in the recess -- there was one thing that the Clerk brought to my attention in the recess, which was if we could -- because a lot of the board appointments require a four fifths, if we could defer all the board appointments for the next Commission meeting. Priscilla A. Thompson (City Clerk): But we will need the third person -- Chair Suarez: Of course. Ms. Thompson: -- here so we could vote on -- Chair Suarez: No, I -- There you go. So there's a motion to defer all the board appointments until the next -- would it be the next Commission meeting or two --? Ms. Thompson: The next like meeting, so continue -- Chair Suarez: The next like meeting. Is there a second? City of Miami Page 84 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 BC.1 12-00039 Commissioner Spence -Jones: You have a second. Chair Suarez: Commissioner Spence -Jones is a second. Any further discussion? None. Hearing none, all in favor, signify by saying iiye. " The Commission (Collectively): Aye. Johnny Martinez (City Manager): Commissioner -- Commissioner Spence -Jones: I just wanted to check with my fellow colleague over there, Commissioner Carollo, to make sure, you know -- you were stuck back there a little long so I just wanted to make sure you were okay. Commissioner Carollo: If you really want to know, it was a diaper change. It was one TV (Television) interview and then there was a diaper change. Commissioner Spence -Jones: Okay. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS DESIGNATED HEREIN. BC.2 12-00092 APPOINTEES: 12-00039 Arts CCMemo.pdf 12-00039 Arts Current_Board_Members.pdf NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Mayor Tomas Regalado Mayor Tomas Regalado Mayor Tomas Regalado Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff RESOLUTION City of Miami Page 85 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. BC.3 11-00991 Office of the City Clerk APPOINTEES: 12-00092 Audit CCMemo.pdf 12-00092 Audit Current_Board_Members. pdf NOMINATED BY: Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commission -At -Large Commission -At -Large 11-00991 Bayfront Park CCMemo.pdf 11-00991 Bayfront Park Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.4 RESOLUTION 12-00040 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 86 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 APPOINTEES: (Alternate Member) (Alternate Member) 12-00040 CEB CCMemo.pdf 12-00040 CEB Current_Board_Members.pdf NOMINATED BY: Commission -At -Large Commission -At -Large Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.5 RESOLUTION 12-00041 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. BC.6 11-00993 APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chairman Francis Suarez Commissioner Frank Carollo Commissioner Frank Carollo 12-00041 CSW CCMemo.pdf 12-00041 CSW Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff RESOLUTION 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: Mayor Tomas Regalado Commissioner Frank Carollo City of Miami Page 87 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Frank Carollo 11-00993 CRB CCMemo.pdf 11-00993 CRB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.7 RESOLUTION 11-00994 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.8 11-01206 APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo 11-00994 CTAB CCMemo.pdf 11-00994 CTAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez City Manager Johnny Martinez 11-01206 EAB CCMemo.pdf 11-01206 EAB Current_Board_Members.pdf City of Miami Page 88 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.9 RESOLUTION 12-00048 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Marc David Sarnoff Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo IAFF FOP AFSCME 871 12-00048 EOAB CCMemo.pdf 12-00048 EOAB Current_Board_Members.pdf 12-00048 EOAB FOP Memo.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.10 RESOLUTION 12-00090 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chairman Marc David Sarnoff City of Miami Page 89 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 BC.11 11-00997 12-00090 Finance CCMemo.pdf 12-00090 Finance Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Frank Carollo 11-00997 Health CCMemo.pdf 11-00997 Health Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.12 RESOLUTION 12-00054 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: (Citizen - Category 7) (Citizen - Category 7) (Architect - Category 1) (Alternate Member that Qualified Under One of the Qualifications - Category 8) NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo City of Miami Page 90 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 (Historian or Architectural Historian - Category 3) Commissioner Michelle Spence -Jones (Architect or Architectural Historian - Category 4) Commissioner Michelle Spence -Jones (Landscape Architect - Category 2) 12-00054 HEP CCMemo.pdf 12-00054 HEP Application Summary.pdf 12-00054 HEP Current_Board_Members.pdf 12-00054 HEP Applications.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.13 RESOLUTION 12-00042 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones 12-00042 Homeland CCMemo.pdf 12-00042 Homeland Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff City of Miami Page 91 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 BC.14 RESOLUTION 11-01208 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: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones 11-01208 MSEACCMemo.pdf 11-01208 MSEACurrent_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.15 RESOLUTION 11-01001 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. BC.16 12-00057 APPOINTEES: 11-01001 NAB CCMemo.pdf 11-01001 NAB Current_Board_Members.pdf NOMINATED BY: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff RESOLUTION City of Miami Page 92 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Frank Carollo 12-00057 PRAB CCMemo.pdf 12-00057 PRAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.17 RESOLUTION 12-00043 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: Chairman Francis Suarez Chairman Francis Suarez Vice Chairman Marc Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Michelle Spence -Jones 12-00043 PZAB CCMemo.pdf 12-00043 PZAB Current_Board_Members.pdf 12-00043 PZAB Applications. pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.18 RESOLUTION 11-01209 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. City of Miami Page 93 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 APPOINTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones 11-01209 UDRB CCMemo.pdf 11-01209 UDRB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.19 RESOLUTION 11-01004 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commission -At -Large Commission -At -Large Commission -At -Large 11-01004 VKBPT CCMemo.pdf 11-01004 VKBPT Current_Board_Members.pdf City of Miami Page 94 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 BC.20 12-00044 Office of the City Clerk BC.21 11-01226 Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 12-00044 WAB CCMemo.pdf 12-00044 WAB Current_Board_Members.pdf NOMINATED BY: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk ATTENDANCE BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO LILIANA DONES AS A MEMBER OF THE COMMISSION ON STATUS OF WOMEN BOARD. 11-01226 CSWAbsence Waiver CCMemo.pdf 11-01226 CSWAbsence Waiver Current_Board_Members.pdf BC.22 12-00091 Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff RESOLUTION City of Miami Page 95 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk RESIDENCY REQUIREMENT BYA FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO CARLOS MANUEL TRUEBAAS A MEMBER OF THE AUDIT ADVISORY COMMITTEE. 12-00091 Audit Residency CCMemo.pdf 12-00091 Audit Residency Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff BC.23 RESOLUTION 12-00103 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: AT -LARGE (AFSCME 1907) 12-00103 GESE CCMemo.pdf 12-00103 GESE Current_Board_Members.pdf 12-00103 GESEAFSCME Local 1907 Nominations Letter.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff END OF BOARDS AND COMMITTEES DISCUSSION ITEM DI.1 DISCUSSION ITEM 11-01023 Department of DISCUSSION REGARDING A COST ANALYSIS IN REFERENCE TO Management and MOVING THE CITY'S ELECTION CYCLE TO MIAMI-DADE COUNTY'S Budget ELECTION CYCLE. 11-01023 Summary Form.pdf DISCUSSED Chair Suarez: There are only two things left on the agenda, one of them is the cost analysis on the City's election cycle and the other one is the budgeting fee for signature events. I don't know if you want to take them up today or wait till a full Commission. City of Miami Page 96 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Spence -Jones: Well, I think that -- yeah, but on the cost analysis on the election, I mean, I know staff has been talking about this forever and ever. I mean, it would be -- I see Danny over there. He's coming to get you, Carollo. And they have asked over and over that this item -- they worked very hard on it. If they can at least present, and then I would ask for them still to brief the Commissioners on a one on one, which I think they've already been briefed. But I would like for at least the public -- the public has seen this on the agenda at least, what, four times? Chair Suarez: Fair enough. Commissioner Spence -Jones: Andl want to acknowledge the CityAttorney's office and our Clerk's office for doing -- and Budget for doing an outstanding job of pulling this report together. It was very detailed, very organized, and the information was very clear. So I'd like for you guys to at least present on that. I think it's important for us to do it. Chair Suarez: Andl agree with you. I just want to make one clarification. It was reported in the media recently that this was my proposal andl don't -- I think it's a good idea andl don't -- but I don't like to take credit for things that are not, you know, my idea andl don't think it's fair for me to do that. So I just wanted you to know that I corrected that particular source and I think they also wrote a correction on the paper to kind of highlight the fact that this was something that your leadership brought to the table and I don't -- you know, I don't think it's right for somebody to, you know -- Commissioner Spence -Jones: Well, let me just say this. At the end of the day, it's us. Chair Suarez: Right, right. No, yeah. Commissioner Spence -Jones: Okay. Chair Suarez: But -- Commissioner Spence -Jones: So -- Chair Suarez: -- it's your vision that brought us here and that's -- just like with the Believe campaign so. Commissioner Spence -Jones: I would go ahead and accept it. You know, sometimes you just have to accept it. But what I do want to say, I think the reason and the purpose of us doing this is really about us trying to figure out ways for us to save money. Chair Suarez: Right. Commissioner Spence -Jones: That's what -- that's -- what it led to and all the additional things that kind of grew from there, but the whole idea was to see how much money we can save and we're talking about almost a million dollars, which is -- Chair Suarez: More than a million, I think. Commissioner Spence -Jones: Right. So it's really important that we start to look at this 22 more times, meaning like -- Chair Suarez: Yes, yes. That's what we need -- Commissioner Spence -Jones: It it'd be nice -- City of Miami Page 97 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: -- to cover our budget deficit. Commissioner Spence -Jones: Right. Chair Suarez: Mr. Alfonso. Daniel Alfonso: Thank you, Commissioners. Daniel Alfonso, director ofManagement and Budget, City ofMiami. I'm going to start by saying that `I believe" this is a good idea. Chair Suarez: Good start, buddy. Mr. Alfonso: Okay. We have briefed all the Commissioners. But if you want to get right to the bottom line, go to page 9 of the package that we handed out. I think that that page kind of exemplifies what it is that we're talking about. The way we look at this in terms of a cost savings to the City is that in the year 2013, this City will face a citywide election and we're looking at this in terms of three options. If we do nothing, would be option one, or what I would like to say, that's not really an option. That's just status quo. The numbers that we have gotten from the elections department for the possible cost of a citywide election is on page 9, if you look at option 1. Chair Suarez: It's actually page 8 in the -- in what you gave us, but it's okay. Mr. Alfonso: There's also a page 8 which looks very similar -- Chair Suarez: Okay. Mr. Alfonso: -- but if you go to page 9. Chair Suarez: Okay. Mr. Alfonso: Should be tri-color, option 1, 2 and 3. Chair Suarez: There you go. Sorry. Mr. Alfonso: All right. Chair Suarez: I believe, I believe. Mr. Alfonso: I'm glad. Okay, option 1, general election in the City ofMiami, the projection that we have gotten from the elections department, it would cost us $931, 000 to have a citywide election in the City ofMiami. If there's a runoff, that could increase to a million five. So in effect, a citywide election in November of 2013 could cost as much as a million five. If we were to piggyback on the County's election of 2014, that is the August and November election, that would be August for the municipal election and then if there's a runoff, you do it in November, then the cost goes from 1.5 million down to $196,000. Commissioner Spence -Jones: That's crazy. Mr. Alfonso: So it's about a million three worst -case scenario. Obviously, if there's a runoff, et cetera. Chair Suarez: That's a perpetual savings. That's on an annual basis. Mr. Alfonso: Every two years when you have a City election for Commissioner districts, et City ofMiami Page 98 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 cetera, you stand to save a significant amount of money. This one, in particularly, is higher because it is a citywide, whereas with the districts it would be less, but still it's a significant amount of money. Chair Suarez: I gotcha. Mr. Alfonso: The option 3 is -- some Commissioners have expressed an interest in not having an August followed up by a -- Commissioner Spence -Jones: Wait, wait, wait, wait. I know, but I want to make sure. You got to go change, we'll wait. Mr. Alfonso: The other option that some Commissioners have asked us to look at was not to have an August with a runoff in November, but to have a November and if there's a need for a runoff have it also in November. In that case the savings would be a little less because when you pay for the runoff by yourself, you incur that cost, so the maximum savings goes from 1.5 down to about 700, still a significant savings. In a sense, what we're looking at is every two years when you have three districts or two districts and the mayoral election, saving anywhere from 800 to $1 million every two years from now in perpetuity, and that's really the bottom line. Other items that are of interest is when you have an election where you piggyback on a countywide or gubernatorial, et cetera, you have a lot more turnout than we have experienced in the last couple of elections where -- Chair Suarez: Yeah. I mean, I was going to -- I'm glad you mentioned it. I was going to mention that as well, which is that, you know, let's not lose sight of fact that what, you know, Mr. De Grandy said in the presentation regarding redistricting. The most fundamental right is the right to vote and determine, you know, how your government is chosen. Andl think that we -- it's incumbent upon us to do everything that we can in our power to make it easy for people to vote and participate -- Commissioner Spence -Jones: I know. Chair Suarez: -- in the electoral process, and this clearly is a step in that direction that would, you know, increase the -- Commissioner Spence -Jones: The numbers. Chair Suarez: -- participation level tremendously. I mean, we're talking about tremendously. We're not talking about, you know, a small increase. We're talking about, you know -- I think in my election, it was a 30 percent turn out; that was pretty high for a municipal election, but you're talking in presidential elections anywhere from 50 to 80 percent so you're talking about double or triple the amount of people. And, you know, people often complain that, you know, 18 percent of the people, 13 percent of the people are the ones that are making all the decisions, you know. And if we were, you know, doing these things on election year, you'd have 70 percent, 60 percent, 80 percent, you know, depending on the presidential election and how, you know, contested or -- gubernatorial election, how contested it would be, so I think that's something that's extremely important. It's not just about the money, even though the money's significant; it's also about, you know, doing everything that we can as a government to allow people to choose their own destiny. Mr. Alfonso: We agree. One of the things I wanted to note. The timeline that we need and the direction that we're looking for from the Commission is for us to work with the City Attorneys to develop the language that is needed that would go to a referendum, and we want to have all that done and approved prior to May 24 so that we can piggyback on the County's election of August. Chair Suarez: I have no problem with that. We don't have a quorum to do it right now, but City of Miami Page 99 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 have no issue with that. I don't know if Commissioner Carollo agrees with that or not. I think he's coming in right now so you may want to -- Commissioner Carollo: What did you need a quorum for? I'm sorry; I thought there was going to be no vote on this. Chair Suarez: Yeah, yeah. And -- Commissioner Carollo: It's for discussion. Chair Suarez: -- there may not be and there may not be. What he's talking about is direction, whether or not there's -- the City Attorneys office is giving direction to work on language on -- of this issue so it -- look, we now have a quorum. You know, Commissioner was right in saying that we -- he thought that we weren't going to take a vote on anything. So what I just wanted to kind of explain to him what he missed was that Danny had mentioned -- Mr. Alfonso -- I'm sorry -- had mentioned that he wanted some direction from the Commission to work with the City Attorney's office to create ballot language basically, so I told him we don't even have a quorum to do that. Now, you know, you're here but -- Commissioner Spence -Jones: Yeah, but -- I mean, I think that whether or not -- we can't vote on doing it, but we can direct the City Manager to at least work on a draft so that when all of the Commissioners are here, we can, you know, further drill down on it. I think that we don't want to, you know, wait on at least -- whether or not we're going to have full Charter, you know, changes, or whatever the adjustments are, I think it's important to keep the ball moving. So my recommendation, Mr. Chairman, is to at least ask the Administration to begin to work together on the legislation, along with the City Attorney's office, and if there's any input that you guys may have that you want to input, that would be fine. Chair Suarez: No, I'm -- I have no issue with it. I just -- the only sensitivity that had was that I had assured the Commissioner that we weren't going to take a vote on anything, but I have no issue with it -- Commissioner Spence -Jones: Okay. Chair Suarez: -- with giving the City Attorney direction. I don't know if you -- do we need to take a vote or do --? Commissioner Spence -Jones: That's not really a vote. It's just giving them direction. Chair Suarez: Right. Do we need --? Maria J. Chiaro (Deputy City Attorney): Let me tell you the process -- Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Sorry. Mr. Alfonso: Thank you. Ms. Chiaro: -- on how you get questions on the ballot -- Chair Suarez: Thank you. Ms. Chiaro: -- because that was our participation. I didn't want to take credit for -- even though we participated in the process, the work on all these statistics was done by the Clerk's office and City of Miami Page 100 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 by Mr. Alfonso. But insofar as the process, this is very much the bailiwick of your City Attorney. What happens when there is a Charter change is that first the City Commission must vote to direct the City Attorney to prepare the Charter questions, so that's one resolution. Prepare a Charter question which, for example, changes the elections from odd year elections to even year elections. And in the case of your discussion, we will need some direction on whether you want to make it August/November or November and then if it's a runoff. Additionally, you may want to eliminate a runoff and that's one of the options that could be in a Charter question related to elections and elect those by plurality. You ought to consider that discussion when it comes up and you give us a direction. So we -- so you will first need a resolution directing that the questions be prepared, and that's a pretty general resolution. The next resolution that you vote on is a resolution -- Chair Suarez: On the question. Ms. Chiaro: -- with the actual Charter questions. Chair Suarez: Right. Ms. Chiaro: So one, you tell us what you want us to do; one, we have some questions for you to consider. Normally, in the past when we have done Charter changes, we give the City Commission several questions to choose from because you can ask these questions, as you know, in many different ways. It's a 75-word, or less, question. It -- the changes in the Charter are attached and the affected sections of the Charter will show you the actual changes, but the question must describe what those actual changes are. So you first need to do a resolution and then -- that directs the changes and then you must do a resolution with the actual questions and setting the elections. Chair Suarez: Thank you. What is the will of this Commission? Is it tojust discuss this or to direct the City Attorney to draft the question? Commissioner Spence -Jones: Well, I mean, to me, it doesn't really hurt to draft the question because no matter what, we still have to vote on the item. And if we want tojust at least keep things moving, I mean, I think that it would be fine tojust have the City Attorney draft the questions. It's not going anywhere until we vote on it anyway. Ms. Chiaro: But I don't know what questions to draft because you haven't told me what your choices are. Chair Suarez: Well, no one's made a motion yet, so as soon as the person makes the motion, I'm sure they'll clam what it is exactly that they're moving. Commissioner Spence -Jones. Right. Well -- Ms. Chiaro: How 'bout if we do this. Not to interrupt you, Commissioner. Commissioner Spence -Jones: Okay. Ms. Chiaro: How 'bout ifI look at some resolutions with the various proposals that are set forth in the statistics insofar as the directing resolution go, so you don't need to take a vote. We will bring back some legislation that is the initial step legislation and then you can, you know, approve that legislation -- Commissioner Spence -Jones: That's fine. Ms. Chiaro: -- or not -- City of Miami Page 101 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: I think we're all -- Ms. Chiaro: -- or change it. Chair Suarez: -- okay with that. Commissioner Spence -Jones, are you okay with that? Commissioner Spence -Jones: I'm cool with that. Chair Suarez: Okay with that? Okay, great. Thank you, Mr. Alfonso. END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS Chair Suarez: Can we -- let's open up the PZ (Planning & Zoning), please. I know it's going to take us a couple of minutes to -- I know there's some deferrals. Commissioner Spence -Jones: Mr. Chairman, you know, I know that I have a blue page item here that know that see the Honorable Miguel De Grandy that is going to be giving us a briefing on the issue of the redistricting. Chair Suarez: The districting -- redistricting. Commissioner Spence -Jones: Yeah. And don't know if you -- how is your time looking. Chair Suarez: Do you mind just taking two -- waiting two more minutes 'cause we're just going to defer some items on PZ and we'll come right back to you. He'll be -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- the next thing right after the first -- Commissioner Spence -Jones: Okay, no problem. Chair Suarez: -- the deferrals. So we're going to change over -- Maria J. Chiaro (Deputy City Attorney): No, you don't need to change over. Chair Suarez: We do not? Ms. Chiaro: It's the same meeting. Nor do you -- Chair Suarez: Okay. Ms. Chiaro: -- need to swear anyone in -- Chair Suarez: That's right. Ms. Chiaro: -- if it's just for the purpose of considering -- Chair Suarez: Mr. Garcia, you're recognized. Ms. Chiaro: -- the continuances. Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, director of Planning & City of Miami Page 102 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Zoning. This is to request the continuance of two items, item PZ.1 and item PZ.3. Item PZ.1 is a request for a waterfront waiver and there -- the request is that it be continued to the meeting of February 23. Chair Suarez: Commissioner Carollo, we need you for this. Commissioner Spence -Jones: Yeah. Chair Suarez: We need you just to do a deferral. Commissioner Spence -Jones: Just so that we could -- Chair Suarez: Just a deferral Commissioner Spence -Jones: Yeah. Mr. Garcia: And perhaps I can place both on the record. And item PZ.3 is also being -- requested to be continued to February 23. In this case, that is a -- Commissioner Carollo: Move it. Mr. Garcia: -- waiver rezoning. Commissioner Spence -Jones: Second. Chair Suarez: Been moved and seconded. Any further discussion? Hearing none, all in favor, signify by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Commissioner Spence -Jones: Okay. Chair Suarez: Yeah, let's take, if you don't mind, a five-minute recess? Commissioner Spence -Jones: Yeah. I think he's doing -- going to do press. Chair Suarez: Okay, let's take a five-minute recess. We'll be back -- I'm sorry. We're going to be back promptly at 3:30. You know how I am. I'm going to start it at 3:30, so we'll be back promptly at 3:30. Thank you. [Later..] Chair Suarez: Mr. Fernandez, do you want to take up your PZ (Planning & Zoning) item? Okay. Commissioner Carollo: Do we need to change? Chair Suarez: No. It's -- since it's this -- part of the same -- PZ.2. Ms. Chiaro: The PZ items shall proceed according to Section 7.1.4 ofMiami 21 code. Before any item is heard, all those wishing to speak will be sworn in by the City Clerk. The staff will describe the item. The members of the City Commission will then disclose any ex parte communications. The petitioner will then present the request and may waive the right to an City ofMiami Page 103 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 evidentiary hearing. The order of presentation shall be as described in the City code. Members of the public will be permitted to speak on this item. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Chair Suarez: Thank you, Madam Attorney. Priscilla A. Thompson (City Clerk): With that being said, anyone here who will be testifying on this P&Z item, if you're presenting testimony, I need you to please stand and raise your right hand so that I can administer the oath. Chair Suarez: I don't see anyone. Mr. Garcia, you are recognized. Ms. Thompson: Thank you. PZ.1 RESOLUTION 11-00910ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WAIVER OF THE WATERFRONT CHARTER REQUIREMENT AS SET FORTH IN SECTIONS 3(mm)(ii)(A) AND (B), ALLOWING A REDUCTION OF THE WATERFRONT SETBACK OF TWENTY-TWO FEET (22') BY TWELVE FEET (12'), RESULTING IN A TEN -FOOT (10') WATERFRONT SETBACK; FURTHER ALLOWING A REDUCTION OF THE REQUIRED SIDE -YARD SETBACK OF SIXTY-EIGHT FEET AND NINE INCHES (68'9") BY FORTY-EIGHT FEET NINE INCHES (48'9"), RESULTING INATWENTY-FOOT (20') SIDE -YARD SETBACK, FOR THE CRIMSON TOWER PROJECT, LOCATED AT APPROXIMATELY 527, 535 AND 623 NORTHEAST 27TH STREET, MIAMI, FLORIDA. 11-00910ww CC 02-23-12 Fact Sheet.pdf 11-00910ww Analysis (New), Maps & Sch. Concurrency.pdf 11-00910wwApplication & Supporting Documents.pdf 11-00910ww Zoning Write Up & Plans.pdf 11-00910ww CC Executed Legislation (Version 2) & Exhibit.pdf 11-00910ww-Submittal-Correspondence-Iris Escarra.pdf LOCATION: Approximately 527, 535 and 623 NE 27th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Mckafka Development Group, LLC, Contract Purchaser and Biscayne Bay of Miami, LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. *See supporting documentation. PURPOSE: This will allow the construction of a new waterfront -residential building along Biscayne Bay for the Crimson Tower project. City ofMiami Page 104 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 PZ.2 10-00296cm Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff Note for the Record: Item PZ.1 was deferred to the Commission Meeting scheduled for February 23, 2012. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS, IN SUBSTANTIALLY THE ATTACHED FORM, AS "EXHIBIT A," TO A DECLARATION OF RESTRICTIVE COVENANTS DATED NOVEMBER 11, 2010, AND RECORDED IN OFFICIAL RECORDS BOOK 27791, PAGES 0430-0435, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ATTACHED AS "EXHIBIT B", FOR THE PROPERTY LOCATED AT APPROXIMATELY 350 NORTHEAST 56TH STREET, MIAMI, FLORIDA, IN ORDER TO LIMIT THE HEIGHT OF THE PROJECT TO 53 FEET. 10-00296cm CC 02-09-12 Fact Sheet.pdf 10-00296cm Analysis, Maps & PZAB Reso.pdf 10-00296cm Application & Supporting Documents. pdf 10-00296cm Legislation (Version 3) & Exhibits.pdf 10-00296cm-Submittal-Ben Fernandez -Item PZ.2 01-26-12.pdf LOCATION: Approximately 350 NE 56th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Ben J. Fernandez, Esquire, on behalf of Howard and Marlene Schimmel, Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 14, 2011 by a vote of 7-0. PURPOSE: This proposed modification will amend certain restrictions to the existing covenant. Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff R-12-0053 Francisco Garcia: Yes, sir. Thank you. Francisco Garcia, Planning and Zoning director. Item PZ.2 is a request to modify a covenant that was entered into with the City for a zoning change that took place starting under zoning ordinance 11000 and carried over into Miami 21. We are comfortable that the modification sought respects the original intent of the covenant and now brings it into compliance with Miami 21. We will defer to the applicant to make the presentation, City of Miami Page 105 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 butt should also place on the record that the Planning, Zoning and Appeals Board recommended unanimously its approval by the City Commission. Chair Suarez: Thank you. Mr. Fernan -- Ms. Chiaro: If any members of the City Commission have had any meetings with any parties on this matter, they can disclose now. Chair Suarez: Yes. Commissioner Spence -Jones: Yes. I just want to make sure based upon our last City Commission meeting, I guess in that meeting we talked about being able to sit down with them, so I just want to make sure I do everything properly, so I need to properly disclose, Madam City Attorney, the Jennings -- I want to make sure I'm doing it right. Ms. Chiaro: So you need to disclose the general substance -- Commissioner Spence -Jones: Yeah. Ms. Chiaro: -- of the meeting and -- Commissioner Spence -Jones: Okay. Ms. Chiaro: -- the general time when it occurred. Commissioner Spence -Jones: We met -- I just want to make sure we're on the same page. We did meet on this at MRC (Miami Riverside Center) just so that I could have clarity. I was there. I was thinking about a different parcel of land and those trees, so I was able to resolve that issue. So I just want to make sure I disclose. Chair Suarez: Thank you. And can you -- Madam Attorney, can you just put on the record that that was an adequate Jennings disclosure? Commissioner Spence -Jones: Yeah. Ms. Chiaro: The disclosure made by Commissioner Spence -Jones was adequate under the so-called Jennings Rule of the state of Florida. Chair Suarez: Thank you. Mr. Fernandez. Ben Fernandez: Thank you, Mr. Chair, members of the Commission. Ben Fernandez, 200 South Biscayne Boulevard, here this afternoon on -- Commissioner Spence -Jones: Want to do it right. Mr. Fernandez: -- behalf of Howard and Marlaina [sic] Schimmel, the owners of the property in question. As Commissioner Spence -Jones indicated, at the prior meeting we made a relatively full presentation as to the general nature of the request. It's a simple covenant modification that's necessary to allow the project to comply with your new Miami 21 code. And this is a loft project that is transitional into the neighborhood. It is a very nicely designed project for what is presently a vacant lot, and we are preserving both of the oak trees, mature oak trees on the property. And so we believe that the application is -- has merit and we would ask that you approve our application. Thank you. Chair Suarez: Thank you, Mr. Fernandez. Coming back to this Commission -- this doesn't have City of Miami Page 106 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 to be -- it's not a public hearing item, correct? Is -- there's -- Mr. Fernandez: It is a public hearing item. Chair Suarez: Oh, it is. Then let me open up the public discussion on PZ.2. Anyone from the public wishing to discuss PZ.2. Nobody swore in, so hearing none, seeing none, the public hearing on PZ.2 is closed; coming back to this Commission for a motion or action. Oh, moved by Commissioner Spence -Jones? Commissioner Spence -Jones: Well, yes, moved by Spence -Jones. Chair Suarez: Oh, I'm sorry. Vice Chair Carollo: Second. Chair Suarez: Second by Commissioner Carollo. This is not an ordinance or is this something we could just take a vote on? Okay, all in favor, signin, by saying aye." The Commission (Collectively): Aye. Chair Suarez: None in opposition. Passes unanimously. Mr. Fernandez: Thank you very much. PZ.3 RESOLUTION 11-01196rw TO BE CONTINUED BY THE ADMINISTRATION. A RESOLUTION OF THE MIAMI CITY COMMISSION, MAKING FINDINGS AND APPROVING A WAIVER OF TIME LIMITS FOR CONSIDERATION BY THE PLANNING ZONING AND APPEALS BOARD (PZAB) PURSUANT TO ARTICLE 7 PROCEDURES AND NONCONFORMITIES, 7.1.2.8g.7, OF THE MIAMI 21 CODE, ALLOWING THE PZAB TO CONSIDERA CHANGE OF ZONING FOR A PROPERTY APPROXIMATELY LOCATED AT 150 NORTHEAST 42ND STREET, MIAMI, WHICH WAS REZONED WITHIN THE PRECEDING EIGHTEEN (18) MONTHS. 11-01196rw CC 03-08-12 Fact Sheet.pdf 11-01196rwAnalysis & Maps.pdf 11-01196rwApplication & Supporting Documents.pdf 11-01196rw CC Legislation (Version 2).pdf LOCATION: Approximately 150 NE 42nd Street [Commissionner Michelle Spence Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of FFAC, LLC., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will allow the PZAB to consider a request to rezone the subject property which was rezoned within the preceding eighteen (18) months. City of Miami Page 107 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 D1.1 12-00107 D2.1 12-00101 Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Sarnoff Note for the Record: Item PZ.3 was deferred to the Commission Meeting scheduled for February 23, 2012. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT DISCUSSION ITEM DISCUSSION REGARDING FOOD TRUCKS. 12-00107 Email - Food Trucks.pdf DEFERRED Note for the Record: Item D1.1 was deferred to the Commission meeting currently scheduled for February 23, 2012. END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION REGARDING CITY ATTORNEY AND BUDGET OFFICES SHOULD BE EXCLUDED FROM CIVIL SERVICE REQUIREMENTS. 12-00101 Email - Excluded from Civil Srvc. Rqmts. pdf DEFERRED City of Miami Page 108 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 D2.2 12-00102 D4.1 12-00070 Note for the Record: Item D2.1 was deferred to the Commission meeting currently scheduled for February 23, 2012. DISCUSSION ITEM DISCUSSION REGARDING TCO SHOULD NOT BE ISSUED PRIOR TO COMPLETION OF THE RIVERWALK AND OR BAYWALK. 12-00102 Email - Issued TCO - Riverwalk & Baywalk.pdf DEFERRED Note for the Record: Item D2.2 was deferred to the Commission meeting currently scheduled for February 23, 2012. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING REAPPORTIONMENT OF THE CITY OF MIAMI'S COMMISSION DISTRICTS. 12-00070 Email - Reapportionment Commission Districts.pdf WITHDRAWN Chair Suarez: Thank you, ladies and gentlemen. We are back in session for the afternoon session. Since we do not have a quorum at this point, I'm going to go to my discussion item on electronic benefits transfer fraud, D4.2. I'm going to waive D4.1, the reapportion one, 'cause I think the City Attorney sent an e-mail (electronic) or -- I guess it was a memo, better said, which I think, you know, pretty much put us up-to-date on where we are in that process. Would you like to say something on that? Maria J. Chiaro (Deputy City Attorney): I believe Commissioner Spence -Jones has an item that I believe on her discussion that -- Chair Suarez: She does. We both have it. Ms. Chiaro: -- will cover this item. Chair Suarez: We both have it. So I don't know if -- Ms. Chiaro: I believe she intends to -- City of Miami Page 109 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: She wants to discuss it. Okay, I'll waive mine then. I'll go ahead and waive mine and we'll discuss it when she's -- Priscilla A. Thompson (City Clerk): So you're withdrawing that item? Chair Suarez: I'm going to withdraw D4.1, correct. Ms. Thompson: Thank you. Chair Suarez: I'll let Commissioner Spence -Jones discuss it when it -- when -- she's here now so. D4.2 DISCUSSION ITEM 12-00071 D5.1 12-00130 DISCUSSION REGARDING STEPS TAKEN TO COMBAT ELECTRONIC BENEFIT TRANSFER (EBT) FRAUD IN THE CITY OF MIAMI. 12-00071 Email - Electronic Benefit Transfer Fraud.pdf DISCUSSED Direction by Chair Suarez to the Administration for the Police Chief to work with the Zoning Department to ensure that businesses within the City ofMiami found guilty of EBT (Electronic Benefit Transfer) fraud have their Certificates of Use revoked. Chair Suarez: D4.2 is the electronic benefits transfer fraud item I had brought up a while ago, and I wanted to commend the Chief for his memo to me on that and -- you know, first of all, for following through, you know, when I had a discussion item and, you know, taking the time to, you know, listen to our concerns and put them in writing. Andl only have one sincere kind of request, which is just to coordinate with the Zoning Department, which is, I guess, a department or whatever the department is, Building or Zoning, that gives us certificates of use -- Manuel Orosa (Chief of Police): Correct. Chair Suarez: -- so that if there's any investigations that are concluded that result in someone being found culpable or guilty or whatever you call it, that that person's CU (Certificate of Use) will be revoked. Chief Orosa: Sure. As soon as we find out that arrests were being made and we have indictments and we move forward, we'll jump on top of that business with everything the City has to enforce, including zoning. Chair Suarez: Thank you, Chief appreciate it. Chief Orosa: Okay, sir. You're welcome. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES DISCUSSION ITEM DISCUSSION ON THE INITIATION OF COMMERCIAL WATER TAXIS City of Miami Page 110 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 SERVICES ON BISCAYNE BAY AND THE MIAMI RIVER. 12-00130 Email - Commercial Water Taxis Srvcs.pdf DISCUSSED Chair Suarez: Commissioner, do you want to do your discussion item or do you want to wait until we have all -- the other board members? Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) I know one of them, I have to wait until someone arrives. Chair Suarez: Right. Commissioner Spence -Jones: But I mean, I know that we have to water taxi issue up. I don't know if you want to just talk about that right now. Chair Suarez: Let's do that. Let's do that, yeah, if you can. Commissioner Spence -Jones: Okay, just so we can keep things going. Chair Suarez: Yes. Commissioner Spence -Jones: Andl want to commend you for just being prompt. Chair Suarez: Thank you. Commissioner Spence -Jones: And respecting people's time. Chair Suarez: Why thank you. Thank you, Commissioner. Commissioner Spence -Jones: That's awesome. Chair Suarez: Appreciate that. Thank you, thank you. Applause. Chair Suarez: Thank you, guys. Thank you. Commissioner Spence -Jones: All right, so I guess water taxis. I know we have a taxi Commission. I mean, a taxi -- water taxi person, Wein -- is it Weintree, Weintraub? Johnny Martinez (City Manager): Weinreb. Commissioner Spence -Jones: Weintraub [sic]. Mr. Martinez: Robert Weinreb. Commissioner Spence -Jones: And basically, the only thing that I really wanted to talk about regarding the water taxis was, you know, the possibility of having water taxis on the Miami River, and know that he's given me a briefing. He's been great. I'm glad I'm able to utilize his wonderful services now in my district as well, so I don't know if you want to put something officially on the record about where we are with the water taxis issue. I would like for you to do that. I understand that Commissioner Sarnoff is actually championing this issue, so this is something he's already doing, which is awesome. I just wanted to see if there's any way that we can add in Miami River. And I know -- I think we had some little small issues that we -- reasons City of Miami Page 111 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 why we can't all the way down, but hopefully you can kind of expound on it. And the thought, Mr. Chairman, was just having another alternative route outside of the trolleys and the public transportation system to get to the games as well. A lot of the restaurants, Casablanca's -- give me another one -- Garcia's, all thought that it could be really cool if people could park at the new parking lot that I'm putting in the district and jump on a water taxi from there and head to the game. So I wanted to have you expound on that. Robert Weinreb (Project Manager): Thank you, Commissioner. Bob Weinreb, City Manager's office. Well, the good news is Water Taxi Miami has started operations and they have a number of sites. I believe they have a site on Miami Beach and several sites in the City. They just started up. We're fortunate to have Max Blessing who is the owner of the water taxi service so maybe he could address -- Commissioner Spence -Jones: Oh, he's here? Mr. Weinreb: -- this -- Max. Commissioner Spence -Jones: Oh, Max. Mr. Weinreb: Why don't you come up and you could better discuss what sites are currently operational, what your hours are, and where you're going with it. Max Blessing: Okay. Mr. Weinreb: And thank you. Commissioner Spence -Jones: Only on one condition: that we all get water taxi T-shirts. Mr. Blessing: Sure, sure, sure. Commissioner Spence -Jones: Go ahead. I'm sorry. Mr. Blessing: My name is Max Blessing, and I'm one of the owners of the Water Taxi Miami. And we started this service about two weeks ago actually. It's very young company. But we are operating from Bayside Marketplace and we go up to Miami Beach Marina. We go to downtown Miami as well on the river, where is Bijon's next to the Convention Center. We are talking right now. We have a preliminary deal with Brickell Key, which we are going to add as a station. As well, we go to Finnegan's on the River also at -- Commissioner Spence -Jones: Oh, okay. Mr. Blessing: -- later at night, which we add also to our schedule. Commissioner Spence -Jones: Yes. Mr. Blessing: And we also go to the Omni Mall, which is the Sea Isle Marina. So we have like five, six locations which we are doing right now. We only operated one vessel; be getting another vessel pretty soon, which we're going to expand our services, including Coconut Grove and other areas as well, which I don't want to relate all the locations. And operations time, what we have is we start at 10 in the morning 'til about 9 at night at this moment. Commissioner Spence -Jones: Yes. Mr. Blessing: And it's just starting so it's -- you know, still -- we need to get the word out, but -- City of Miami Page 112 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Spence -Jones: Yes. Mr. Blessing: -- we are there every single day and we are running according to schedule so everything is working out very well. Commissioner Spence -Jones: How many people actually employed, just --? Mr. Blessing: About seven, eight people already. Commissioner Spence -Jones: Great, great. Mr. Blessing: Yeah, because we work with double teams on the boats. Commissioner Spence -Jones: Right. Mr. Blessing: We need to have a captain and a first mate of course always available. Commissioner Spence -Jones: And let me just say this, and I'm sure the Chairman will agree with this. I mean, this is what this is -- this should be all about, us trying to figure out ways to help small businesses like you. You know, sometimes it's not about 100 jobs. Seven jobs can make a difference in the lives of people. Mr. Blessing: Sure. Commissioner Spence -Jones: So you know, whatever we can do from the City side -- andl know Mr. Weintraub [sic] has been very, you know, supportive in any movement on, you know, the water, but whatever we can did on our end to help, you know, get the word out that this is what you're doing -- Mr. Blessing: Right. Commissioner Spence -Jones: -- we need to be in support of that. And we're going to work together on our end to figure out if there's a stop a little further down for the restaurants so that they can also bene -- their clients can also benefit from your service so. Mr. Blessing: Well, I would like to invite everybody to take a complimentary ride on the water taxi -- Commissioner Spence -Jones: Okay. Mr. Blessing: -- whenever they want to so -- Commissioner Spence -Jones: Well, I -- Mr. Blessing: -- be my guest. Commissioner Spence -Jones: -- volunteer right now so -- Mr. Blessing: Be my guest. Commissioner Spence -Jones: -- you'll go ahead and -- Mr. Weinreb: I'm ready. Commissioner Spence -Jones: -- set it up for me to take a ride. City of Miami Page 113 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Mr. Blessing: And then also we're talking also with the office from Marc Sarnoff. On March 15 there's going to be a grand opening -- Commissioner Spence -Jones: Okay. Mr. Blessing: -- that he's going to cut the ribbon as well with the Mayor. Commissioner Spence -Jones: Great. Mr. Blessing: And it's going to be done at 10 o'clock in the morning, but I will send out an e-mail (electronic) to Mr. Robert Weinreb and he might be able to spread it out to everybody so Commissioner Spence -Jones: No problem. Mr. Blessing: -- everybody's welcomed for the grand opening. Commissioner Spence -Jones: No problem. Chair Suarez: Thank you. Commissioner, let me tell you, I commend you for bringing this to our attention. I am a huge proponent of the water taxis. I think, you know, we have some logistical complications in terms of getting people, you know, from one place to another. Infrastructure is always a big issue whenever we talk about things that affect traffic in particular. We don't really have true mass transit yet, so you know, that's a big frustration for me personally. But you know, I think there's a couple of different areas where there could be a huge upside to expanding the water taxi services. One of them is Key Biscayne because -- we have a huge problem -- if Key Biscayne has one or two events going on at the same time, it's basically gridlock. Mr. Blessing: Correct. Chair Suarez: I mean, it's impossible to get on and off of Key Biscayne. During the NASDAQ (National Association of Securities Dealers Automated Quotation) it's very, very hard to get on and off Key Biscayne. So you know, I've always thought that the only -- you can't -- you probably can't build bigger bridges or you probably can't -- you know, the only way, engineering wise, that you can actually get people on and off is by some sort of a water taxi. Mr. Blessing: Right. Chair Suarez: Similarly, Miami Beach is experiencing a lot of those same problems. I mean, Miami Beach nowadays on a Friday at 2 p.m. when there's no particular even an event, driving into Miami Beach on 5th Street -- Mr. Blessing: It's terrible. Chair Suarez: -- it's backed up, you know, I mean, quite a bit. Mr. Blessing: Right. Chair Suarez: It's not even rush hour. Mr. Blessing: Right. Chair Suarez: So you know, I think there's a huge opportunity for you to be able to bring people City of Miami Page 114 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 to the mainland from Miami Beach andl think that -- to be honest with you, I would encourage Miami Beach -- if any of the -- I doubt any of the Commissioners watch our meetings, but if they do -- andl have some friends that are there and I'll talk to them because I really feel that the future ofMiami Beach is closely tied to getting -- being able to officially get people on and off Miami Beach. Mr. Blessing: Right. Chair Suarez: Andl don't know if you can expand Miami Beach anymore in terms of capacity of -- with the current problems that they have and the current issues that they have. So I know that they've been -- they've talked about, for example, having an expanded convention center, but you know, I don't know how you're going to get the extra people that that's going to attract in and out of the Beach efficiently. They -- you know, when they have a big event, they're also gridlock. I mean, you know, there's a bunch of festivals that they have on a yearly basis and, you know, my parents own property on the Beach and the -- basically, the traffic is backed up past 26, 27, almost to 40th Street. Mr. Blessing: Correct. Chair Suarez: So, you know, I commend you andl commend the Commissioner for bringing this item before us. Mr. Blessing: Well, we talk also now very closely with Mr. Stephen Bogner, who is the marina's manager of the City ofMiami, and we requested as well another location on Watson Island and -- that gives a little bit of issues and problems again because then I think the park -- the people who run the parks are involved again and they're doing a little bit more difficult and it's not very easy to get locations from the City itself. It's easier getting locations from private owners -- Chair Suarez: Right. Mr. Blessing: -- from particular marinas, et cetera, et cetera. And therefore also what we'd like to do is we'd like to work together as well with like the Metro Mover to let them know that from particular stations they can hop on our water taxi, which includes also on the Miami Beach side which is the other state actually or the other area -- Chair Suarez: Right. Mr. Blessing: -- with the South Beach local bus which is very important to combine the water taxi together with -- Chair Suarez: Absolutely. Mr. Blessing: -- a bus like that so that people don't have to take a car or the deco bike for example. Chair Suarez: And like the Commissioner was saying, you know, we have now a trolley system that we're about to implement and launch and so there should be coordination between -- Mr. Blessing: Correct. Chair Suarez: -- whatever your efforts are -- Mr. Blessing: Right. Chair Suarez: -- and the trolley system, and she gave one great example, which is you could City ofMiami Page 115 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 come up the river to the, you know, Marlins Stadium and then they can hop on -- you know, the trolley can come around to -- Mr. Blessing: Right. Chair Suarez: -- that area and loop around and bring people right back to the Marlins Stadium Mr. Blessing: Right. Chair Suarez: -- without them ever having to take a taxi or walk, you know, an inordinate amount of distance -- Mr. Blessing: Right. Chair Suarez: -- you know, for free. Mr. Blessing: I'll be talking with Mr. Bret Bibeau as well about the Marlin station [sic] because his office is actually right there in the parking lot from where the Marlins station [sic] is -- stadium is, and yeah, we can accommodate that particular location there if we are able to build a little bit of a hop -on and hop -off location right there. Chair Suarez: Fantastic. Thank you so much. Mr. Blessing: You're very welcomed. Chair Suarez: I appreciate it. Commissioner Spence -Jones: (UNINTET ,T IGIBT ,F) support, promoting it, you know, I think Mr. Manager, this would be great to try to do. Mr. Weinreb: I'd just like to add thatl believe that there is going to be a code change to make it easier for water taxi access to City properties and that will be coming before the Commission at some point soon, I hope. Chair Suarez: Fantastic. Commissioner Spence -Jones: No problem. Chair Suarez: Well, I'll definitely support it. Commissioner Spence -Jones: Armando. Chair Suarez: Mr. Aguilar. Commissioner Spence -Jones: You want to ride on the water taxi too? Chair Suarez: Yeah. Armando Aguilar: Absolutely. Armando Aguilar, president ofMiami Fraternal Order of Police and I'm all in favor of this idea. I think it's a great idea. We definitely need more transit in the City. But maybe I missed a question somewhere along the line, but are we charging any fees or any type of permit fee to be able to bring more revenue into the City? Commissioner Spence -Jones: Of course. City ofMiami Page 116 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Sergeant Aguilar: Okay. Commissioner Spence -Jones: So -- Sergeant Aguilar: Thank you. Andl do -- Commissioner Spence -Jones: -- of course. Sergeant Aguilar: -- support the idea wholeheartedly. Chair Suarez: Thank you, Mr. Aguilar. Appreciate it. Any other questions, comments, concerns? You want to jump in here? Ken Knight: Yes. Chair Suarez: Okay. Mr. Knight: Mr. Chair. Chair Suarez: Yes, sir. Mr. Knight: Mr. Mayor. I just saw him come in. What we at -- Chair Suarez: Can you just state your name and address for the record. Mr. Knight: My name is Ken Knight, and there again, I support the -- this as well. But one of the things I want to add is that we're in Black History Month. We had a taxi one -- what, a few years ago that left right there from Lummus Park. Andl think that it's important to include the African -American community and to make sure -- 'cause it was very accessible getting on the taxi right there at Lummus Park. And at the same time, African Americans, as well as other ethnic groups, got to share the history of this community in the City ofMiami, so it's very important that we connect that and all the tours that come here from all around the country -- African Americans that come here from all around the countries to the water taxi to Lummus Park, which is a very historical site for African Americans or black people in the City ofMiami, so just make sure they don't leave that community out, please. Thank you. Chair Suarez: Thank you, sir. Thank you. Mr. Blessing: May I give them this --? Chair Suarez: Sure, absolutely. Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes, Commissioner Carollo, you're recognized. Commissioner Carollo: I'm glad that this issue is coming up. It's actually one that I mentioned at the last meeting of the Miami River Commission. It's something that I have been in discussion with the Marlins about because we think it will be a great idea if we could have a water taxi stop by the Miami River. And if you notice -- and l forgot the exact street, so I don't want to make a mistake -- but there is from the Miami River a straight shot into the -- Chair Suarez: 17th Avenue. City ofMiami Page 117 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 D5.2 12-00131 Commissioner Carollo: -- new -- right -- Marlins Stadium, so I think it's a great idea and I've been in discussion with them, but we can't do it by ourselves. I think we all need to put our heads together and -- with this company or maybe others in order for us to be able to move this forward. Chair Suarez: Fantastic. Thank you, guys. DISCUSSION ITEM DISCUSSION ON FY' 2012-2013 BUDGETING FOR SIGNATURE EVENTS. 12-00131 Email - Budgeting for Signature Events.pdf CONTINUED Chair Suarez: The last item on the agenda, I don't know if you want to postpone to the next one, Commissioner Spence -Jones. It's a discussion item of yours for the signature events, the budgeting on the signature events. I don't know if -- Commissioner Spence -Jones: Yes. Chair Suarez: You want to talk about it now? Commissioner Spence -Jones: Well, I know that the Mayor -- I mean, the Mayor -- the Manager's asked me to wait on it so I will wait on it. Chair Suarez: Okay. Commissioner Spence -Jones: No problem. Chair Suarez: Great. Meeting adjourned. Commissioner Spence -Jones: Wait, wait, wait. I had a pocket item. Chair Suarez: Oh, I'm sorry. I didn't know that. Commissioner Spence -Jones: How do you unadjourn [sic] it? Chair Suarez: Do I have to open it up again? No? Commissioner Spence -Jones: Okay. Chair Suarez: We're good. Okay. D5.3 DISCUSSION ITEM 12-00132 DISCUSSION ON REDISTRICTING AT THE CITY LEVEL. 12-00132 Email - Redistricting - City Level.pdf 12-00132-Submittal-City Attorney Email.pdf DISCUSSED City of Miami Page 118 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Direction by Commissioner Michelle -Spence Jones to the Administration to provide a detailed report at the March 8, 2012 City Commission Meeting, outlining all the steps in the redistricting process. Chair Suarez: Commissioner, do you want us to start up the discussion item or do you want to wait till we have a quorum? Commissioner Spence -Jones: I think we should wait till we have a quorum, even though I think we need to need to really have Commissioner Sarnoff here and Commissioner -- Chair Suarez: Before taking any action? Commissioner Spence -Jones: -- Gort here. I don't think -- Chair Suarez: Well, Commissioner Sarnoffs not going to be here today all day. Commissioner Spence -Jones: Yeah. Chair Suarez: He's out of town so -- I mean, we could do it -- whatever you want to do, we could do it next meeting, whatever. Commissioner Spence -Jones: Well, did he leave? Chair Suarez: No, no. I think he's here. He's right there. Commissioner Spence -Jones: Where? Chair Suarez: He's right here. He's in the front row. Commissioner Spence -Jones: Oh, okay. Chair Suarez: Yeah. Commissioner Spence -Jones: Sorry. Well, I want to respect the fact that you're here. Chair Suarez: Yeah, same here. Commissioner Spence -Jones: So I think we should do that, and then maybe perhaps you should maybe do one-on-one meetings with -- Chair Suarez: Right. Commissioner Spence -Jones: -- the two of them. But we do have Carollo here. Is he still doing the --? Chair Suarez: I think he is, doing an interview, so I -- Commissioner Spence -Jones: I don't -- I want him -- if we have three people here, we should -- the three of us should talk. Chair Suarez: I have no problem with that. I'm not sure that there's anything else that we can do without a quorum but I'm trying to figure it out. By the way, thank you so much for allowing me to be a little bit militant about -- Commissioner Spence -Jones: That's okay. City of Miami Page 119 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: -- you know, these times, starts and stops, and appreciate you really making an effort to -- Commissioner Spence -Jones: No. You keep it on target, which is great. Chair Suarez: Thank you. [Later..] Chair Suarez: Any other clean-up stuff that we have to do? We are going to now, based on Commissioner Spence -Jones request, get into the redistricting. Andl recognize Mr. De Grandy Commissioner Spence -Jones: Yes. Chair Suarez: -- on that item. Miguel De Grandy: Good afternoon, Mr. Chairman, Commissioners. Miguel De Grandy, 800 Douglas Road. I had the pleasure of being special counsel to the City during your last reapportionment process. I understand that you're looking at timing and issues as to when you should start this process. I really don't have a presentation prepared. I'm happy to answer any questions you can have. I would tell you in terms of general comments, the last reapportionment took -- I think it was upwards of ten months to complete. It is a process that involves a lot of moving pieces. We normally have presentations in front of this Commission first to get policy guidance. Well, first to give you a primer on the law and the legal issues you will face, to get policy direction as to the type of standards that you want to utilize. During the last redistricting process at the direction of the City Commission, we also engaged in several public hearings to get input from your constituents. We met with your Planning Department to try to forecast the growth in the different areas during the decade. We then had to do a lot of in depth analysis on polarized voting patterns to determine whether the provisions of Section 2 of the Voting Rights Act would be applicable and then had public meetings once we had the draft plans and ultimately you all, of course, will debate and pass those plans so it is a long process. What I could tell you right now from our initial review of the data is your plans are malapportioned. There has been significant growth in District 2. Surprisingly, District 5 has actually lost population from when we did the last redistricting. There are two other districts that are under by 3 percent and one over the ideal population by 1 percent. The two main issues are going to be District 2 and District 5. When we did the last redistricting, as I said, we went and drove down in depth with your Planning Department to look at growth patterns, et cetera, to try to forecast and try to create a plan that could potentially have survived ten years. Two things that nobody could have expected is the breadth, if you will, of the building boom that occurred mainly in the District 2 area and also a loss of population in District 5. The -- when we created the last plan, we had intentionally, based on the data that we received, had overpopulated District 5 so that District 5 was five and change percent over the ideal population and we had under populated District 2 to about three and a half percent under the ideal. We couldn't go any further because the case law, Reynolds versus Sims, tells you that you cannot have more than a ten percent overall deviation in districts without violating the 14th Amendment so we went as far as we could. We had a nine point something percent deviation. The forecasts that we did were very good for three of the five districts, but the other two were clearly malapportioned. Where Reynolds versus Sims tells you you cannot have more than a ten percent overall deviation, the City's current plan has a thirty-six percent overall deviation. Right now the citizens from a constitutional perspective, whose rights are more affected under the 14th Amendment, are the citizens of District 2 because their vote at this point is worth less than the votes in other districts. In other words, if you have in two districts 100 people per district, it takes 51 of those individuals to take a position within a district. If you have however a district with 80 and one with 120, the City of Miami Page 120 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 one the 80 only needs 41 vote for a majority; the other one needs 61, and so those individual votes from a constitutional perspective are being diluted. You are at this point subject to a lawsuit on malapportionment. As I've discussed with your County attorney and with Commissioner Spence -Jones, you could effectively defend that by saying we will engage, you know, at a time certain in a redistricting process. The problem with that is at that point, as Commissioner Gort saidl think in the last meeting talking about his experience in 1997 when you were under a federal lawsuit, you lose a little bit of discretion and flexibility as to how you're going to conduct your schedule. A court would likely stay that action, but will likely impose a timeline on you or require you to abide by a strict timeline. So if you were to be sued, you will lose some flexibility in how you conduct your process. I would tell you again, because it is a process, it takes a lot of time, ten months to a year. The question of whether you need to start this year or not, I think is a given; you do, you know, whether you start this month or two months from now or three months from now. But I think that you need to engage in that discussion. I understand also that it's going to involve an expenditure of funds. I can tell you -- and there was a very lively debate a little while ago about need to have, must have -- the voting rights of the people you represent are probably the most fundamental and important things that you can protect -- Chair Suarez: Their need to haves. Mr. De Grandy: Yes. -- as elected officials. The Constitution mandates a reapportionment based on the fact that you're malapportioned, so it is something that you will need to do. You have some flexibility, of course, as to when you decide to engage, but certainly to be prudent, you probably need to engage sooner than later. And with that, happy to answer any questions you have -- Commissioner Spence -Jones: Mr. Chairman. Mr. De Grandy: -- about the census -- Chair Suarez: Yes. Mr. De Grandy: -- or about the process. Chair Suarez: Thank you. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Sure. Mr. Chairman, again, when this issue was brought up, part of -- you know, the turnover to our office, this was one of the -- from the Dunn Administration to my -- were -- this is one of the issues that was -- apparently you guys were working on or was being worked on already when it was kind of brought to my attention as to, you know, that there was this issue that needed to be kind of addressed on redistricting. That was the reason why I brought this up, so that we could look at the issue. This year we're not really all that affected by it only because -- from the standpoint there's no election actually happening this year, but unless we make the changes 2013, you know, there's going to be a strong possibility. We need to make sure that we at least put the key things in place before that next election cycle happens. So I think it's extremely important if we're talking about a time frame, ten months to address this issue -- more than ten months to address this issue, we need to at least be thinking about it now. I do want you to expound on two things. The first one you mentioned, you know, your preliminary numbers that you looked at. Just could you put an idea, the percentages on the record? You said two districts were 3 percent under. Mr. De Grandy: Under populated. One -- Commissioner Spence -Jones: Who were -- what --? City of Miami Page 121 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Mr. De Grandy: -- 1 percent over, which I believe is your district, Mr. Chairman, and then you have the big skew of one at 20 percent over, one at 16 percent under, so wide disparity. Commissioner Spence -Jones: And the other two I'm assuming is Commissioner -- Mr. De Grandy: Commissioner Carollo, I believe, is 3 percent under. Commissioner Spence -Jones: Okay. And Commissioner Gort would be 3 percent under? Mr. De Grandy: That's correct. Commissioner Spence -Jones: Okay. All right. I know one of the questions that came up -- I believe it was by Commissioner Carollo -- was centered around this census issue and waiting for that data to -- before we meet -- made any moves because we don't know if these numbers are -- so that's something thatl also asked for you to look at as well. Mr. De Grandy: Sure. Commissioner Spence -Jones: And then, Maria, I don't know if you can also expound on that too as well, because I believe you know kind of what happened with the request from the Mayor on this issue, but if you want to expound on -- Mr. De Grandy: Yes, let me give you some general information. Generally, census challenges are extremely difficult, and to give you an example. In the last cycle of all the challenges that occurred in the entire United States, the result was 2,700 additional citizens. That's one thousandths of one percent of what was then 281 million citizens, so they're very rare. This census, there have been 119 challenges by municipalities; 12 have resulted in a change, 19 in no change, 18 -- 88 are pending, including the challenge by the City ofMiami. The ones that have changed have basically been what are called Geocode corrections, and that is when a building, a house, or in this case, they found a systematic flaw where military vessels were classified in the wrong area. Even the population inside a military vessel has to be counted for census purposes and apparently they were assigning them to the wrong municipality. So those resulted in a shift of population from one area to another but not a change or an increase in population overall in the census. Now, since yesterday that we had our conversation, we did some further research. There are, as we discussed, three types of challenges basically that the census considers. Boundary challenges where, for example, you may have annexed an area and that area was not accounted for in the City ofMiami. As long as the boundary existed by January of 2010, those changes would be accommodated. Geocoding, which is what we just discussed, and coverage challenges, the addition, deletion of specific living quarters that were either erroneously included as duplicates or excluded for processing errors. Now what the federal register also says -- and we looked into that yesterday -- is if you're ultimately successful in a challenge -- and by the way, let me take a step back. I can't opine on your challenge because at this point in the process, the census considers it exempt from public records. I would actually have to get the consent of the highest elected official, Mayor Regalado in this case, to allow us to look at your challenge and tell you whether it's viable or not. But what I could tell you on general terms, if it is a challenge where you're basically saying, look, we've sampled and gotten a different result, you must have, you know, systematically over counted by "X" percentage, "Y" percentage, those challenges are never successful. But what the federal register says is that if they were to sustain a challenge and say you gain, you know, a thousand citizens, those thousand citizens can be counted throughout that decade for future programs. In other words, funding opportunities, social services, et cetera. They will not change apportionment data. And so even if that challenge was successful, the numbers of the official census of 2010 are the numbers to be used for apportionment. They will not change no matter what. It makes sense because, for example, the State just passed its plans. It was a multimillion dollar, a very long process. For congressional districting, you have to have absolute mathematical equality, plus or minus one City ofMiami Page 122 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 person per district. And so if you allowed change in apportionment data as a result of a challenge, you'd be in a position where, for example, the state of Florida, if the City ofMiami got 100 more residents, their plan would be unconstitutional before it's even voted on. And so there are legal fictions that are employed for apportionment. The State, for example, just enacted its plans. Its congressional seats are plus or minus one, but plus or minus one based on population of 2010, not a population of 2012. The courts accept that and say, well, there's a point where that's the best data you have and you have to comply based on that data. So the bottom line is even if successful, that population change, if any, in your challenge would not affect apportionment. In any case, there are months of work to do before you actually get to the point of developing concept plans that could be up for public consideration or for consideration of this Commission, so there's a lot of work that could be done at the time that the challenge is still pending. Commissioner Spence -Jones: And ifI could just add two more things. I know in our briefing yesterday, which I thought was very, very helpful, it was mentioned that these two things could happen on the same track anyway. Mr. De Grandy: Of course. Commissioner Spence -Jones: Meaning, if we're -- you know, had we decided that we need to be proactive to put this thing in place, that if we're leaving ourself open to a liability, a possible liability of somebody suing us, then we could be moving on one path to make sure that we, you know, start with the redistricting process, but at the same time, you know, Commissioner Rega -- I mean, excuse me -- Mayor Regalado could continue his efforts to make sure that if there is anything that needs to be contested, while we do feel very strongly that it's really not going to have anything to do with where we need to be from a redistricting standpoint, but at least the two - - one thing doesn't stop the other and wanted to address that because I know that that was one of the things that came up during our last session. Last but not least, I do want you to expound - - Commissioner Sarnoff is not here, but I still want you to expound on the issue of what is it, 5 and 6 -- Maria J. Chiaro (Deputy City Attorney): Yes, on the -- Mr. De Grandy: Amendment. Ms. Chiaro: -- amendments. Commissioner Spence -Jones: Amendments. Mr. De Grandy: Amendments 5 and 6. Commissioner Spence -Jones: Because that was one of the things that came up and no one could really speak on that. Excuse me, let me correct my -- the City -- the assistant City attorney, she did a great job, but I think that we need to hear from you because apparently, you're the one that did it for the State anyway, correct? Mr. De Grandy: I currently represent the Florida House of Representatives on redistricting. I represented the House of Representatives as lead counsel in the 2010. And in 1992, I was a member of the Legislature and ended up suing the Legislature for violation of Voting Rights Act, and we were successful before a three judge court in throwing out the Legislature's plans. So I've been involved in this area for over 22 years. I've also done the city last cycle. I've done the Palm Beach School Board; been involved in different redistricting challenges. And what can tell you about Amendment 5 and 6, Amendment 5 and 6 are in Article 3 of the Constitution which deals with the powers of the Legislature. Amendment 5 and 6 direct the Legislature to take certain actions, one with respect to its state redistricting, one in respect to congressional City ofMiami Page 123 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 redistricting. The amendments are clearly applicable only to those two. They do not apply to counties. They do not apply to municipalities. Now what we did in the last redistricting -- you know, your legal counsel would look to you for what standards you want to use in a plan. What Amendment 5 -- and Amendment 5 and 6 are are standards that were adopted by the people that the Legislature had to follow. Now what standards you want -- should be used in the City of Miami plan is not a legal decision of your counsel. I'm not privileged to have been elected to represent the citizens ofMiami; you have. And so that is a policy directive that you give to us. The last cycle, for example, the City Commission had certain policy directives. You used manmade and natural boundaries wherever possible so we used the Miami River to divide your district, we used different main streets wherever we could and wherever it made sense; keep traditional neighborhoods and communities of interest whole wherever possible. We tried to accomplish that policy directive of the Commission in the plan. The District 2 seat, for example, it made sense to keep both the downtown corridor and the Brickell corridor together because you have significant, you know, business interests there, the same type of housing product of high -density, high-rise condominium. So those things your counsel would be looking to you for policy directive how would you like your plan crafted. That in effect substitutes what the Legislature has, which is policy directive from the people in their Constitution about how to run their redistricting process. Commissioner Spence -Jones: So that answers the question -- concern I know that Commissioner Sarnoff had because I think that there was a little, you know, confusion on those two issues. And what I would just suggest is since both of them are not here, I would like for you to at least have maybe one-on-one briefings with them so that they're clear about, you know, what the issues are. I think Commissioner -- Mr. De Grandy: I would be happy to. Commissioner Spence -Jones: -- Gort was very clear in this is something that we need to do, so I know that, you know -- and in that very short period of time that we talked about it, he was clear that, hey, look, if this is something we need to do, we need to kind of get started on it now because he had a greater understanding about how the process worked. I think that was really it. I don't know if you guys have any additional questions on the issue. Chair Suarez: No. I had the privilege of meeting with -- Commissioner Spence -Jones: Oh, you did meet with him. Chair Suarez: -- Mr. De Grandy on it, so -- Commissioner Spence -Jones: Okay. Chair Suarez: -- I, you know, think -- I can't imagine there's any human being on the planet that knows more about it than he does, but that's just my personal opinion. The Commissioner -- Commissioner Gort's office asked me that we not take any action on this -- Commissioner Spence -Jones: Yes. Chair Suarez: -- in his absence. Commissioner Spence -Jones: Yes. Chair Suarez: So -- I mean, I -- we -- you know, we've been respecting the will of the Commission. But I think the presentation is very thorough, very, you know -- I mean, it's very well done. He wasn't even ready for it. That's amazing. City ofMiami Page 124 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Mr. De Grandy: Well, that's something that at this point I'm very, you know, well versed in after a lot of years of time. If I may, Mr. Chairman, before you move on -- Chair Suarez: Of course. Mr. De Grandy: -- I wanted to commend you specifically, Commissioner Carollo, on the initiative that just passed; that it reminded me, as I was seeing the debate, when I was in the House of Representatives, I filed a bill to protect the rights of breast-feeding mothers to breast-feed in public facilities and it devolved into a debate about topless beaches. And you know, seeing the disconnect that I was seeing between the dais and you on that debate reminded me of how something can devolve into something that it's not and was never meant to be, but I commend you for your efforts to create a family friendly environment in the City. Andl would be happy, if you need any additional briefing or have any questions, to meet with you personally to address those. Commissioner Spence -Jones: AndMr. Chairman -- Chair Suarez: Yes. Commissioner Spence -Jones: -- I think that Madam City Attorney wants to make a statement. I didn't -- I was -- the purpose was not to really -- we should not make any decisions without -- definitely without Commissioner Sarnoff being here. Chair Suarez: Right. Commissioner Spence -Jones: I think that that's important. But what I would like to have happen is the Administration to come back with a recommendation on what we would need to do to get started on the process. I'd like to bring that back not -- maybe not for the February meeting, but definitely for the first meeting in March, I would like to be able to have that. Andl would ask for you to brief them on a one on one, the Commissioners that were not here, so they have a clear understanding so they can be caught up and brought to brief [sic]. Mr. De Grandy: Absolutely. Chair Suarez: Thank you. Ms. Chiaro: AndMr. Chair -- Chair Suarez: Yeah, go ahead. Ms. Chiaro: -- just -- I'm sorry. Commissioner, I didn't mean to speak before you did. Commissioner Carollo: No. I'll yield to you. Ms. Chiaro: There is just one other thing. While we don't have any scheduled elections until 2013, that does not mean that we will not have an election or that there might not be district issues that would be impacted by this. So I wanted to make sure that that was on the record, that there was not that year -and -a -half leeway regardless of what happened. An election could come up at any time. Chair Suarez: Commissioner Carollo. Commissioner Spence -Jones: That's a good point. Commissioner Carollo: Thank you. I just wanted to say that, you know, yes, I would like to meet City of Miami Page 125 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 NA.1 12-00161 with you, you know, in next few weeks or whenever feasible so we can discuss it and be more briefed on exactly what needs to be happening with regards to redistricting. Mr. De Grandy: Yes, sir, I'll call your office and find a time convenient to you. Commissioner Carollo: Thank you. Mr. De Grandy: Thank you. Chair Suarez: Thank you. We are now -- Commissioner Spence -Jones: Thank you. END OF DISTRICT 5 NON AGENDA ITEMS RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT Commissioner THE CENSUS EXPLAIN THEIR STATISTICS IN REGARD TO Wifredo (Willy) Gort OVERCROWDING IN THE CITY OF MIAMI WHICH AFFECTS HOUSING OF URBAN DEVELOPMENT FUNDING TO THE CITY OF MIAMI. Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0054 Direction by Chair Suarez to the Administration to include this resolution as part of the City 's legislative priorities and obtaining an explanation to the City's HUD funding concerns. Commissioner Gort: I'd like to get a resolution asking the census to explain their number, especially the drastic changes in the overcrowding that they show for the City ofMiami 'cause it seems like this is the base that they used to do that. At the same time, a lot of times the people who sit down and make motions and make decisions that -- without realizing how that decision is going to affect the individuals. I think if they were going to have that drastic of a cut, they should have informed us long before and give us at least a year for the people can accustom to that. Some of this cut can really affect a lot of the people and our residents -- Chair Suarez: Thank -- Commissioner Gort: -- so I'd like to have that resolution. Chair Suarez: There's a motion by Commissioner Gort. Is there a second? Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Carollo. Any further discussion? I'd just like to say thatl wholeheartedly support your motion, Commissioner. I -- you know, befuddled by the different decisions that HUD (Department of Housing and Urban Development) has been making City ofMiami Page 126 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 and how they've been affecting the City ofMiami. Andl, you know, want to commend our colleagues and the Mayor for really not backing down and continuing to fight for, you know, what's right for our residents. Ileana Arriola: May I, Commissioner Suarez, make a comment on the HUD? Chair Suarez: Sure. Ms. Arriola: Mr. Mayor, I know you've been working for us and HUD. Chair Suarez: Excuse me one second. Excuse me. The Clerk wants to -- Commissioner Gort: Name and address. Chair Suarez: -- jump in on something. Ms. Arriola: Oh, I'm sorry. Chair Suarez: It's okay. Ms. Arriola: Ileana Arriola. Commissioner Gort: Arriola's cousin. Ms. Arriola: 800 Northwest 13th Avenue, Apartment 1015, Miami 33125. Priscilla A. Thompson (City Clerk): Thank you. Chair Suarez: Thank you. Ms. Arriola: You're welcome. I want to make a recommendation. When you go to Washington, why don't you just mend in some of the people that we, the people, are in need of the HUD. I mean, after all, I waited 31 years to get into low-income housing, which that's uncalled for. I was a single parent, like many others here, andl needed that. But thankfully, I got it 31 years ago -- I mean, 31 years after the fact. I think it would be a great impact if President Obama and the committee -- or the representatives and senators hear from us and not just the politicians because we are the ones affected. Chair Suarez: Andl think we did that about a year ago. We had a public meeting at the Manuel Artime Center where we invited -- we had a variety of -- I'd say hundreds of people that came and voiced their concern about these potential cuts 'cause these have been kind of coming -- been seeing them -- Ms. Arriola: Right, but going to Washington would be better. Chair Suarez: Yeah. Ms. Arriola: We, the people -- Chair Suarez: I'd be great if we -- Ms. Arriola: -- deserve -- I mean, you could squeeze in a couple or three or four people and we will make a view of our part because you are the politicians. Even though you speak for our behalf -- City ofMiami Page 127 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: That's not a bad idea. Ms. Arriola: -- I think our impact -- like I told Commissioner Gort when I was -- he was my Commissioner, sorry, he did not expect what I had gotten through. Chair Suarez: Right. Ms. Arriola: I mean, they can hear from us, our point of views and what we have gone through in necessity. I mean, I have been here since I was 12 years old. I worked when I was 13 compiling to my retirement. And when my retirement comes, I get nothing. I mean, that's not fair. Washington should hear from us people. Chair Suarez: Thank you. Ms. Arriola: Thank you. Chair Suarez: Thank you so much. And you -- just to clarify a little bit, you know, what we're talking about here deals with more economic development and social service money and not so much Section 8 and housing money, but you're absolutely right. I think that -- in my humble opinion, that system is completely broken and, you know, it doesn't work. It doesn't function properly. And it's -- I think probably every Commissioner here has felt that frustration very intimately when they have residents calling them begging, basically, for help with affordable housing. So thank you. Ms. Thompson: Chair -- Chair Suarez: Yes. Ms. Thompson: -- ifI might ask before you take your vote, I need to be clear on exactly -- or I'd like to be clear on exactly what type of resolution and the exact language that Chair -- Commissioner Gort would like placed in there. Chair Suarez: Sure. Ms. Thompson: Is it a symbolic one? Is it something we'll be directing -- he's going to direct us to send to different people? Just that clarity, if you don't mind. Chair Suarez: Thank you. Yes. Commissioner Gort: I would like to have it the -- I'm not an attorney so I will not be able to draft it. I think our attorney got the idea of what we want and the resolution should be sent to HUD andl will accept any amendment anyone would like to make. Chair Suarez: Andl think just to add as a caveat -- and if it has to be an amendment, I'll make it as an amendment -- that we -- 'cause it goes to what you asked -- direct the City Manager to include in our priorities -- for our lobbying priorities and legislative priorities, that we include this resolution as a legislative priority. In other words, getting an explanation to this and potentially fixing this problem as a legislative priority, just like changing the cap from 25 to 15. Ms. Thompson: It sounds like you've got the resolution and then a separate direction to the Manager. So that part don't think needs to be in the resolution. That direction is separately to the Manager. Chair Suarez: Then perfect. City of Miami Page 128 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Ms. Thompson: Thank you. Chair Suarez: And as long as no other Commissioner objects to that direction, then you are so -- you are hereby directed. Commissioner Gort: In other words -- Mr. Chairman. Chair Suarez: Yeah, yes. Please, Commissioner. Commissioner Gort: It should be to the census with copy to HUD 'cause we want to make sure that everyone gets the information. Chair Suarez: Any further discussion? All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: Resolution passes unanimously. NA.2 DISCUSSION ITEM 12-00181 CHAIR SUAREZ ACKNOWLEDGED POLICE CHIEF MANUEL OROSA'S BIRTHDAY IN THE MIAMI CITY HALL CITY COMMISSION CHAMBERS. DISCUSSED Mariano Cruz: Now one thing I'd like to say, today is -- Chair Suarez: The birthday -- Mr. Cruz: -- the Chief of Police birthday. Chair Suarez: -- of the Chief of Police. Take a bow, sir. Mr. Cruz: Yeah. Not only that -- Chair Suarez: Happy birthday. Commissioner Gort: Did you bring the cake? Mr. Cruz: -- they told me -- Chair Suarez: You're looking younger than ever. Applause. Mr. Cruz: They bet me that I had to sing him Las Mananitas. (Comments in Spanish not translated). Chair Suarez: Thank you, Mari -- Mr. Cruz: (Comments in Spanish not translated). Commissioner Gort: Mariano, that's all right. Thank you. Chair Suarez: No, that's okay. Thanks, Mariano. City of Miami Page 129 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 NA.3 12-00192 NA.4 12-00183 Commissioner Gort: We'll do it at lunch. DISCUSSION ITEM DISCUSSION BY CHAIR SUAREZ REGARDING AN UPDATE ON PROPOSED LEGISLATION INVOLVING VACANT PROPERTY SECURITY SYSTEMS. DISCUSSED Chair Suarez: If the Commissioner will allow me tojust have a one pocket quick, it'll -- discussion item, which would -- should take me no more than one or two minutes 'cause it's simply an update, and it's an update on an item that I've been bringing to this Commission time and time again. And my understanding is that there's legislation in the works on the vacant property security systems, and l just wanted you tojust kind of summarize what your --where we're at with that and when it's going to be on and all that stuff and just put that on the record, please. Victoria Mendez (Assistant City Attorney): Commissioner, Victoria Mendez, on behalf of the City Attorney's office. Basically, it's legislation regarding the metal coverings that can be used in order to secure properties. As you well know, we have a constant problem with properties being broken into constantly and, therefore, this legislation can assist with that regard in giving the City another tool to use this certain type of metal covering so that it's not opened at any given time. Johnny Martinez (City Manager): And also reusable so we'll be using -- Chair Suarez: Okay. Mr. Martinez: -- the same product over and over. Chair Suarez: Perfect. Thank you so much. I just wanted tojust get an update on the record. DISCUSSION ITEM ENRIQUE (HENRY) TORRE, WAS INTRODUCED TO THE MIAMI CITY COMMISSION, AS THE NEWLYAPPOINTED DIRECTOR OF PUBLIC FACILITIES. DISCUSSED Chair Suarez: (UNINTET,T IGIBT ,F) on my clock. I have the -- I'm the official time keeper, so -- obviously we don't have a quorum, so Mr. Manager, do you want to introduce the Public Facilities director? You had mentioned you wanted to introduce him. We don't have a quorum, but -- I mean, at least you can introduce him to the staff. Johnny Martinez (City Manager): We have with us Henry Torre (UNINTELLIGIBLE). Unidentified Speaker: Mike. Priscilla A. Thompson (City Clerk): Can you please -- I'm sorry. Chair Suarez: Yeah, your mike's off. Mr. Martinez: I want to introduce Henry Torres [sic]. He's recently hired as our property facility management director. He has over 21 years in property asset management. He comes City of Miami Page 130 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 highly recommended from a lot of areas. And l just wanted to introduce him to the group. He's got a lot of challenges ahead of him, marinas and the Hyatt and all these type of things. So welcome aboard. Henry Torre (Director, Public Facilities): Thank you. Chair Suarez: Well, I would -- Mr. Martinez: And you see how easy we are to get along with. Chair Suarez: Yeah, this place is a piece of cake. So you know, I would encourage you to, as you've done with other big hires, directors, to meet with every single Commissioner -- Mr. Torre: Yes, (UNINTET,TIGIBT,F) Chair Suarez: -- and take the time so that you can share with us your vision and your, you know, history. He -- Manager Martinez has actually demonstrated a very, very -- in my opinion, a very, very good record of picking people and hiring people so I have no doubt that you will, you know, fall under that lineage. Mr. Torre: Great. Well, I look forward to working with you and I'll make appointments with you guys over the next -- Ms. Thompson: I'm sorry. Mr. Torre -- Commissioner Spence -Jones: On the mike. Mr. Torre: Oh, I'm sorry. Chair Suarez: Yeah, you need to get on the mike. That's lesson number one. There you go. Mr. Torre: Lesson one, yeah. Ms. Thompson: Thank you. Mr. Torre: I just wanted to say I look forward to working with all of you, and over the next -- today's my third day, so I'm getting my feet wet with all issues and I'll be contacting your offices over the next day or two to make appointments. Chair Suarez: Thank you, sir. Mr. Torre: Thank you. NA.5 DISCUSSION ITEM 12-00199 DISCUSSION BY COMMISSIONER SPENCE-JONES ON DEVELOPING A PROCESS FOR THE CITY TO USE WHEN CONSIDERING BRIGHT IDEAS OR UNSOLICITED IDEAS, THAT WILL ALLOW FOR AN OPEN AND FAIR PROCESS. DISCUSSED Commissioner Spence -Jones: I just wanted to -- my only pocket item I had that wanted to kind of at least mention to the Administration, andl think it's -- andl wanted to be able to have this conversation with all of my colleagues. But I really want us to put together a system in how we deal with these requests of individuals that, you know, have very good intentions from the City of Miami Page 131 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 standpoint of wanting to do something good for the City and us not having a process on how we vet whether or not it's the best relationship for the City and, you know, I'll just give an example, andl don't want to get into the details on the Friends of Marines [sic], but this is just a -- to me it just seems like a reoccurring issue, andl don't have in anything against the folks that are creating it and, you know, that want to do good things for the marine stadium; the work needs to be done on it, but I just fundamentally have a issue and a concern with how we deal with the process of deciding who is the best fit for these kind of things. And I'm mentioning this -- not going to get into details 'cause the Manager has already told me he's working through it andl appreciate, so it's not about Marine Stadium. It's really about -- I know an item that's getting ready to come to us soon, which is the Gusman Theater, okay, that has the apartment units on top, okay, and -- again, we'll never had a chance to talk 'cause the only time we can talk about it is when we see it on the agenda or we get a draft agenda and we're told, okay, this is what it is, and then we're fending ourselves up here why it's even on the agenda. So my question is -- on this issue is I really want, Mr. Manager, for us to figure out a better way to address people and their bright ideas, okay. Andl don't know another way to say it, but the City right now where we are, we cannot afford to give nothing away for free. To me, as far as I'm concerned, every single thing that we have as an asset, we need to put it to RFP (Request for Proposals). I don't want us to take on the viewpoint of where nobody wants to pay for it or nobody's interested or it cost too much money to fix. We don't know that. Our responsibilities, as elected officials, is to do our -- is to make sure that everything is open and transparent. Andl'm very concerned when I keep seeing things pop up on -- and then I look like the bad guy 'cause I'm like saying don't agree with this, you know. Andl'm only one vote, right? But you're going to always see me up here fighting against us not doing things properly, and I know you guys fight for the same thing. So I -- is this -- am I the only one that has an issue and a concern with, you know, how the bright ideas become something that we have to vote on, and there's not the open process that if you got a bright idea, let's see how many other bright ideas are out there with money -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- that can help us underwrite this $22 million possible deficit that we may have? Chair Suarez: It would be nice -- andl think the last deficit numbers that Danny -- that Mr. Alfonso gave were in the 40s so, anyhow -- but let's not focus on that right now. We've done enough of that over the last few years. I agree with you, I think a process needs to be established when people bring ideas, unsolicited ideas to the City ofMiami, we should engage in some sort of a formal process that's uniform -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- and that's transparent. I had a little bit of frustration with the whole issue, and it's not a reflection on the Administration. They did a good job. But I didn't really know how to handle it myself with the ICANN (Internet Corporation for Assigned Names and Numbers) you know, idea, which was the one of getting the dot Miamis. Commissioner Spence -Jones: Oh. Chair Suarez: Yeah. Somebody came and approached me about it. Bright idea, right? Commissioner Spence -Jones: Yes. Chair Suarez: And so there really wasn't a set procedure as to how to move forward. Andl think you're absolutely right. I think the best way to do it is establish a procedure, make it transparent, and go forward. But I'm not complaining about the way the Administration handled it. They handled it very well and they did everything that they could do and they were diligent in trying City ofMiami Page 132 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 to, you know, work on something that should be, you know, obviously positive for the City of Miami from a revenue perspective. Commissioner Spence -Jones: Andl (UNINTELLIGIBLE) right now the Believe thing -- not the Believe. What is it called? Miami Dot Com. I just -- I think that one of the things that, at least from the last six months, I've been very happy about working with this Commission on is that since I've been here -- and then I don't know if it's because I'm constantly pushing the issue, but I see that you guys are at least making a effort to ask all the right questions or at least try to drill down on the right questions. And it just makes us look really, really bad, guys. It really makes us look bad when we have an item that we have to vote on and there's so much stuff that's been done behind the scenes on an issue and then when we finally get the briefing or the item, then we look like the bad guys, and I'm just simply saying -- and I'm saying to our Manager, which you know -- not on the Miami -- I mean, I told you how I felt about the -- I think that everything -- I don't care what it is -- should be an RFP process, and if that group was a great group, that's awesome; they will win it, you know. But I think that we which stay out of the midst of mess when we keep things open and transparent, when we put things out to RFP. I mean, today you guys -- I was in the middle of a conference call for another major issue that I was dealing with where you guys were going back and back -- back and forth on one issue and it's because you wanted to make sure that the process was respected, you know. And then how on one end we say we want to make sure the process is respected, but then when another bright idea comes, you know, we feel like, okay, nobody else wants to do it. It's the easiest way to deal with it 'cause the Administration may be overloaded and they can't deal with anything else and this is just adding an added responsibility. We have a responsibility to the voters, to the people of the City to make sure that no matter what, we keep the process open and upfront. And I'm just -- I just -- it wasn't on my agenda today, but after my briefing yesterday -- and I love -- where's Alice? I know I drive you crazy, Alice. And Mr. Manager, I appreciate you stepping up to the plate and saying I will pull this item and we will hammer it out more. But it took us two hours to get there, you know what I mean. So my point in all of this, I just want to make sure -- because I understand that we're doing the same thing with a new situation, nobody wanted to take care of it. It was the ugly duckling andl don't know the man. He's probably a great man and doing a great job with the theater, but because you know how to run a theater doesn't mean you necessarily know how to run an apartment building, which quite frankly, those could be resources that could be brought in to our coffers. So I just -- I don't -- I'm just going to say to my fellow Commissioners, do you guys understand what I'm saying or am I -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- insane on this request? Chair Suarez: No, no, no, you're not. Commissioner Spence -Jones: Because I'm looking at the Administration and they're like -- Chair Suarez: No, no, no, no, no. And -- Commissioner Spence -Jones: -- why are you -- Chair Suarez: You know, in their defense, you know, the times where they've come to me or where somebody's come to me with a bright idea or whatever, or any time that there's been any issue about bringing something as a discussion item in anticipation of legislation, they've always, you know, been good about, you know, following that direction, andl think maybe that's what -- maybe that's where this leads to, which is to say that whenever someone comes with a bright idea, let's have a discussion item. Commissioner Spence -Jones: Yes. City of Miami Page 133 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Chair Suarez: And the Administration has been very good and liberal about having Administration -related discussion items -- Commissioner Spence -Jones: Right. Chair Suarez: -- you know. And bring it to the attention and let the policymakers drive it. It makes it easier for them too -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- because it gives them a lot more cover. Commissioner Spence -Jones: So if we can just make -- Chair Suarez: Right. Commissioner Spence -Jones: -- this official right now so we don't have this as an issue. Whenever we have bright ideas, okay, or whenever someone has a bright idea of how they can help the City make money or take something off our hands, that the first step is that it comes to this dais for us to talk about it. I love the idea that Carollo said two Commission meetings ago, and that was, you know, RFP goes out and we don't even know what's in RFPs. So this could be the opportunity once you put it down there, you know, as a discussion, then we're able to say, when this RFP goes out, here's the four or five things that we think are important to be included in it so that as they draw up or, you know, as the Administration draws it up, then at least you have our input. Because I hate for you to put so much work into something and then have it come back to us and we have a 20-minute meeting with you and we're beating you down on a issue that, quite frankly, we could have dealt with weeks ago. So if the Commission is okay with that, one, the first step, anybody that has an interest in doing anything with the City from -- that has anything to do with our assets, you know, or any bright ideas, that the first step is a discussion item. We discuss it, and if there's any input that we may think is important for a RFP process, then we make the recommendations. If not, my own personal recommendation, I'd like to hear what my fellow Commissioners are making as recommendations that will actually go into an RFP. If we can do that -- I know you can't do it on everything 'cause everything you can't do it on, but stuff that has a real impact or stuff that, to me -- Chair Suarez: Big -ticket items. Commissioner Spence -Jones: Huh? Chair Suarez: Big -ticket items. Commissioner Spence -Jones: Yeah. We can't -- we just can't afford -- I don't want to be in a position where I'm voting on something that, for whatever reason, doesn't smell clean. So if we can, I would like to at least make sure, Mr. Manager, that we put that step in place. Johnny Martinez (City Manager): I agree with you; we shouldn't rush into things when we don't have to. Commissioner Spence -Jones: Yeah. Mr. Martinez: I mean, I -- what I've been trying to do is when we get these innovative ideas is to have the person that's thinking of the idea brief each Commissioner and then set up a discussion meeting here on the dais as an agenda item -- City of Miami Page 134 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 Commissioner Spence -Jones: Yes. Mr. Martinez: -- when the time allows and we don't have the guns to our heads. But lately we've been rushing into things -- Commissioner Spence -Jones: I know. Mr. Martinez: -- and we really don't have to sometimes. Commissioner Spence -Jones: So if we could just make it official -- Mr. Martinez: We will. Commissioner Spence -Jones: -- now, that would be a much better thing. Mr. Martinez: We will. NA.6 DISCUSSION ITEM 12-00193 DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING ISSUES ASSOCIATED WITH AFFORDABLE HOUSING UNITS LOCATED AT THE GUSMAN CENTER FOR THE PERFORMING ARTS. DISCUSSED Commissioner Spence -Jones: And then I just have two questions, and I'm going to shut up so we can go home for the day. Madam City Attorney, that brings me just -- the reason why I'm bringing this up, the whole Gusman issue, I'm hoping that we're moving forward to addressing the lawsuit issue on the affordable housing contract portion for the Gusman. Are we moving in that direction? Maria J Chiaro (Deputy City Attorney): Yes. Commissioner Spence -Jones: Okay. Ms. Chiaro: We have -- Commissioner Spence -Jones: I think the two things should be separate. I think that if -- whoever is handling whatever agreement that needs to be resolved with the housing on top of the Gusman, that needs to be a separate issue and it should be resolved and moved on, right? The new issue about who's going to manage it and operate it, that needs to be a separate process as well. We need to keep the two things separate. So I just want to make sure we're moving in that direction. Ms. Chiaro: Yes, we are moving in that direction. And I'll give you a more detailed briefing or make sure that the attorneys in the office give you a detailed briefing as to where we are on both issues. Commissioner Spence -Jones: Okay. And then last but not least, on that property, meaning the apartments upstairs, I just want to make sure that once you resolve the issue of what happens with the apartments above Gusman, that there's an actual plan on who's going to be managing it in the meantime until we decide what's going to happen to it. I see Lady Sa -- I mean, I see Attorney Sasha just came out of -- I don't know if she ran down for a reason. If there was something -- Ms. Chiaro: We'll provide you with that information. City of Miami Page 135 Printed on 2/27/2012 City Commission Meeting Minutes February 9, 2012 ADJOURNMENT Commissioner Spence -Jones: Okay, no problem. All right. Chair Suarez: Adjourn the meeting? Commissioner Spence -Jones: Yes. Chair Suarez: Thank you. Meeting adjourned. The meeting was adjourned at 4: 37 p.m. City of Miami Page 136 Printed on 2/27/2012