Loading...
HomeMy WebLinkAboutCC 2012-02-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V d1C1Re 4RATtI V. 4r r3 i'e � �.2- Meeting Minutes Thursday, February 23, 2012 9:00 AM PLANNING AND ZONING 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 23, 2012 CONTENTS Present: Commissioner Gort, Vice Chair Sarnof3", Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BI - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 23rd 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 10: 27 a.m, reconvened at 11:17 a.m., recessed at 12: 06p.m, reconvened at 2: 02 p.m, recessed at 5:13 p.m, reconvened at 5:19 p.m and adjourned at 6: 29 p.m. Note for the Record: Commissioner Gort entered the Commission chambers at 9: 02 a.m., Commissioner Spence -Jones entered the Commission chambers at 9: 05 a.m., and Commissioner Carollo entered the Commission chambers at 9: 07a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk Chair Suarez: Welcome to the February 23, 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, and me, Francis Suarez, the Chairman. I think we're missing here Commissioner W fredo Gort as well. Also on the dais are Johnny Martinez, the City manager; Julie O. Bru, the City Attorney; and Priscilla A. Thompson, the City Clerk. The meeting will open with a prayer by myself and the pledge of allegiance by Commissioner -- Vice Chairman Sarnoff. If we can stand, please. (Comments made in Spanish not translated). Silence, please; we're going to say a prayer. Prayer and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00196 PRESENTATION Honoree Presenter Protocol Item City of Miami Mayor Regalado Commendation Police Dept. Award Recipients Det. Daniel Garrido Ofc. Leonardo Carrillo Sgt. Kevin Harrison Ofc. Jonathan John Det. Alex Lamprou Hector Infante Arnold Yen Hiram Cabeza, PSA Olidia "Lee" Hernandez Community Friends Commissioner Gort 12-00196 Protocol Item.pdf Certificates of Appreciation City ofMiami Page 3 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 PRESENTED 1) Mayor Regalado presented Certificates of Outstanding Service to the following members of the City ofMiami Police Department for their commendable professionalism and commitment, as well as their outstanding valor in ensuring the safety of the community: Detective Daniel Garrido, 2011 Officer of the Year; Hector Infante and Arnold Yen, 2011 MPD Civilian Employees of the Year; Officer Leonardo Carillo, 2011 Community Policing Officer of the Year; Hiram Cabeza, 2011 Public Service Aide of the Year; Seargeant Kevin Harrison and Officer Jonathan John, 2012 LEO (Law Enforcement Officer) Awards Police Officers of the Year and Patrol Service; Detective Alex Lamprou, 2012 LEO Awards Investigator of the Year; and Olidia Lee 'Hernandez, 2012 LEO Safety Award. 2) Commissioner Gort presented Certificates of Appreciation to various community partners for their wonderful commitment to civic responsibility and communal welfare through generous donations and support for critical neighborhood projects in the City ofMiami. Chair Suarez: We'll now make the presentations and proclamations. Mr. Mayor, you're recognized. Mayor Tomas Regalado: Good morning. If we can have Chief Orosa, please. [Later..] Mayor Regalado: Thank you, Mr. Chairman. 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MAYORAL VETOES Chair Suarez: We'll now proceed with the approval of the minutes from the Planning and Zoning Commission meeting of January 26, 2012. Is there a motion? Vice Chair Carollo: So moved. Chair Suarez: Moved -- Commissioner Spence -Jones: Second. Chair Suarez: -- by Commissioner Carollo, second by Commissioner Spence -Jones. Any further discussion? Hearing none, all in favor, signify by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: Motion passes unanimously. END OF APPROVING MINUTES NO MAYORAL VETOES City ofMiami Page 4 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: We'll proceed with order of the day. Does any Commissioner wish to continue, defer, or withdraw -- Priscilla A. Thompson (City Clerk): Excuse me. I apologize, Chair. Chair Suarez: Yes. Ms. Thompson: Actually, your mayoral vetoes, please. Chair Suarez: You are correct. I'm sorry about that. Madam Clerk, are there any mayoral vetoes to report at this time? Ms. Thompson: No, sir. There are none. Chair Suarez: Thank you. ORDER OF THE DAY Chair Suarez: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Good morning. Thank you, Mr. Chair, members of the Commission, Mr. Mayor, Mr. Manager, Madam City Clerk, members of the public. 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 ww.miamigov.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. Please, no cell phones or other noise -making devices are permitted in the chambers. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person that requires auxiliary aids -- anyone with a disability requiring such auxiliary aids, please contact the City Clerk. And the lunch recess will begin at the conclusion of deliberation of the item being considered at noon. Thank you. Chair Suarez: Thank you, Madam Attorney. [Later...] Chair Suarez: We will now proceed with the order of the day. Does any Commission wish to continue, defer, withdraw any items from the regular agenda? I guess there's no consent agenda. Commissioner Carollo: Yes. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I don't know what the Administration is planning on deferring. It might be some of the same items. But I'll just defer what I think should be, then I'll wait for the Administration -- Chair Suarez: Sure. Commissioner Carollo: -- maybe add some items. I would like to defer PH. 6. This will not have no budgetary detriment. However, I want to make sure of the information that I received. They have requested a few deferrals, andl recently received the information so I need time to also City of Miami Page 5 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 review it. So I request a deferral until the next Commission meeting of PH.6. And the other deferral I'm going to ask is in the PZ (Planning & Zoning) items, so that will come later. Chair Suarez: Okay. Mr. Manager, does the Administration wish to continue, defer, withdraw any items from the regular agenda? Johnny Martinez (City Manager): Yes. Chair Suarez: Thank you. Mr. Martinez: RE. 6, defer to March 8; and DI 1, defer to March 8. Commissioner Carollo: DI1. Mr. Martinez: RE. 6 is the Marine Stadium MOU (Memorandum of Understanding) and DI 1 is the PACE (Property Assessed Clean Energy) district discussion item. I would like to defer that discussion 'tilMarch 8. Sergio Guadix (Director, Code Enforcement): With all due respect, Mr. Chairman. Chair Suarez: Yes. You're recognized. Mr. Guadix: PH.6, I believe that Administration is ready to go. All the information was given on time, as a matter of fact back -- as far back as a month ago; was sent by me. And then there was no issue with the five-day rule, so we're ready to go with that. Chair Suarez: I understand, but a Commissioner's made a motion so I have to respect his motion. Is there a second? Commissioner Carollo: Mr. Chairman, real quick. Chair Suarez: Yes, yes. You're recognize, Commissioner Carollo. Commissioner Carollo: He's saying that a month ago the information was sent. I think in the -- that Commission meeting, I clearly stated how the information was erroneous. Mr. Guadix: The day after, sir, I sent you the proper information -- I sent it to everyone here -- with the request for you to ask me any questions about it, and then it was sent in the agenda before -- at the -- on a timely basis so you could have it in actual -- the printouts. But the actual electronic was sent to you on January 25. Commissioner Carollo: All I could say is that you have deferred this so many times that I need to see what exact day you sent what and what I have. Again, you've deferred it two or three times and that's why it's been a month or so. I am just simply, you know, out of courtesy, asking for time to review it to see exactly what you have given me. Luis Cabrera (Assistant City Manager): We agree, Commissioner. Thank you very much. Chair Suarez: Is there a motion to defer PH. 6 to the next Commission meeting? Commissioner Spence -Jones: I just have a quick question -- Chair Suarez: Yes, yes. Madam Thompson Commissioner Spence -Jones: -- Mr. Chairman. City of Miami Page 6 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Commissioner. Commissioner Spence -Jones: I just want to make sure that -- Commissioner Spence -Jones: -- 'cause I'm -- I see a whole bunch of Code Enforcement officers walking in. So I just want to be clear, is there a time -sensitive issue on this item? Commissioner Carollo: Not that I know of but -- Commissioner Spence -Jones: I just want to hear from -- I'd like to at least be clear from -- Commissioner Carollo: Absolutely. Commissioner Spence -Jones: -- the Admin -- Mr. Guadix: These -- I'm sorry, ma'am. Commissioner Spence -Jones: -- Mr. Manager, I would like for you to address it. Mr. Manager. Mr. Guadix: Yes. Commissioner Spence -Jones: Is there a time -sensitive issue -- andl see the Budget guy out, so is there a time -sensitive issue on this for today? Mr. Martinez: I think we could handle another deferral so that the information is verified and the Commissioner has enough time to look at it, even though we've stated that we gave it to him. But in deference to the Commissioner, we don't have a problem continuing it one more time to make sure all the numbers are correct, the addresses are correct. Danny can take care of it in his budget right now. One more cycle won't kill the budget. Commissioner Spence -Jones: Okay. Because it just seems that -- so this is really a budget issue -- a people issue. Is that the reason for the concern, Sergio? Mr. Guadix: Well, yeah. I have 13 inspectors that are being affected maybe not in everybody else mind, but when you do your job, you want to know that you are being funded and everything's being taken care of. And morale is already bad enough for them. Commissioner Spence -Jones: Yeah. I understand. Mr. Guadix: And for them to continue on this problem, I wanted you to see -- Commissioner Spence -Jones: Yes. Mr. Guadix: -- those are the ones that are being affected. Commissioner Spence -Jones: Right. Okay, let me say this. Okay, let me just say this. I want to respect the Commissioner 'cause he needs -- if he needs more time, but I think that we can all agree sitting up here -- all of us sitting up here, this is about people in the end. So I'm going to ask -- and if the City Manager is now saying that we -- we're not going to have a budgetary issue Mr. Martinez: No. They're going to continue to work. Commissioner Spence -Jones: Okay, so at least -- City of Miami Page 7 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mr. Martinez: By the end of the budget season, we need to reconcile the number and get the approval to -- Commissioner Spence -Jones: Okay. Mr. Martinez: -- pay back the -- Commissioner Spence -Jones: Okay, 'cause I -- Mr. Martinez: -- pot. Commissioner Spence -Jones: -- just want to be clear 'cause at the end of the day, regardless of what confusion Administration or we may have up here, individuals should not leave feeling like they don't know what's going to happen to them tomorrow. Mr. Guadix: And that's my problem. Commissioner Spence -Jones: We have a responsibility to the City employees so at least you can leave resting assured that you don't have to worry about whether or not you're going to get paid tomorrow or the next week. They've already confirmed it on the record, so feel sure about that, okay. And then I'm going to ask our fellow colleagues if we can at least make sure that we have a guarantee -- doesn't have -- it's not about Sergio. It's not about the Manager. It's about the people that serve the City -- that at least by the next City Commission meeting we would have this handled? Can we at least agree to that? Chair Suarez: I agree. Commissioner Carollo: Mr. Chairman. Mr. Guadix: Thank you. Chair Suarez: Wait, wait. Commissioner Gort, then Commissioner Carollo. Commissioner Gort: I think this item's been deferred about four times already. Commissioner Carollo: Not by this Commissioner. Commissioner Gort: I understand, but it's been deferred four times. I want to make sure if any one of us have any questions, bring it up today -- we'll send it today to make sure at the next meeting we can hear this. Chair Suarez: Thank you, Commissioner. Commissioner Carollo: Mr. Chairman. Commissioner Gort: Thank you. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. And I'm glad you said that, Commissioner Gort, 'cause it seems like whenever the Administration wants a deferral, you know, we're lenient about it, andl didn't make an issue, even though, Mr. Guadix -- Director Guadix, I've been asking for this information for more than a year. City of Miami Page 8 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mr. Guadix: Yes, sir. Commissioner Carollo: More than a year. And if you don't believe -- Can I have the Budget director come before us, please? Good after -- good morning. Daniel Alfonso: Good morning, Commissioner. Daniel Alfonso, Budget director of the City of Miami. Commissioner Carollo: Mr. Director, in the next budget meeting or at least in the month of March Commission meeting, are you going to have an adjustment for roughly a year ago for $800, 000 or somewhere around that area of monies that we used for Code enforcement and never came back to this Commission; and the reason why -- the reason why those monies were put in a reserve is to receive the information that I've asked for over a year ago? Mr. Alfonso: Commissioner, when we do the end -of -year item, which we expect to do in the end of March, possibly the first meeting in April, depending on when our fiscal year audit finishes, we will bring to this Commission part of the adjustments to allow the releasing of the funds that were set aside in December of 2010. Commissioner Carollo: So December 2010. And we are, what, in 2012, February 2012? So when you're telling me oh, a month ago you asked for the information I gave you the next day, no. I've been waiting since December 2010, okay. Andl understand it's two separate years, but the bottom line is I've been waiting since December 2010. So you have asked -- thank you, Commissioner Gort -- for four deferrals, you know. I haven't stated anything. I've let it go by. Maybe you need more time, whatever it is. Now I ask for a simple deferral and you get bent out of shape or what appears to be bent out of shape and you know, I think that's a little unfair. Mr. Guadix: No, I'm fine. But any time my employees are affected, I tend to get a little bent out of shape. I'm sorry, Commissioner. Commissioner Carollo: No. When you say your employees are affected, how are they affected? Why didn't you -- Mr. Guadix: Because -- Commissioner Carollo: -- provide that information in December 2010 so they wouldn't be affected? Mr. Guadix: I'm sorry, sir, but I think that we've been -- given the information, the goal just keeps on getting a little bit further off. That's my opinion though. Commissioner Carollo: Remember, on two Commission meetings, the information you gave was erroneous. It was wrong information. And you figure after the first Commission meeting thatl mention that that the information you gave us was erroneous, you would have figured it out in the next Commission meeting; it would have been correct, instead of giving us again erroneous information. So if you really care about your employees, you would have given the information that you were supposed to give to this Commission. Mr. Guadix: No, sir. The first Commission meeting, I was not here, so no erroneous information was given. The second Commission meeting was when I gave you the reports, and the reports happened to be erroneous, okay. Then I sent it to you right the next day with the information. I want to help you. Whatever information you need, I'll get it to you, but I received no information until right now today. That's my opinion. I'm sorry, I don't -- I'm not -- you're the Commissioner and I'm just a director. I'm sorry; I just needed to tell you how I felt. City of Miami Page 9 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Carollo: Mr. Manager, what I'm going to do is I'm going to pull the minutes. I'm going to give the information on both Commission meetings, andl expect that in the documents that's in Legistar, the backup is there. I will give you the backup for two Commission meetings where they're both erroneous, andl will give this to the Manager so you could kindly give it to the director and we could educate him 'cause I'm very certain that in two Commission meetings, the information was erroneous, and not to mention that I've been asking for information going back to December of 2010. So, you know, again, if you really care about your employees, I think that, Danny, you should act as a director and give the information that this Commission requests and actually voted on and we still -- well, the Administration gave you the funding for 2010 without even coming back to this Commission, you know, which is a problem in itself. And now in March, you're going to see that we're going to have to make an adjustment in order to give you those funds. So if you really care about your employee, I say you come before us and you provide the information that is needed since December 2010. With that said, I do have a question. I wasn't expecting everyone to come here, andl understand that, you know, some people are concerns [sic]. Is everyone here on duty or how is this working? Is everyone off duty? How --? Mr. Guadix: No. Actually, they're here on vacation. They took vacation. Commissioner Carollo: Okay. Mr. Guadix: Yes. Commissioner Carollo: And again, I just want to know because, again, I caught off guard. I asked for a simple deferral and all this -- and I get all this drama; yet, the last four Commission meeting when you requested deferrals, there was no drama. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes, Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: I don't want us to go back and forth on the issue. If we can at least make sure that whatever the Commissioner needs before the next meeting, we handle that from the Administration side. This is not about us against you guys. That's not what this is about. Andl really, you know -- andl understand, you know, when we get upset about not having what we need to have. But we all have to realize -- I'm saying from both sides, from staff side and from Commission side. I'm going to just speak for myself. I want to treat people the way I want to be treated, so I can understand their concerns in the end about their jobs, and our responsibility is to lay it to rest, that they don't have to worry about their job issues, which I think we've made that clear to them, okay. And understand, as you're director, you have a responsibility to them as well. So I don't want us to go back and forth. And Commissioner Carollo, I think we've already spent a lot of time on this item this morning so if we can at least be done with this issue and at least be ready for the next Commission meeting. The City employees at this point understand what's happening. The Administration understands what needs to be done. And the Commission sitting up here have just gotten -- we all acknowledge that this has to be addressed at the next City Commission meeting so that we don't have a bigger issue. I think it's a closed issue at this point. I do want to make sure -- because I know in my briefing with George yesterday, which is ultimately responsible for these monies -- I want to make sure that he puts on the record that we're not creating an issue, you know, with HUD (Department of Housing and Urban Development) or with anyone regarding these dollars. Commissioner Carollo: Including December 2010 that, improperly, we used those funds and the only way to fix it is not to do an adjustment in March. George Mensah: Good morning. George Mensah, director, Community Development. City of Miami Page 10 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Community Development funds are provided to the City for use in a variety of ways. In 2008 the City Commission decided that for effective use of the funds, some amounts must be dedicated for Code enforcement activities in eligible areas. From 2008 those funds have been provided to Code enforcement activities. In 2010 you provided $800, 000, but the $800, 000 was contingent upon receiving a no reduction entitlement from federal government. Unfortunately, we did receive some cuts and therefore the Code Enforcement Department was also cut so that they (UNINTELLIGIBLE) (9: 32: 555) received instead of 800, 000, they received $670, 000. The issue that we have in Community Development is that because of our change in year, every first of February the -- there's what is called a Timeliness Test that is done on any and every entitlement agency. And the test is that you cannot have in your line of credit with the federal government 1.5 times your normal allocation. Unfortunately, because of the change in years and the amount of money we have, the City ofMiami on first February did not meet its timeliness test, and the timeliness test is because of the fact that we are not spending the money fast enough. Not paying this debt -- we have about two hundred and something thousand dollars that we could spend today if this item was approved today. Unfortunately, that is being postponed so it's an additional month that we will have to wait. And the Commissioner is right; when the money was approved, the Code Enforcement part of it was put in reserve, contingent upon the documents being produced. And unfortunately, in September, the Community Development did not reimburse City until September of 2011 when the reimbursement took place because at that time, we come to the end of the year of September and we didn't want the City's general fund to take a hit so we repaid the City up to September 30. From September 30, 2011, no amount has been given to the Code Enforcement agency and we are holding that until such time that issue is resolved. (UNINTET,T IGIBT ,F) (9: 30: 40) as soon as -- I would have wished that the issue would have been resolved yesterday so that we can pay the money, it can relieve us in time for a timeliness issue. So one month, yes. I cannot produce to HUD the fact that I'm using the money long enough, but I think one month will not kill us. My only entreatment to the Commission is that whatever we need to do on the Administration side to provide information satisfaction of every Commission member, that we know exactly what we need to provide and we will insure that those information is provided so that this issue can be brought to rest and we '11 be able to pay out -- reimburse the City's reserve funds or the City's funds for those dollars. So that's the only thing I would (UNINTELLIGIBLE) (9: 35.24) ask the City Commission. Commissioner Spence -Jones: So, George, that was a very long answer. Commissioner Gort: Yeah. Commissioner Spence -Jones: Very long answer. Can I just get a yes or no? Do we have a problem? That's what I need -- Mr. Mensah: Yes, we do have a problem. On February 1, I did receive a (UNINTELLIGIBLE). (9: 35: 37) letter -- We do have a problem, yes. Commissioner Spence -Jones: Okay. So -- Commissioner Carollo: However, that problem -- Chair Suarez: Wait, wait, wait. Let her finish and then Commissioner Carollo. Commissioner Spence -Jones: Okay. And you did a great job -- Chair Suarez: And Commissioner Gort. Commissioner Spence -Jones: -- with it, George. We just had to follow you for a minute. Because at the end of the day, I think all of us just want to know, us not voting on this item today City ofMiami Page 11 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Carollo: It doesn't fix the problem. Commissioner Spence -Jones: I can't speak of Sergio, can't speak of anybody else, but from HUD's perspective -- I mean, from the federal government's perspective, us not voting on this item today, does this hurt us in any way? Mr. Mensah: Well, it -- I can't say it hurts us because another additional two weeks will not do anything to us. Commissioner Spence -Jones: Okay. Mr. Mensah: But if it continues to be postpone, yes, it definitely will have -- Commissioner Spence -Jones: Okay. So your recommendation -- 'cause you're the professional in this area -- is that you're okay with another two weeks -- Mr. Mensah: Yes. Commissioner Spence -Jones: -- and we won't have an issue? Mr. Mensah: Yes. Commissioner Spence -Jones: Okay, so another two weeks. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman -- Chair Suarez: Yes. Commissioner Carollo: -- just to conclude. Chair Suarez: Commissioner. Commissioner Carollo: I want to be perfectly clear. This is not about the employees. This is not about any of you all. This is about this Commissioner and this Commission back in December 2010 requesting information, and the only way we could make sure we get that information is we say, you know what, the funding, that's the only ability we have. I cannot go and tell director, I need this information. The only thing we could do is when the budget comes before us, to say okay, why are we allocating this amount of money to your department. And this Commission voted unanimously to put it -- put that money in a reserve account, not to spend it but put it in a reserve account until your director gives us the information that is required, that is needed for us to make a decision. That has never occurred. Fast forward a year, we're having the same issue with this current year. Now to fix the December 2010, we need to do an adjustment next month in March, and now we're dealing with this current year. So he says all the information has been provided recently or a month ago. I don't know; he's deferred four times. I'm asking for a simple deferral because it's been a short week. We had an executive session that lasted, you know, at least three and a half, four hours yesterday. And need to make sure of the information that's been provided. So I ask for a simple deferral. Again, this is not about the employees. This is about the director giving the information that this Commission and this Commissioner has requested in order to make a prudent decision regarding the funding. Chair Suarez: Commissioner Gort. City of Miami Page 12 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Carollo: Thank you. Commissioner Gort: Yes. I understand his point of view. At the same time, I think if the Administration deferred the item four times, the Administration should have been sure that the answers were -- the question asked by this Commissioner and the Commission should have been answered. I mean, this is something that we need to do. I mean, we can't have this. Every time there's a meeting, we defer without knowing why. We got to have the answer to the questions. Commissioner Spence -Jones: Mr. Chairman, I -- Commissioner Gort: So let's make sure get it -- Chair Suarez: Yes, Commissioner -- Commissioner Gort: -- for the next time, please. Chair Suarez: -- Spence -Jones. Commissioner Spence -Jones: I thought we was done with this five minutes ago. Chair Suarez: Yeah, so didl. Commissioner Spence -Jones: But let me just say this, in all fairness on the item, because I'm only going to speak from a fairness standpoint, yes, the item has been deferred by the City Administration, but it's been deferred because we've asked for it to be deferred. So, you know, I just want us to be fair when we make statements. So at the end of the day, we can go back and forth on the issue. I think that there's a lot of other community -based organizations that are really waiting to hear what's going to happen next for their organizations, you know, as to whether or not they're going to survive. I would really ask that -- Commissioner Gort: Do it. Commissioner Spence -Jones: -- we just close out on this issue so that we can move on and deal with the business of why we're really here. Chair Suarez: Thank you. I just have one -- first of all, we have to see if there's a motion. But my question is on DI]. The Administration wants to defer it. I -- what's the reason for that? I -- we were never told that was going to be -- Mr. Martinez: We've been working very closely with the PACE district. Chair Suarez: Okay. Mr. Martinez: And there's still a lot of unanswered questions that we want to -- Chair Suarez: Okay. Mr. Martinez: -- insert into the agreement -- Chair Suarez: Okay. Mr. Martinez: -- and we both, the district and the Administration -- Chair Suarez: Okay. City of Miami Page 13 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mr. Martinez: -- both agree that it's -- Chair Suarez: Okay. Mr. Martinez: -- in our benefit to defer the item. Chair Suarez: Okay. Is there a motion? Commissioner Spence -Jones: So moved on -- Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence -Jones, PH. 6, deferral to the next meeting. RE.6 and DI] deferred to the dates that the City Manager stated on the record. There's a second by Commissioner Carollo. Any further discussion? Hopefully not. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: It passes unanimously. Ms. Bru: Mr. Chair. Chair Suarez: Yes, Madam City Attorney. Ms. Bru: I have an item that is a public hearing, item number 8, which I would like to withdraw. Chair Suarez: Thank you. Ms. Bru: PH.8. Chair Suarez: We don't need a motion -- Commissioner Gort: PH (Public Hearing). Chair Suarez: We do? Okay. Commissioner Carollo: So moved. Ms. Bru: PH.8. Chair Suarez: Is it -- motion by Commissioner Carollo to withdraw PH.8. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: PH.8 is withdrawn unanimously. City of Miami Page 14 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 9:00 A.M. PH.1 12-00078 Department of Community Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR 2012-2013, IN THE AMOUNT OF $4,965,718 FOR THE ACTIVITIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, COMMENCING APRIL 1, 2012; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSES. 12-00078 Summary Form.pdf 12-00078 Notice to the Public.pdf 12-00078 Legislation.pdf 12-00078 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0058 Chair Suarez: Mr. Mensah, do you think we can get through this in half an hour? We have -- George Mensah (Director, Community Development): Yes, yes. Chair Suarez: Okay. Mr. Mensah: I mean -- Chair Suarez: PH.1. George Mensah: George Mensah, director of Community Development. PH.1 is a resolution authorizing the allocation of program year 2012/2013 in CDBG (Community Development Block Grant) funds, in the amount of $4.9 million, to activities specified in Attachment A. These are activities -- there are various categories. And we have public service of 744, 858, program administration of 993, 000, Code Enforcement, which will be heard in two weeks, of 670, 000, Section 108 Debt Service of 550, 000, and Economic Development activities of 2 -- approximately $2 million. Chair Suarez: Thank you. The public hearing on PH.1 is now open. Any members from the public wishing to speak on PH.1? And let me just say that, you know, a lot of the different organizations already had an opportunity to speak at the press conference and your messages were heard loud and clear, so if we cannot duplicate that here now so that we can get through these items before lunch, I would real appreciate that. You're welcome to if you want, but I'm just saying. Right. Mr. Muhammad, you're recognized for the record. Grady Muhammad: Good morning, Mr. Chairman -- Chair Suarez: PH.1. City of Miami Page 15 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mr. Muhammad: -- Commissioners, staff Clerk. Grady Muhammad, CEO (Chief Executive Officer) Miami -Dade First, 5426 Northwest 7th Avenue. What we have here is the allocation of the funds, but what we have to start to doing is to finding out what these funds last year, the year before, the year before, what was the accomplishment or the abject failure. We don't have measures. You always talking about measures. Commissioner Sarnoff, you're always talking measures, how to be able to measure this. We have to -- we almost, what, about the 38th, 39th year. Dog, 38, 39 years, we should have -- Michael Putney talked about the hundreds of millions coming in Liberty City that we should be able to show some improvement in 30-something years of Community Development, not just social service 'cause those -- that's like what Jesus say, the poor you'll always have. But for economic development, that's what we got to do. And if you giving 5 or $10, 000 to a small business, trust me -- the director has stated previously, jobs was created. You can't create a job with 10, 000 little measly dollars. Let's get real. And when we're talking about that, we're going to have to deal with that. And since we're talking Community Development Block Grant funds, if Parrot Jungle goes down, Jungle Island goes down, we're talking -- the hurt that these businesses and organizations in this community going to have, we're going to snatch the birds, the Bengal tiger, and that monkey, but found out Parrot Jungle don't own them. Mr. Chairman, I'm in favor, but we've got to ensure these monies are spent correctly. Thank you. Chair Suarez: Thank you, Mr. Muhammad. Yes, Ms. Vazquez, you're recognized. Angela Vazquez: Thank you. Angela Vazquez, assistant director of Southwest Social Services program, 25 Tamiami Boulevard. I feel the need to speak to all of you, but I know that -- actually, I'm -- that many of you were recently recognized by the Alliance for Aging for everything you do. I have several seniors here. I don't know if -- just so you could put a face -- some of you come to the senior centers often, but so you can put a face on how it is. We have been around since 1981. We feed over 1,000 people a day, six days a week, and these are our grandparents, the people who built the community. I thank you for having held us harmless in the past. You will condemn people to four walls and declining health. I also think that what Commissioner Carollo is proposing, sticking it on the flood bill, is great. But I do have two things that I would like to suggest and that worry me a little bit. First of all, we did not know until yesterday that there was some weird formula that we were being cheated on and it was several months ago that we did. We could help. And secondly, though I think the press release was fantastic, we could have delivered four to five hundred faces to Obama with signs saying do not abandon us or sign it or only you can help, and we can do with this flood bill. Do you know what you can -- don't let us be swept away, don't make me drown, whatever it is. It's an election year. It is an election year. And though the children and the dis -- you know, disabled need to be taken care of they all vote and they know they vote. Andl beg you, when things like that happen, we can work together and we can deliver it, and it would be in the press and it would make anybody uncomfortable. As a matter of fact, I'd say when the Republican candidates come in here, go out there and say it, aging and feeding our people is bipartisan. There are two people who just want to introduce themselves and say a little something that are from -- Chair Suarez: Yes. Ms. Vazquez: -- our program. Commissioner Spence -Jones: Can I -- Mr. Chairman, I just want to -- Chair Suarez: Yes, of course. Commissioner Spence -Jones: What's your name, ma'am? Ms. Vazquez: Angie Vazquez. Angela Vazquez. City of Miami Page 16 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: Okay, so we're going to officially appoint you to help us chair that effort. Chair Suarez: There you go. Commissioner Spence -Jones: Do we have some support on that from the Commission? Chair Suarez: Absolutely. Commissioner Gort: Yes. Ms. Vazquez: I'll be more than happy to do that for you. (Applause) Commissioner Spence -Jones: Andl would like for -- I'm going to bring it up a little earlier 'cause I know -- a little later, but I know I asked Curley's (UNINTELLIGIBLE) outside to also work along pulling all of the seniors -- Ms. Vazquez: Yeah. Commissioner Spence -Jones: -- together to at least have a united voice so that when the President does come or anybody comes in town, we at least can call you guys at a drop of a dime and be ready to go. But thank you for delivering the message very clearly. Ms. Vazquez: Thank you, Commissioner. Chair Suarez: Thank you, Ms. Vazquez. Ms. Vazquez: Now who is it I'm working with or who do I call? You say that call, but -- Commissioner Gort: We'll call you. Chair Suarez: We'll call you. Ms. Vazquez: Call Commissioner -- Okay. Chair Suarez: The Administration will call you. Commissioner Gort: We'll call you. Chair Suarez: Thank you. Ms. Vazquez: Absolutely, not a problem. Thank you so much. Commissioner Carollo: Thank you. And -- Chair Suarez: Yes, Commissioner. Commissioner Carollo: -- just for the record, I learned of the press conference by the newspaper. Chair Suarez: Okay. You're recognized, ma'am. City of Miami Page 17 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Ileana Arriola: Ileana Arriola, 800 Northwest 13th Avenue, Apartment 1014. I go to the Orlando Urra Community Center very proudly and highly. I used to say that it was a (Comments made in Spanish not translated), but once I got there, I don't call it that anymore. It's a -- I call it a community center of the experienced and knowledgeable people. We there not just get hot meals. Most of us get that one hot meal a day there, but we do a lot of things. This is made from a balloon (UNINTELLIGIBLE) the community center. From this plastic canvass, okay, we get there to know how to do frames. From here, okay, this little thing, we can make a napkin holder. From ceramics donated the products from them, I was able to do my grand daughter's -- Chair Suarez: Cute. Ms. Arriola: -- room decoration. So you're not just cutting our meals; you're cutting our services to be able in the elderly ages to be proudly say that I did it. Once more, if our psychological mental get away from private homes. Fight for us. If you need us -- Commissioner Gort, you know me very well. I'm Arriola. I will fight. IfI fought the government in INS (Immigration and Naturalization Services), I would be willing to help out with you guys with HUD (Department of Housing and Urban Development) and President Obama or whichever president's coming along. Count me in. Commissioner Spence -Jones, you can count me in too. Thank you. Have a nice day. Chair Suarez: Thank you so much. Commissioner Gort: Thank you. (Applause) Chair Suarez: Thank you. I would just like to say, before recognizing the next person, in Spanish and then I'll say it very briefly in English. Comments in Spanish. Thank you so much for coming here and for supporting this very, very worthy and noble cause. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, (UNINTELLIGIBLE) chairman ofABDA (Allapattah Business Development Authority), 2634 Northwest 21 Terrace I'm speaking. Today I'm going to talk about social services. I'm going to talk about the word Community Development Block Grant. Remember, it's community development. It doesn't say community (UNINTELLIGIBLE) everything. It will say -- 'cause before let's go back on time, 40 years ago, the great society, the war on poverty, the whole thing. We used to have revenue sharing. With revenue sharing there was no problem for the social work -- social services. They were taking there -- there was (UNINTELLIGIBLE), but then they eliminate revenue sharing. And Community Development, they got the -- all those guidelines in Community Development. And when Community Development start, we, the community -- there were boards in the target area. The board decided what was a priority in the neighborhood, not the Administration, not the 444 Southwest 2ndAvenue, the MRC (Miami Riverside Center) there. The people there, they decide what is good for us. No. The community, the target -- now you were a part of those board, Willy. Remember, the community decided priorities of the community and then the Commission approve it. There was the Citywide Advisory Board compound with different target areas. Now they got -- and remember, Community Development is the war on poverty. Economic development -- when the businesses in Allapattah are suffering, people are going bankrupt, people closing business because the TARP (Troubled Asset Relief Program) money don't get there. Now the banks don't finance -- Access Towing got to close his tow truck there because he couldn't sell his truck. The Ford Motor Company don't finance, the banks don't finance. The bank Troubled Asset Relief Program, they get billions of dollars, billions; they don't give any money for financing. And those are people who have to lay off people. Jobs, I'm not talking about -- Chair Suarez: Thank you, Mr. Cruz. City of Miami Page 18 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mr. Cruz: Okay. No, no. Oh, I am a lobbyist now. Chair Suarez: Oh, that's right, you get the five minutes 'cause you're -- that's right. Mr. Cruz: Oh, oh, oh, oh, oh. Chair Suarez: That's right. Mr. Cruz: I am a lobbyist. I got the -- Chair Suarez: Yeah. Give him the three extra minutes, please, 'cause he is a -- Sorry. I apologize. Mr. Cruz: When you limit a lawyer here, I will say yes, but the lawyers are not -- and you know that. It should not be called a public hearing. Remember that when I wrote that? Vice Chair Sarnoff I thought you had your law degree. Mr. Cruz: Well, no, you're not the chairperson anymore, but remember that. Now they cutting the money of economic development. What we do now right there in 7th Street (UNINTELLIGIBLE) Transmission going bankrupt. You know why? The Code Enforcement there, the DERM (Department of Environmental Resources Management), they were on top of him, so I told (UNINTELLIGIBLE) go bankrupt. That's it. Go Chapter 13, Chapter 7, eliminate everything and open in other place. And you know, that was a business in the City ofMiami, 3411, 35 Northwest 7th Street, in District 1. It's not there anymore, okay. The people don't spend money around there anymore. The workers, remember, and that's what's going on in the City. Remember that. It's not just social services. It's economic development 'cause that's the basic of community development. It doesn't say community -- no. The word (UNINTELLIGIBLE) okay, it's all right because there is no money or there is no other thing to (UNINTELLIGIBLE) -- for the social services, but economic development is the main thing. Jobs, people job -- if people get jobs, they don't get to ask for welfare or for -- Chair Suarez: Thank you. Mr. Cruz: -- unemployment or anything. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: Thank you. (Applause) CaridadPernas (as translated by Clara -Sylvia Orozco, official Spanish interpreter): Hello. My name is CaridadPernas. I live on 610 Southwest and 62nd Court. I am a member of the Social Services. It's best known by Badia's Center. I am not going to talk in depth of what other people have mentioned before, but I want you to know that our participation, people of third age is very important. It's not just a center where we go to have lunch; we're receiving lessons, painting classes, sketching, English classes, table games, but most important of all, it's the interaction amongst the people of -- the senior people that if they stayed back home, they're on their own because either the family is working or they don't have family, and this is very important because they can come out of that environment that can be damaging for them. I've had the opportunity to talk to several people at the center and we count the days from the weekend to the days that we can come back to the center. Therefore, this is very important for the psychological and social development -- City ofMiami Page 19 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Gracias, senora. Ms. Pernas (as translated by Clara -Sylvia Orozco, official Spanish interpreter): -- of the people, of the -- Chair Suarez: Okay. Ms. Pernas (as translated by Clara -Sylvia Orozco, official Spanish interpreter): -- senior people. Chair Suarez: Gracias. Thank you. Mr. Pernas: Thank you. (Applause) Chair Suarez: I just want to say, you know, very clearly (Comments in Spanish). Our ordinances require that the speakers speak for two minutes. (Comments in Spanish). We have a counter to measure. Gracias. Thankyou. Jose Garro (as translated by Clara -Sylvia Orozco, official Spanish interpreter): Good morning. Jose Antonio Garro is my name, 2784 Northwest 24th Terrace. I belong to Southwest Social Services. I'm a member as well of that dining room. I call it dining room. It would be very sad that this issue be made to take some of the funds away from them. As days go by, I've seen that there are more people that have retired and have no work. It would be very hard. I also want to say that we keep busy and we entertain ourselves there. A lot of people that don't have family don't have anyone. I tried to make them happy and play with them. It would be very sad that people are taken out of there. That's the only thing want to say, to please help us and keep the place the way it is or improve it if it's possible. And to remember that the youth of today will be the seniors of tomorrow. Chair Suarez: Very important. Mr. Garro (as translated by Clara -Sylvia Orozco, official Spanish interpreter): Okay. (Applause) Chair Suarez: (Comments in Spanish). Thank you for respecting the time limit. Coming back, any -- yes. I'm sorry. Yes, of course, you're recognized. Helena Del Monte: Helena Del Monte, Association for the Development of the Exceptional. I just want to say thank you to our Mayor, to each and every one of you on this dais for having our backs. Andl want to thank the Department andl want to thank the City ofMiami lobbyists that have been arduously working for the past three months to stop this debacle. Thankyou. Chair Suarez: Thank you, Ileana [sic]. (Applause) Chair Suarez: Coming back to this Commission, is there a motion? I'm sorry; let me close the public record -- close the public hearing. Any other -- Commissioner Gort: Yes. City ofMiami Page 20 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Oh, one more? Okay, one more. Laverne Holliday: My name's Laverne Holliday, assistant director with Curley's House. I wanted to say thank you to you guys for having our back, as the same as the other. I want to say thank you to George Mensah for the meeting yesterday to explain to us exactly what was going on. Prior to that, we had no clue; now it is clear, andl would like to be able so that we can be more proactive and start these things much earlier. Thank you, Mr. Mensah. Thank you, everybody. Chair Suarez: Thank you so much, ma'am. The public hearing is now closed. If there's no other person that wants to opine here on PH.1, coming back to this Commission for a motion. Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Carollo. Commissioner Carollo: Discussion. Chair Suarez: Any further discussion. Commissioner Carollo: Yes, Mr. Chairman. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. I just want to point out -- and I've done it in the past -- mention that the program administration is up to 20 percent, okay. We don't have to automatically give 20 percent to the administration. Now can this money be used for public services? No, it cannot. However, it could go to economic development for parks, fixing side roads -- sidewalks, fixing roads and many, many other things. Am I correct, Mr. Mensah? Mr. Mensah: Yes, Commissioner, you are correct. Commissioner Carollo: So I just want to bring this out again because, automatically, you know, this Commission gives the maximum, but I think it has been well established that everywhere in the City we've been seen where we could cut and our intent is always to provide more services so, you know, I need to bring this up to my colleagues again. And at the same time, if you don't think it's a lot of money, let me tell you the numbers. In administration 20 percent is $993, 000 approximately. Public Services, what we've been fighting about, it's only 744, 000. So realistically, we are spending a lot more in administrative than we are in public services, so I want to bring that up to my colleagues. Andl think, Commissioner Sarnoff, you -- Vice Chair Sarnofff. I want to understand what you're saying. Commissioner Carollo: Okay. Vice Chair Sarnofff. Is it all right, Mr. Chair? Chair Suarez: Yes, please, please. Vice Chair Sarnofff. So this is how I take it. As a result of unfortunately, Community Development having less to do because they have less money to work with, likewise their City of Miami Page 21 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 administrative fees should go down because there's less for them to do, and what you're saying is those monies could be used for parks, those monies could be used for fixing of sidewalks and streets I think in disadvantaged neighborhoods 'cause I know I've used in my -- Am I right on that? Mr. Mensah: You are right, butt think need to explain something. Vice Chair Sarnoff. Go ahead. Mr. Mensah: Managing Community Development funds, as you know, this 20 percent is from Congress. It's not anything that the City ofMiami does. It says up to 20 percent. In my years of doing Community Development, I have not seen any city that decides not to use 20 percent. Some cities use their 20 percent and add and support their community development with additional funds from city general revenue. In the City ofMiami, we don't use general revenue for community development. The reason why they do that is that the administration of these programs is labor intensive. The amount of work involved in administering $1, 000 to an agency is the same amount as administering $100, 000. And you give me a good opportunity to ask Commissioners that if you want Community Development to do less, then I wouldn't treat you to make a minimum amount of $25, 000 in term of your allocation. If you make a minimum amount of $25, 000, then we would not have 30, 40 agencies to monitor. We will have fewer agencies to monitor. I know that's a difficult decision. When I came to this job, that's one of the thingl saw, because administering the programs, administering an agency that you give 2,000, $3, 000 to is the same amount of work as administering (UNINTELLIGIBLE). So I wanted to be able to have a minimum amount. I know it's difficult because the need is there and an agency can deal with 4 or $5, 000 and so we do that. Right now, Commissioner, as you talk about, like when started the conversation, I started to say that yesterday was a very sad day because I have to let people go. So basically, what we are saying is that ifI have to let -- let's say -- andl take an example, 25 percent of my staff to go now. IfI reduce it now, I will let 30 percent of my staff to go. So that is what -- Chair Suarez: I just want to say -- Mr. Mensah: -- I just want to put on record Chair Suarez: Yeah. I just want to explain a little bit mathematically. If you have -- I mean -- and we can debate about whether they should spend 20 percent or not. But if you have 20 percent, which is a fixed percentage, and your number -- your aggregate number goes down, you have 20 -- you know, you have that aggregate number, that difference, less the 20 percent, so you have less resources to manage less money. Mr. Mensah: As a matter of fact we have $900, 000 less -- Chair Suarez: Right. Mr. Mensah: -- this year to use to manage the Department. Chair Suarez: So -- and again, I think it's -- you know, Commissioner's been consistent from day one about, you know, whether or not you need the 20 percent. I don't have the answer as to whether or not you need the 20 percent. I mean, you're saying you do -- Mr. Mensah: I definitely do. Chair Suarez: -- you know, andl don't know how we can reconcile that, but -- Vice Chair Sarnoff. Mr. Chair. City ofMiami Page 22 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Yes, please. Vice Chair Sarnoft I like the fact that you sort of put it back on us. Because the way government's going to learn, as a private sector, that obviously we can make these easy statements 'You're going to have to do more with less, " so what does that mean. It means you're going to have to consolidate services, get rid of the middlemen, get rid of the managers, get rid of five directors when one director could do it. I like the fact that you just threw that back on me. What I'd like you to do for all of my allocations is to show me who I'm not funding at the $35, 000 level, but I need to know who can take that job over so that -- you know, it -- let's look at this like a factory -- so that some other factory is going to put out the same output so that those same functions will occur, but all right, the person that you say has political patronage to me will no longer get that money. That's fine. I -- you know what, I acknowledge -- I readily accept what you're saying. Show me -- I don't know if any other Commissioner cares -- a consolidation plan so that the elderly still get fed; show me a consolidation plan so that the developmentally disabled still get their services; and show me a plan that shows that, one of my favorites, Coconut Grove Cares continues to operate, you know, for the children, andl will be more than -- I'll be more than receptive to that. And then I think what I'm hearing is if we as a Commission accept that plan -- and we may not, but you know what, that's a political statement and we'll be judged in our politics -- then you're saying is you would need fewer people to administrate it if Commissioners put at the 35,000 level -- andl don't know where you come up with the 35,000, but that's fine. You give me a threshold that you're going to come back to me with Mr. Mensah: I used 25. But I have to say that right now, as it stands, April 1, I have to do more with less, irrespective. Even though the amount of money is smaller, the number of agencies that I'm managing hasn't gone down so most (UNINTELLIGIBLE) -- and that's the meeting I had with my staff. The same agencies has to be monitored. The same amount of reimbursements will happen. It's just that there will not be 10,000 reimbursement; there'll be 5,000 reimbursements, so their work -- volume of the work remain the same butl will have fewer people, so the same people will now have to do more. Now what I said was that if -- let's say instead of having 40 agencies with 40 reimbursements packages a month, ifI have 20 agencies, I only have 20 reimbursement packages and, therefore, I will have fewer people to be able to manage it, and that is the premise by which I made that statement. Vice Chair Sarnoff And all I'm saying is for me -- and I'm not speaking for any other Commissioner -- come back with a plan for me that demonstrates a more efficient use of the money. Mr. Mensah: No problem. Chair Suarez: Commissioner Gort. Commissioner Gort: You mentioned something about political -- what was the word? Vice Chair Sarnoff Political patronage. I mean, that's essentially what he's saying. Mr. Mensah: No, no. Commissioner Gort: Okay. I took it a different way. I think it should based on performance, andl think the directors got to make the decision based on performance 'cause there's nothing worse to have someone working real hard and next door have -- andl use the word political or -- someone not performing at the same level and getting paid the same thing. I think this is something I've been telling the Administration for a while now. You directors -- department directors got to sit down and look who's performing and who's not performing, and the person that's not performing, that should be the first one to go out. Now what we need to do, because City of Miami Page 23 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 I've been watching a lot of the meetings to take place here -- people get fired but they get reinstated again because the documentation is not there, so we need our directors to really look at the -- with all these things happening, they got to look at their departments and look who's performing and who's not performing. I think that's very important. Vice Chair Sarnoff. Well, what you're bringing up is, I think, a civil service type argument or a civil service issue. I'm -- here's the analogy I draw and people criticize me for it andl apologize. I don't know how to articulate it differently. You know, this country and this government is a lot like the Titanic: It's going to have these huge reductions. You know, unless Barack gets a pen out today and does something, all the chatter, all the talk, all the things that we say will be tomorrow's news. So there's huge reductions are going to occur. We have to deal with the wrecking ball, if you will, and we have to decide what can be salvaged of the really needed agencies. And what think I'm hearing our director saying is you're going to need fewer agencies performing the functions that the many agencies were performing. Mr. Mensah: Yeah. Vice Chair Sarnoff. It's not hard to figure out what he's saying. He says if there are 40 agencies out there, there are 40 executive directors. The 40 executive directors' average pay is 65, $70, 000, and forgive me ifI got that wrong. I'm just using a number. When you only have 20 agencies, you have less administrative expense performing the same functions. Am I getting this right? Commissioner Gort: Yeah. Mr. Mensah: Yes. In terms of -- I'm talking in terms of the normal work that we do in the Department, yes. Vice Chair Sarnoff. And all I'm hearing Commissioner Gort say is you have to let go of the people that are not performing. In a perfect world, he'd be absolutely right. However, this is the City ofMiami; we are an imperfect world and we have civil service, which means a person you may want to let go, you may not be able to let go. You may be able to move them to a different department, but they will go to their lowest civil service rank and, thus, they'd maintain their job. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. I want to state that I wasn't going to originally bring this up, andl think my colleagues could attest to the fact that ifI originally would have brought this up, I would have had his budget in front of me and I would have gone down all the numbers because this isn't just about jobs. There's got to be other expenses there. You understand what I'm saying? So I don't know if there, we can cut or not. Again, I -- what moved me is seeing all these people in front of us, seeing all those faces, you know, and then knowing the struggle that they may go through and, at the same time, just looking down at what we're going to approve and we're going to approve approximately $250, 000 more just for administrative services than for public services. So -- and again, Mr. Mensah, the first thingl said is I understand that money cannot be used for public services. Mr. Mensah: Yes. Commissioner Carollo: However, if that cap is raised, we're going to have to take from Economic Development to public services, and then somehow we need to make sure that, you know, we have sufficient money for parks, for different road repairs, and there's a long list of what we could use that money for so that's what I'm saying. I need to bring it up 'cause I do City ofMiami Page 24 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 have a fiduciary duty to this City and to the residents, andl see a lot of needy residents that are going to struggle or it's a good possibility that they could struggle. And let me tell you something, in all fairness, there's a lot of very good non -for -profit organizations that provide services, and guess what, their administrative costs is less than 20 percent. So all I'm saying is that the federal government, yes, allows up to 20 percent. We're automatically giving the 20 percent and maybe this is something that we need to look at. Chair Suarez: Commissioner Spence -Jones to wrap it up. Commissioner Spence -Jones: I just wanted to make sure that we have clarity from George. Mr. Mensah: Yes. Commissioner Spence -Jones: Mr. Mensah. So based upon what you're saying already, you've already reduced already, correct? Mr. Mensah: I haven't. We're in the process of working through that, yes. Commissioner Spence -Jones: Okay. Is it -- are you accounting for that reduction in your numbers now? Mr. Mensah: I'm accounting the fact that we have been reduced by $900, 000 in my numbers. Now, if this is reduced for any other reason, then yes, I have to add that to my numbers, but currently I'm assuming that this is a number that I have and that's what I was going to use. Commissioner Spence -Jones: Right. So I'm -- what I'm just kind of just making sure that I'm clear on, the number that you put down that we have in our documents, that is your new reduced amount, correct? Mr. Mensah: That's the reduced amount, yes. Commissioner Spence -Jones: Okay. So already that number was already reduced? Mr. Mensah: Yeah, it's been reduced. Commissioner Spence -Jones: Which means you already took in account you losing -- I'm assuming, cutting expenses in your -- Mr. Mensah: Department, yes. Commissioner Spence -Jones: -- budget already, correct? Mr. Mensah: That's correct. Commissioner Spence -Jones: Okay. I understand Commissioner Carollo's issue and concern andl think we all have the same thing. You know, when we look at our public service agencies and organizations that are hurting, we want to make sure that there's some sort of balance in all that we do. I think that we're also sensitive to the fact that we do have City employees here as well that we have to have that same kind of sensitivity to as well 'cause they have families and they have things that they have to take care of. Andl do understand in the midst of all of this -- (Applause) Commissioner Spence -Jones: -- that we have to find balance in between the both. So I would just -- you know, I'm always going to, you know -- I push very hard for the community, so that's City of Miami Page 25 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 not even an issue. I, however, don't want us to ever find ourself in a situation with HUD again like we have been in the past, not under your Administration, not having people adequate enough to do the job because, quite frankly, then we find ourself in a worst position because we don't have people to actually handle and make sure whatever the, you know, requirements for HUD are being addressed. Mr. Mensah: Yes. Commissioner Spence -Jones: So I think that the reduction that you already have in place shows that you're sensitive to the overall issue that needs to take place -- Mr. Mensah: Yes. Commissioner Spence -Jones: -- you know, for -- regarding the overall agencies, but I think at the time, you're also showing sensitivity to City employees -- Mr. Mensah: Yes. Commissioner Spence -Jones: -- which I think is also important to all of us. So from my perspective, I'm going to trust the professional that we hired to do the job, and if Mr. Mensah is saying to us, you know, I've already reduced. In order for me to complete my job and my assignment or to run my department, I need to at least have this amount of money, which, by the way, compared to other cities, not only are they getting 20 percent plus the additional amount of monies from the -- their administration, you've already cut it down to bare bones. And then that's just really my point in all of it. I think that we, as Commissioners, that sit up here, we have to be able to look at both sides of the coin. So I don't have a issue with what you're telling me you need that's necessary, andl support that 100 percent. Mr. Mensah: Commissioner, if you allow me. I want to put on the record, when I became the director, the Department in 2006 had 56 employees. Currently we are 43. Commissioner Spence -Jones: How many? Mr. Mensah: Forty-three employees. We've eliminated middle management. There are a lot of vacancies that was not filled because we thought that we need to -- andl use -- I tell my staff we need to be lean and mean. We need to be able to -- it doesn't matter how many people. If they're not doing their job, it doesn't matter. Commissioner Spence -Jones: Yeah. Mr. Mensah: So you need then just the right amount of people to really do the job. This is the first time in my professional career that I have found that I might end up not having enough people to do the job and it saddens me. It saddens me because of the fact that come April 1, the Department will change, and if it changes, my job is to make sure that, like you said, we don't -- I don't come here three, four, five months amount of time and said, you know, guess what, I didn't have enough (UNINTELLIGIBLE) inside these agency. I didn't have enough people to be able to review all the financial statements and to ensure that this thing was done correctly. And therefore, you know, HUD came -- where there was an audit and this is what the result is, and this is how I find myself. And so, you know, I -- sincerely, I understand what the Commissioner is saying because you look at the public service agencies, 15 percent; administration, 20 percent. The program was established that way. This year there was an effort to reduce it to 10 percent and all the mayors in the mayors' league went to Congress and told them, look, if you do 10 percent, you really, really closing these program down. And Congress came back and say okay, we understand that 10 percent will not do the job so we left it at 20 percent. So if the City eventually decide to, okay, we think that 15 percent is good enough, then basically what we're City of Miami Page 26 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 telling Congress is that you know what, we did a good job. We think that maybe 10 percent was better. And then -- but you know, when you get a finding, you're unable to monitor the program very well, HUD doesn't care the fact that you voluntarily decide to reduce the administration amount; you'll still be judged the same way as the other agency or other department that use the full 20 percent. So I think that the argument is sound and everything, but I think that we also have to look at the fact that we need to give the tools to the Department to be able to monitor these programs very well. Chair Suarez: Thank you, Mr. Mensah. Mr. Mensah: That's what I would say. Chair Suarez: It's been moved -- Commissioner Gort: Thank you. Chair Suarez: -- seconded and discussed. All in favor, signifi, by saying "aye.' The Commission (Collectively): Aye. Chair Suarez: Any in opposition? None. It passes. PH.1 passes unanimously. We're going to break until 2 p.m. sharp. PH.2 RESOLUTION 12-00079 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR 2012-2013, IN THE AMOUNT OF $847,000, IN THE ECONOMIC DEVELOPMENT CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AND THE AMOUNT OF $1,160,716 TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT RESERVE ACCOUNT, FOR A TOTAL AMOUNT OF $2,007,716, FOR ECONOMIC DEVELOPMENT ACTIVITIES FOR PROGRAM YEAR 2012-2013; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 12-00079 Summary Form.pdf 12-00079 Notice to the Public.pdf 12-00079 Legislation.pdf 12-00079 Exhibit SUB.pdf OBSOLETE Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0060 Chair Suarez: Thank you, Commissioner. George Mensah: Good afternoon, Commissioners. George Mensah, director of Community Development. PH.2 is a resolution authorizing the allocation of program year 2012/2013 City of Miami Page 27 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Community Development Block Grant funds in the amount of $2 million in the economic development category to the agencies that is specified in the attachment and these agencies are Allapattah Business Development Authority, $70, 000, Contractors Resources Center, $44, 000, FANM (Fanm Ayisyen Nan Miyami, Inc.), 25 -- 27,500, Neighbors and Neighbors Association, 82,500, Rafael Hernandez Housing Economic Development Corporation, 27,500, and then the remainder --Department of Community Development, Commercial Facade Hard Costs, 487, 500, and the remainder which will be the reserve amount of $1.2 million. Chair Suarez: Thank you, Mr. Mensah. This is a public hearing. Anyone from the public wishing to speak on PH.2? Mr. Jones, you're recognized. Leroy Jones: Good afternoon, Mr. Chair, Commissioners. Leroy Jones, Neighbors and Neighbors Association, 180 Northwest 62nd Street. First, I want to thank the City Commission, as well as Community Development. Last year we started on cutting back because we knew that based on what was happening, that we was going to have to make some changes. Last year was very good for us. For example, we have five locations last year. We opened up two new locations. Luckily, two of them that was given to us, we don't have no cost as far as a lease agreement or don't have to pay no lease or Internet, anything. That was great. But now since the budget cuts this year -- and we taking -- this year in CD (Community Development), we taking -- I think we taking a 47 percent decrease in funding so almost half and as well as half of our funding from the County. So I think out of all the agencies, we -- NANA (Neighbors and Neighbors Association) is losing the most, but it's to be expected. We did pretty good a few -- last few years. But I wanted to let this body know that we are making changes. We had some layoffs at the beginning of January. We had to lay off four people. We looking at some other trims we have to do. Hate to do it. Nobody [sic] hates to lay off people. But you know, we hired four people last year; we had to lay off four people this year so -- But I just want to say that Mr. Cruz made a good point in that -- I know we focus on seniors and we focus on kids, but let me tell you something. The small businesses is the driving force of this economy and small businesses is the one that creates jobs in this economy. And if we don't help the small businesses, especially now -- they getting hit because of people losing houses, people losing they jobs. It's affecting small businesses. When you don't have no money, you don't have no money to spend with a small business. So it's affecting small businesses. So the financial assistance we get from the City, help us bridge some of that gap with the small businesses. So I just wanted to thank this board for all their support. I specially want to thank the community because when I first started, when I first started NANA, it was -- when I created NANA, I created NANA, all honesty, to help small black businesses because that's all knew. I didn't know anything about Hispanic businesses. I didn't know anything about white businesses. But the next year, all ethnic groups. I mean, every denomination has been coming to my office. And we service over 3,000 businesses a year. We give out between six and six hundred grants or loans every year from our office throughout the whole County, so we service a lot of businesses. And you know, the cut we going to take -- half of the cut we're getting this year is going to affect us. It's going to affect us big time. And it affect us, it affect the peoples who we provide a service to. So I just wanted to thank you all for your support and let you know that NANA is still here. We working hard, you know, trying to help the small business. And please don't forget, you know, anything we can do for any businesses in the County or the City, we available. Chair Suarez: Thank you, Mr. Jones. Mr. Jones: Thank you. Chair Suarez: You're doing great work -- Mr. Jones: Thank you. Chair Suarez: -- both at the City and the County. Any other person wishing to speak on PH 2, City of Miami Page 28 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 any other member of the public? Seeing none and hearing none, the public hearing is closed, coming back to this Commission. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Discussion. Chair Suarez: Moved -- Commissioner Spence -Jones: Discussion. Chair Suarez: -- by Commissioner Spence -Jones, second by Commissioner Carollo. I'm going to recognize Commissioner Carollo first and then Commissioner Spence -Jones. Commissioner Spence -Jones: That's fine. Commissioner Carollo: Thank you, Mr. Chairman. You know, what Mr. Jones said, you're absolutely correct, and that's why I brought the discussion prior to lunch with regards to the resources. Unfortunately, we have a finite amount of dollars, you know. Believe me, I wouldn't like to see cuts anywhere; however, we have a finite amount of dollars, and that's why I'm just asking everyone -- and you saw that I didn't move one way or the other. I just said we need to discuss this. This needs to be up to discussion with regards to administration amounts that we are paying because some of that funding can go to the small businesses, andl think it's extremely important that everyone looks at where there possibly could be cuts, and I'm not just saying salaries or employees. I'm saying other areas. Again, I could be a lot more specific, but I wasn't planning on going in this direction and, therefore, I don't have the budget in front of me. If not, you know I would have the budget in front of me. I'd go line item by line item and say, hey, this is what you're paying, this is your cost. Can you do better or not? Why? And would question it. So to conclude -- and I'll be ready to vote -- the reason why -- yes, I want to look at everything, even if there's a maximum of 20 percent administrative costs, can we reduce that? I mean, legislatively, we actually can 'cause it's a maximum of 20 percent, and what I'm trying to do is provide more services 'cause then that money could go to the small businesses. Thank you. Chair Suarez: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Thank you, Mr. Chairman. Again, I want to applaud Leroy for his continued efforts to fight on the front lines for these small businesses and, of course, you know there's other groups that work very hard in my district; Rafael Hernandez, their organization, FANM, Contractors Resource Center, all that benefit from the services that we provide so I want to at least acknowledge them for their work. I want to thank also Commissioner Gort for his support last week in the heart of Little Haiti, and he got a chance to come out and be a part of what we are doing as a part of our efforts with these kind of dollars and his support and direction as to how and what he's done in Little Havana many, many years ago and we see that happening in Little Haiti. The bottom line is we have to continue to support programs like this in my district especially. I can't speak for any others. The small businesses, they are the heartbeat of my district. Unfortunately, I don't have, you know, major companies or corporations that's willing to come in and move in the community and provide, you know, a certain amount of jobs so I have to support and continue to support the little man or the little businesses in our -- in my district. I'm making adjustments, I know, on my items. These are dollars that are allocated for District 5. I know that we did have a cut, but I also had some additional monies that's left over. Mr. Mensah: Yes. Commissioner Spence -Jones: So I don't know if you want me to make the changes on it or you're City of Miami Page 29 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 going to actually officially put it all on the record once -- Mr. Mensah: No. You have to put it on the record. Commissioner Spence -Jones: Okay. Mr. Mensah: And then -- Commissioner Spence -Jones: So do I do that right now, George? Mr. Mensah: Yes, please. Commissioner Spence -Jones: Okay. So -- and this is my leftover, my carryover balance, right? Mr. Mensah: Yes. Commissioner Spence -Jones: So Little Haiti Housing, just want to make sure, you know, out of my leftover balance, 35,000; Rafael Fernandez -- Hernandez Housing and Economic Development, they were slashed a lot, correct? Mr. Mensah: Yes. Commissioner Spence -Jones: I'm adding an additional 13,000 to them. NANA's been cut as well so I'm adding an additional 20,000 to them. And FANM, which is Marlein Bastien's organization, it helps a lot of Haitian businesses in the area, I'm adding an additional 20,000 to them. And Contractors Resource Center, which helps all my small contractors, I'm adding an additional 20,000 to them. Correct? Mr. Mensah: That's correct. Commissioner Spence -Jones: Okay. Earlier I did not go over the public services that happened Mr. Mensah: Right, you haven't done it yet. Commissioner Spence -Jones: Okay, so I just want to make sure. So I want to make sure I didn't miss anything on those -- these are the support organizations that provide support in those areas. Mr. Mensah: Okay. Commissioner Spence -Jones: Is everything okay? Chair Suarez: No, no. I'm sorry. Commissioner Spence -Jones: Okay. Chair Suarez: Yes, we're good. Thank you. Commissioner Spence -Jones: These are my dollars that I had left over. Mr. Mensah: Yes. Commissioner Spence -Jones: Okay. Chair Suarez: So -- City of Miami Page 30 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 PH.3 12-00080 Department of Community Development Commissioner Spence -Jones: Thank you. Chair Suarez: -- it's -- that's an amendment to the motion, correct, Madam Clerk? Mr. Mensah: Yes. Chair Suarez: So I think the mover was on that one Commissioner Spence -Jones. That's her amendment. The seconder was Commissioner Carollo. He accepts that amendment. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: PH.2 passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR 2012-2013, IN THE AMOUNT OF $651,296 TO THE ACTIVITIES SPECIFIED IN ATTACHMENT A", ATTACHED AND INCORPORATED, AND THE AMOUNT OF $93,562 TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT PUBLIC SERVICE RESERVE ACCOUNT, FOR A TOTAL AMOUNT OF $744,858, COMMENCING APRIL 1, 2012; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSES. 12-00080 Summary Form.pdf 12-00080 Notice to the Public.pdf 12-00080 Legislation.pdf 12-00080 Exhibit 1 SUB.pdf 12-00080 OBSOLETE Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0061 Chair Suarez: PH.3. George Mensah (Director, Community Development): Commissioner, PH.3 is the resolution authorizing the allocation of program year funds in 2012/2013 in the amount of 616, 296 to the agencies that are attached andl will go over the agencies. Allapattah Community Action, 152, 216, Catholic Charities Centro Hispano, 3,650, Catholic Charities Services for the Elderly, 8,043, Catholic Charities Notre Dame, 4,635, Catholic Charities Sagrada Familia, 12,444, Centro Mater, 12,090, Coconut Grove Cares, 6, 700, Curley's House of Style, 23,180, De Hostos Senior Center, 57,261, FANM (Fanm Ayisyen Nan Miyami, Inc.), 6,621, Fifty [sic] Years & Up, 5,396, Josefa Perez de Castano, 5,810, KIDCO Child Care, 12,567, Little Havana Activities & Nutrition Center, 109, 850, St. Alban's Day Nursery, 6,700, Southwest Social Services Programs, 57,100, Sunshine For All, 50,000, the Association for the Development of the Exceptional, 24,245, the Sundari Foundation, 33,105, Theodore Roosevelt Gibson Memorial Fund, 7,800, Urgent, Inc., 8,276, World Literacy Crusade of Florida, 8,607, and then there's also a Public City of Miami Page 31 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Service Reserve Account which has not unallocated funds of $128, 562. Chair Suarez: Thank you, Mr. Mensah. This is a public hearing. I'm opening up the public hearing on PH.3. Anyone from the public wanting to speak on PH.3? Seeing none, hearing none, the public hearing is closed, coming back to this Commission for a motion. Commissioner Gort: Move it. Commissioner Carollo: So moved. Chair Suarez: Moved by -- Commissioner Spence -Jones: So moved. Second. Chair Suarez: -- Commissioner Gort, second by Commissioner Carollo. Commissioner Spence -Jones: Discussion. Chair Suarez: Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: I just wanted to ask quickly -- I know that we're moving it based upon what it is now, and are we going to then address the additional monies coming from the Mayor's Poverty Initiative to bring everything whole? Mr. Mensah: That is, I believe -- Commissioner Spence -Jones: That's PH.5. Mr. Mensah: -- PH.5, yes. Commissioner Carollo: PH.5. Commissioner Spence -Jones: So that's how we'll address that. Mr. Mensah: Yes. Commissioner Spence -Jones: So the additional dollars that I have left over in my public service, do I do that then or do it now? Mr. Mensah: Yes. Do that now -- Commissioner Carollo: Do that now. Mr. Mensah: -- because that is a CDBG (Community Development Block Grant) one. Commissioner Spence -Jones: Okay. I just wanted to -- for Mega Youth Girls for Liberty Square Housing Facilities, I just want to make sure thatl identf 25, 000 for that. Andl know Curley's also got a cut, but they need the additional support; I had a little money left over so I want to put 10,000 aside for them as well. Mr. Mensah: Okay. Chair Suarez: The motion has been amended. Does the mover and the seconder agree? Commissioner Carollo: Accept. City of Miami Page 32 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 PH.4 12-00081 Department of Community Development Commissioner Gort: Yes. Chair Suarez: All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: PH (Public Hearing) -- Commissioner Carollo: And Mr. Chairman, I'm sorry. Chair Suarez: Yes. Commissioner Carollo: I think that -- you know, I just want to put for the record, PH.3, public services, was the item that we spoke so much about. Chair Suarez: Right. Mr. Mensah: Yes. Commissioner Carollo: So you know, changing the cap from 15 to 25 percent and so forth. Mr. Mensah: Yes. Commissioner Carollo: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE ALLOCATION OF HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS FOR PROGRAM YEAR 2012-2013, IN THE AMOUNT OF $2,948,939, FOR HOUSING PROGRAMS IN THE CATEGORIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSES. 12-00081 Summary Form.pdf 12-00081 Notice to the Public.pdf 12-00081 Legislation.pdf 12-00081 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0062 Chair Suarez: PH.4. George Mensah (Director, Community Development): PH (Public Hearing) -- oh. PH.4 is authorizing the allocation of Home Investment Partnership Program funds, in the amount of approximately $2.9 million, for housing programs for program year 2012/2013 and these are in broad categories: Program Administration, 294,894, Housing Programs, $1.5 million, First Time HomebuyerActivities, $1.1 million. And l just wanted to put for the record that we talked City of Miami Page 33 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 about cuts but we never talked about a cut to the HOME (Home Investment Partnership Program) program. The HOME program received a 38 percent cut, but that was by legislative action. The Legislature is cut by 38 percent, so that was not a new formula result. Chair Suarez: Thank you, Mr. Mensah. This is a public hearing, PH.4. Anyone from the public wishing to speak on PH.4? Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Commissioner Carollo: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Carollo -- Commissioner Carollo: Discussion. Chair Suarez: -- second by Commissioner Spence -Jones. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I just want to put for the record, Community Development administered these funds, correct? Mr. Mensah: Yes, that's correct. Commissioner Carollo: And to administer these funds, you only are allowed 10 percent administrative --? Mr. Mensah: That's correct. Commissioner Carollo: Okay. So where the other one was 20 percent, this is only 10 percent? Mr. Mensah: Yes, andl can explain to you the reason why. CDBG (Community Development Block Grant) funds initially when it was set up first before the HOME funds, so CDBG funds is actually the catch-all funds that is basically used to administer the entire programs. And so even though the HOME fund was really 10 percent -- and the reason they did 10 percent because they said, oh, you already have 20 percent on the CDBG side, so that is the reason why they do that. Commissioner Carollo: So let me see ifI understand this correctly. So in a way, the CDBG administrative 20 percent will be subsidizing the work that you do for maybe HOME since you only get 10 percent there is what you're saying? Mr. Mensah: Can be used, yes. Commissioner Carollo: Let me ask you something, something that I brought up I guess a couple years ago. What about the HOPWA (Housing Opportunities for Persons Living with AIDS)? Mr. Mensah: Commissioner, we will talk about the HOPWA probably next session. But the HOPWA, we get 3 percent, but we also get 7 percent program delivery funds, which is based on the people that work directly on the program. Commissioner Carollo: Okay, and that's something that we have to look at because it's my understanding that you only get 3 percent for administrative fee; yet, our HOPWA that Community Development is the one who administers is countywide. Mr. Mensah: It's countywide. And, Commissioner, I have requested -- the HOPWA partnership City of Miami Page 34 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 has requested a discussion item, andl was asking the Manager will allow us to put it on March 8, and you will see -- probably see when we discuss it, it talk about the -- when I saw the report, I was really surprised about whatl saw in the report, and it really talks about the reason why probably the City ofMiami is managing these funds. It has information about every district, how many AIDS (Acquired Immunodeficiency Syndrome) cases and all those, andl think it's a surprising thing that I think the Commissioners definitely need to know. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: Can you forward that report to my office? Mr. Mensah: I can forward it to you, yes. It's in the Agenda office. Commissioner Carollo: Thank you. And again, from CDBG fundings [sic], of the 20 percent of administration, that is also subsidizing something like a HOPWA program 'cause it's' only 3 percent? Mr. Mensah: No. In HOPWA -- because HOPWA also have 3 percent administrative, but it also has 7 percent program delivery funds, which is based on the people that directly work on the HOPWA program. Commissioner Carollo: So -- Mr. Mensah: The 3 percent is for those of us who do administrative work and -- Commissioner Carollo: Right, so you have to do a cost allocation. Because I would -- Mr. Mensah: Yes. Commissioner Carollo: -- imagine that the same person -- Mr. Mensah: Exactly. Commissioner Carollo: -- that's CDBG is -- Mr. Mensah: Exactly. Commissioner Carollo: -- also doing HOPWA. Mr. Mensah: Exactly. Commissioner Carollo: So you have to do a cost allocation. So let's say you're saying 7, plus 3, let's say 10 percent. You're still administrating with 10 percent, you know, so I think we need to start looking into that. Mr. Mensah: Commissioner, do you remember when we started to have discussion last year. Commissioner Carollo: Two years ago. Mr. Mensah: Two years. We showed you the Department's general budget and we showed to you that in (UNINTELLIGIBLE) total administration of the Department, only 6 percent of the money that we administer on a annual basis -- because when you talk about -- we have, you know, the money that you (UNINTELLIGIBLE) -- you forgetting the fact that there were some City ofMiami Page 35 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 monies that were given to the City ten years ago that is coming back to the City that we have to administer. So when you look at the percentage, it only talk about this year's allocation. It doesn't talk about all the monies that you are managing. For example, two years ago the total allocation that was managed by the Department was $45 million. It's money that we actually allocated. And you have to look at how much money are we spending -- and I'm sure when you look at it -- Commissioner Carollo: How much are you allocating now? Mr. Mensah: Right now we are down to probably about $30 million, but the point is that when you look at the part that we actually spent, not what was allocated, actually spent on administration, it was 6 percent of the total money -- expenditures allocated in that Department. Commissioner Carollo: Well -- Mr. Mensah: And we showed you our report and that is what -- and we can do the report again and provide it to you. Commissioner Carollo: Yeah, because I need to see how we're going from 20 to 6 percent as a whole, and what I'm seeing is that it's subsidizing some of the other programs and maybe something like HOPWA -- and I've mentioned this before -- that is countywide, maybe, you know, we may be spending too much administrative and it may not be cost effective for us to continue. We should have the County administer it since -- Mr. Mensah: Commissioner -- Commissioner Carollo: -- it's a countywide. Mr. Mensah: -- I will send you the report and I think you will see the reason why the City is actually administering these program. Commissioner Carollo: Okay. Mr. Mensah: Thank you. Chair Suarez: Thank you, Mr. Mensah. Commissioner Gort. Commissioner Gort: George, I'd like for you to put that report together. At the same time, I want you to put in your administration costs. I want you to let us know what is it -- because one of the complaints that we have from one of the individuals here, there was no -- what do you call them? Not enforcement, but not -- supervision of the different departments, andl imagine from what heard, and might be wrong, that you have audits. You audit all the people that receive funds from us. You do a monthly audit or biweekly or -- I don't know how -- Mr. Mensah: We have an annual monitoring for all agencies that receive funds from us. Commissioner Gort: When you send those information, send it -- all of it, what you do. Mr. Mensah: Including all the monitoring that we do for the agencies? Commissioner Gort: Yes. Mr. Mensah: Okay. Commissioner Gort: Thank you. City of Miami Page 36 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 PH.5 12-00135 Department of Community Development Chair Suarez: It's been moved and seconded. All in favor, signift by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, TOTALING $362,000, IN THE AMOUNTS AND TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING SAID FUNDS FROM THE MAYORS POVERTY INITIATIVE ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 12-00135 Summary Form 03/08/12.pdf 12-00135 Legislation (Version 2).pdf 12-00135 Exhibit 1 03/08/12.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.5 was deferred to the Commission Meeting scheduled for March 8, 2012. A motion was made by Commissioner Gort, seconded by Commissioner Carollo, and was passed unanimously, that from now on any budgetary item that comes before the City Commission must be signed by the Budget Director. Chair Suarez: PH.5. George Mensah (Director, Community Development): PH.5 is the allocation of the Mayor's Poverty Initiative. This is the Mayor's item. Unfortunately, he's not here. Commissioner Spence -Jones: Is Danny -- is the Budget guy going to speak on this, though, since the Mayor's not here? PH.5. Chair Suarez: We can table it 'til later. Is it -- Commissioner Gort: Yeah. Chair Suarez: I mean -- Commissioner Carollo: I -- Commissioner Spence -Jones: I mean -- oh, you want to table it? Chair Suarez: No. I'm just saying, if the Mayor needs to be here, do -- Mr. Mensah -- Commissioner Spence -Jones: Does he need to -- Chair Suarez: -- did you --? City of Miami Page 37 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: -- be here, Mr. Mensah? Commissioner Carollo: Well, let's discuss this, because who approved the $362, 000? Mr. Mensah: The City Commission at the annual budget allocations. Commissioner Carollo: Right, in the budget, so I don't know how this became the Mayor's item because the City Commission approved it, and you know -- and we'll have more discussion. And by the way -- andl don't care. I mean, if the Mayor, you know, was here, fine. I just -- I want to move things along, but I'll table this for later. However, I do have questions on this. Commissioner Spence -Jones: On the 362? Commissioner Carollo: No, not the 362. We'll discuss that. But first of all -- you know, I see Mr. Alfonso here. Andl was going to ask Mr. Mensah, is Mr. Alfonso okay with this allocation? Mr. Mensah: I send it to him this morning, this allocation that was made by the Mayor, like you said, and -- Commissioner Carollo: No, I said it was made by the Commission. Mr. Mensah: No, no, no. I'm talking about this particular allocation. Commissioner Spence -Jones: This is the Mayor's -- Mr. Mensah: The 362 allocation was -- Commissioner Spence -Jones: -- Poverty -- Mr. Mensah: -- made by the City Commission in September. I'm talking about the allocation that was made to the agencies is the Mayor's item and, traditionally, that is what has been done. Andl know this is a new Commission, so if the Commission wants to change the way this is allocated, you know, I'm -- you know, I can be able to go with it. Commissioner Spence -Jones: Mr. Mensah, I think the Mayor's here now -- Commissioner Carollo: Yeah, right. Commissioner Spence -Jones: -- so he can address it. Commissioner Carollo: Mr. Mayor, we're discussing PH.5. Mayor Tomas Regalado: Right. Commissioner Carollo: And -- Mayor Regalado: The Mayor's Poverty Initiative. Commissioner Carollo: -- well -- Mayor Regalado: And the amount that I was -- that you see here in the agenda is what was approved in the budget process -- Commissioner Carollo: By the City Commission. City of Miami Page 38 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mayor Regalado: -- by the City Commission. And this has been going on, as George will tell you and probably Danny has made some research -- I think on 2001, when the cuts started coming to CDBG (Community Development Block Grant), the City Commission created what it said, the Mayor's Poverty Initiative, and it kept on going. This citywide because it gives the ability to the Administration to fund certain programs citywide. Or what I have been talking to Danny and -- Danny Alfonso and George Mensah and the Manager is that we need to meet with each of you individually to discuss the future of this project. And so what you have here today is something that would have make those programs whole with a 10 percent cut, not the 34 percent cut, and that's basically what it is. Andl hope that you approve it because it will send a good message to the agencies that were here this morning that are really hurting. And hopefully, if you approve it, then at least we have time to talk to all of you to discuss different programs in the different districts and make a decision in March because this doesn't go into effect until April. Chair Suarez: Thank you, Mr. Mayor. This is a public hearing, PH.5. Let me just open up the public hearing. Anyone from the public wishing to discuss PH.5? Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Commissioner Carollo: Thank you, Mr. Chairman. Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved and -- it's been moved by Commissioner Gort, second by Commissioner Spence -Jones. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. Mr. Mayor -- well, actually, it's really addressed to Mr. Mensah. Again, my question stands, does the -- is the Budget director okay with this amount and this --I guess it's a resolution -- with this resolution? Daniel Alfonso (Director, Strategic Planning, Budgeting and Performance): The $362, 000 is approved in the budget from the City's general fund to be transferred to CDBG as an allocation of $362, 000. I did not know the detail of how that was going to be broken down. Commissioner Carollo: The reason why I ask is because I think we have certain procedures. And unless we're going back to what's been done in the past -- so even when you tell me, oh, this was started in 2001 and -- we've seen a lot of stuff that's been done in the past that isn't necessarily correct, and I'm not saying that's correct or not. But what is the procedures, because I don't see here why the Budget director didn't sign off on this and final approvals? So I'd like to know why Budget -- this did not go through Budget or at least why didn't Budget sign off on this, 'cause it lets me know Budget's not okay with this? Commissioner Spence -Jones: I'm confused 'cause when I got briefed on this item -- Danny, you briefed me on it, on the 362. Mr. Alfonso: No, I don't think did, ma'am. Commissioner Spence -Jones: Yeah. This was one of the items that I know we talked about and this was -- I also had a conversation with Mensah too, but when we had my briefing on your budget items, we talked about the shortfall and picking up the public -- from the public service dollars so we did have a discussion about this, you andl did. Mr. Alfonso: I'm sorry. We may have been talking about different things. You asked about the funding of elderly services out of billboards and murals. City of Miami Page 39 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: Right, we had a conversation -- Mr. Alfonso: Right. Commissioner Spence -Jones: -- about that. But you also mentioned to me about this 362 as well and that that was coming from the Mayor's Poverty Initiative. Mr. Alfonso: Wow. Chair Suarez: Let me ask you this. Commissioner Gort: Yeah, let's clam. Chair Suarez: Do you have any issue with it? Commissioner Spence -Jones: Yeah. I mean, it's not -- Mr. Alfonso: Yeah, I'm sorry. I don't remember -- Chair Suarez: Was it an oversight -- Commissioner Spence -Jones: Well -- I mean -- Chair Suarez: -- that you didn't sign it or is there a particular reason why you didn't sign it? Mr. Alfonso: That item did not come through our office. It doesn't -- Chair Suarez: Okay. Mr. Mensah: And we're going by tradition here, and if the tradition is not the right way to do it, I think that we can probably set precedence and set a new way of doing things traditionally. Commissioner Carollo: Yeah, yeah, but that's not the question. I think the standard procedure, or I guess what should be, is that -- and this is a budgetary item, correct? This is coming -- this is monies from the general fund so I would think that the Budget director would, at the very least, approve or disapprove or sign off as whenever there's a legal thing, it goes to the City Attorney and she signs off. So I'm seeing here budget and the very first line to your right and don't see a signature so I'm wondering did we not follow procedures? What's going on? Commissioner Spence -Jones: And Mr. Chairman, I -- 'cause I know I'm not crazy. I know that specifically had a conversation with you, Danny, about this 'cause we talked about the shortfall being about a half a million, okay. Mr. Alfonso: That -- Commissioner Spence -Jones: And then when you said that to me, I said, well, this is only 362, and you said that that additional amount we're going to make up. Mr. Alfonso: Okay. We -- Commissioner Spence -Jones: I know that I'm not insane. Mr. Alfonso: Okay. That half a million -- Commissioner Spence -Jones: Okay. So just say that you don't -- City of Miami Page 40 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mr. Alfonso: No. Commissioner Spence -Jones: -- like I got it out of the space or the air and that -- you and didn't have a conversation is not cool. Mr. Alfonso: No. Commissioner, let me explain myself. The half a million that I was referring to is in addition to this. It's not this. That's why perhaps we're -- I'm confused -- you're absolutely right; we did talk about a half a million. Commissioner Spence -Jones: And it came in reference to this particular item. That's why I asked about it. Mr. Alfonso: When -- I'm sorry, Commissioner. When you asked me about that, my reference of mind was not on this item because I had not seen this item, so I was speaking about another half a million discussion that did have with the Mayor and the Manager where because we 're losing the 34 percent on the federal funding, the Mayor has asked that we look at the possibility of coming up with a half a million dollars to fund programs, social services. Commissioner Spence -Jones: So that -- Mr. Alfonso: Not this. Commissioner Spence -Jones: -- half a million dollars was above the 362? Mr. Alfonso: Yes, Commissioner. And that may be where the confusion between you andl -- between myself and you expands. Commissioner Spence -Jones: Yeah. Mr. Alfonso: I was not aware of this 362. Commissioner Spence -Jones: Yeah, I was speaking in reference to this item, so I thought you was -- Mr. Alfonso: I apologize. Commissioner Spence -Jones: -- finding the shortfall amounts, which was a hundred and something (UNINTET,T IGIBT,F) the 500 out of the Mayor's Poverty Initiative. So I was thinking that that's what you were talking about. Mr. Alfonso: My apologies. I didn't realize that's what you were talking about 'cause I did not see that item. Chair Suarez: Commissioner Gort. Commissioner Gort: No. I think the -- he's still on -- Commissioner Carollo: Yeah, you know. And again, my first question was regards to -- listen, everybody knows that I'm always looking at everything budgetary and financial and when I see that, you know, the Budget director didn't sign off and it's definitely a general fund budgetary item, you know, I get concerns. What's the issue? So I'm seeing that he's not signing, so then my second thing is, well, is it an oversight? Did they follow procedures? And let's be clear. There's been a history here of not following procedures, so I want to make sure, you know -- you know what, if an item shouldn't go to a department director, then take this out, then just do away with City of Miami Page 41 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 it, which I don't think we should. But if again, you know, the Administration or someone didn't follow procedures, then again, I think that, you know, we should discuss it so in the future we make sure that this doesn't keep reoccurring and that's my intent. So I want to make sure if, you know, Mr. Alfonso okay with it and, second of all, how do we make sure this doesn't continue to happen. Chair Suarez: Mr. Alfonso, are you okay with this item? Mr. Alfonso: The transferring of the $362, 000 from the general fund to CD (Community Development) -- Chair Suarez: Right. Mr. Alfonso: -- for use by CD for the elderly programs, et cetera, is approved in the budget, so to that extent -- Commissioner Gort: That was going to be my question, okay. Chair Suarez: Right. Mr. Alfonso: -- it is -- Chair Suarez: If you were given this -- Mr. Alfonso: I did not look at the individual -- Chair Suarez: -- had the proper -- right - had the proper procedure been followed, would you have signed off on this? Mr. Alfonso: Yes. Chair Suarez: Okay, thank you. Commissioner Gort: My question was -- Chair Suarez: Now -- no, no. Commissioner Gort: I'm sorry, Mr. Chairman. Chair Suarez: Go ahead, please, please. Commissioner Gort: But my question was because us not looking at the numbers one by one. But my memory, it still works a little bit, and my understanding is we approved this during the budget. When we approved the budget, we approved this. The system, how it was going to be applied and how it was going to be done, I don't think we mentioned that. Commissioner Carollo: And that's where -- Commissioner Gort: Okay. Commissioner Carollo: -- I'm going next. That will be my second thing. Mayor Regalado: And ifI may, ifI recall exactly -- and you know, Commissioner was talking about the conversation -- my understanding is that, Commissioner, you discussed with George Mensah this 360 and you suggested to use certain amount of money for Centro Mater. Is that City of Miami Page 42 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 accurate? Commissioner Carollo: Yes, but you're -- Mayor Regalado: It's accurate. Commissioner Carollo: -- jumping the gun, Mr. Mayor. Mayor Regalado: No, no, no, no, no. Commissioner Carollo: You're jumping the gun. Mayor Regalado: It's accurate because you -- he did follow procedure. He went to each and every members [sic] of the Commission asking about each program in every district of the City. You suggested that we fund with this money Centro Mater to make him whole according to the last year's budget. Commissioner Carollo: Like I said, Mr. Mayor, you're jumping the gun. We'll get to that. We'll get to that. I mean, we will get to that. Mayor Regalado: No, no, but I just want to make sure that you understand that all of you made decisions about the citywide fund correct? Commissioner Carollo: Again -- Chair Suarez: Yeah. Commissioner Carollo: -- Mr. Mayor -- Mayor Regalado: No, I'm -- Commissioner Carollo: -- we'll get to that. Mayor Regalado: Is that correct? Commissioner Carollo: Well, first of all, I want -- Mayor Regalado: Yes. Chair Suarez: Okay. Commissioner Carollo: First of all, I want to get to procedural process -- Mayor Regalado: No, no, but -- Commissioner Carollo: -- because I want to make sure -- Mayor Regalado: I understand. And we have to apologize because Danny has to sign in every line item, and George. But my point is that George discussed with everyone here the different shortfalls for the different districts and each of you had something to say, correct? Chair Suarez: So I think we have clamed that there was a oversight, that it was not given to Budget. Is that correct, Mr. Mensah? Was there an oversight? Or is that just not your typical practice? City of Miami Page 43 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mr. Mensah: It's not a typical practice, but typically -- Commissioner Carollo: Why? Mr. Mensah: -- Commissioner, let me -- Johnny Martinez (City Manager): Mr. Chair. Chair Suarez: Yeah. I was going to say typically, we -- Mr. Mensah: Typically, the Community Development had never been involved in this part of the project. Community Development (UNINTELLIGIBLE) -- Commissioner Carollo: Mr. Mayor, Mr. Mayor -- Mr. Mensah: What typically happens -- Commissioner Carollo: -- don't leave. Mr. Martinez: One second. Mr. Mensah: -- is that the Mayor is the one -- this item is usually the Mayor's item. The Mayor is the one that -- Chair Suarez: Right. Mr. Mensah: -- works with Community Development. The item comes that is provided by the Mayor. Chair Suarez: Okay. Can you -- Mr. Mensah: That's what has been happening in the last few years. Chair Suarez: -- put on the record any time -- both of you -- that in the future general fund monies run through Community Development or involved with Community Development that the Budget director will be informed of it and will sign off on it prior to it coming to City Commission? Mr. Mensah: That's correct. We will do that from now on. Commissioner Spence -Jones: And Mr. -- Chair Suarez: Mr. Alfonso, can you --? Commissioner Spence -Jones: Mr. Chairman -- Mr. Martinez: Mr. Chair. Commissioner Spence -Jones: -- can we hear from our City Manager? Chair Suarez: Yes. Mr. Manager. Mr. Martinez: I saw the paperwork. I didn't see the distribution of how each penny was going to be distributed. My basic question to Danny was is this amount in the budget. He said, yes, there's a separate item for this. And today's item is just to move it to CDBG, so the money was City of Miami Page 44 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 there. It's not like we're taking money from -- Commissioner Spence -Jones: Somewhere else. Mr. Martinez: -- somewhere else. It was allocated in an item and then the Commission's decision today is to move it to CDBG to cover the things that are listed in -- Commissioner Spence -Jones: The shortfall. Mr. Martinez: -- Attachment A for the shortfall to be distributed. So he didn't sign off on it, but I did ask him and he said, you know -- Commissioner Carollo: Question then, and again, on procedure. Andl -- and this is so we move forward the correct matter. Question then: Why do we have final approval budget? When does that occur then? When does Budget sign off on final approval? Can you give me an example? Mr. Martinez: Well, this was already budgeted in the budget and it's just transferred in from one spot to another. Commissioner Carollo: Again, all -- Mr. Martinez: Yeah. Commissioner Carollo: -- need is an example why we have -- Mr. Martinez: Yeah. Commissioner Carollo: -- this line for Budget. Can you give me an example of something else? What will Budget sign off on, because this is general funds? This is, you know -- so I need to know then why do we have Budget and there a line for Budget to sign off? What will he sign off on? Luis Cabrera: Commissioner, Assistant City Manager, Luis Cabrera. For example, on an item where we hire -- Commissioner Gort: Who are you? Mr. Cabrera: I'm sorry? Chair Suarez: Yeah, he said it. Commissioner Gort: Who are you? Chair Suarez: He already -- Commissioner Spence -Jones: He said Luis. Chair Suarez: -- identified himself. Mr. Cabrera: Yes, sir, acting Assistant City Manager Luis Cabrera. On an item where, for example, we're doing a new hire or we're going to do hires, we want to make sure that those hires are budgeted within our budget. We go ahead and we forward that paperwork through our Budget Department and that's how we go. In this case, CDBG was under my purview. I checked to make sure it was budgeted. I signed the paperwork, forwarded it to the Manager, which we ran it through Danny, but it doesn't -- there is no set -- to answer your question, there is no set City of Miami Page 45 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 protocol that says Danny must sign as long as it goes through the ACM (Assistant City Manager) and we check to make sure that it's budgeted. Commissioner Carollo: And that's where, you know, I have some concerns because it seems like it's the ACM's discretion; it's not necessarily a policy. Whenever you think we have the money or we budget the money, then you let it go through. Whenever you think, oh, I don't know, you know, it goes to him. I think that everything that, you know, you want, you should make -- you should, you know, go through the Budget. Commissioner Gort: As amended. Commissioner Carollo: Put it this way, I think every time it's something legal, it goes through the City Attorney. She signs off on it. Mr. Cabrera: That is correct. But I'm just answering the question that you asked, sir, with the utmost respect, that we have no protocol in place, to answer your question, that specifically says you must do A, B, C. In this case we checked that it was budgeted. It was budgeted. We followed the item up before -- I signed it; we forward the paperwork to the Manager, who then -- Commissioner Spence -Jones: Approved it. Mr. Cabrera: -- made sure that this was moved forward. Commissioner Carollo: Okay. And again, my intent here is to constantly make the City better -- Mr. Cabrera: Absolutely. Commissioner Carollo: -- constantly look at procedures. Was there a break in procedure? Was there an override in controls, you know? And my intent is to constantly make this City better, make this City, you know, operate in a fashion that, first of all, is effective and second of all, efficient. But realistically, you know -- and that's why I'm bringing this up because in all fairness, this is a budgetary item andl'm seeing, you know, the budget line andl'm saying, well, wait a second. This is -- there's no doubt about it, this is a budgetary item from the general fund. Mr. Cabrera: Correct. Commissioner Carollo: Why hasn't it gone to, you know, the Budget director? Or maybe he didn't sign off 'cause he disagreed, so I need to know. Mr. Cabrera: And the rationale to that, sir -- and we can always implement, at the Commission's will, any procedures you want. But the rationale -- just so you know where the rationale was at, that because it was a budgeted and approved item, we reviewed that, it was signed, and it was forwarded to the Manager, andl take full responsibility for that, sir. Chair Suarez: Thank you. Commissioner Carollo: Thank you. Chair Suarez: Thank you. Commissioner Carollo: And in the future, if we could discuss it so we would put the proper procedures and go from there so -- Mr. Cabrera: Absolutely. We're here to -- City of Miami Page 46 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Thank you. Mr. Martinez: Ninety-nine percent of the time his initials are on there before I sign, but I asked the question. I was convinced that there was a line item with that amount -- Commissioner Carollo: I understand. Mr. Martinez: -- of money and we were just going to distribute it for another purpose. Commissioner Carollo: I gotcha, Mr. Manager. Chair Suarez: You have more? Commissioner Carollo: Mr. Chairman -- Chair Suarez: Have more? Commissioner Carollo: -- can I -- ifI could continue? Chair Suarez: Yeah. Commissioner Carollo: Yes. The second part is the item that, you know, the Mayor was speaking with regards -- or the issue the Mayor was speaking in regards to. Yes, I did meet with Mensah, Director Mensah, Assistant Director Duran, and we discussed some of the agencies, and Centro Mater was definitely one of them. However -- and by the way, during the budget process -- andl showed courtesy to my colleagues -- I asked what is these $362 -- and I'll read from the minutes -- who are they going to and who's going to make the decision as far as where these monies are going to, you know, because it's general fund money? There was no answer. Andl understand 3 o'clock in the morning; we want to move on. Now the item -- Mayor Regalado: Commissioner, in the case of Centro Mater, you made the decision because Mensah told me -- Commissioner Carollo: Under -- Mayor Regalado: -- that you wanted -- Commissioner Carollo: Understood. Mayor Regalado: -- certain amount of dollars for that andl said it's okay; Centro Mater is an extraordinary project. It's District 3. But you made the decision. I -- he didn't suggested the number. Commissioner Carollo: Well, here's the first issue, Mr. Mayor. I understand that you said it's okay, but this Commission also makes the decisions, so it works. And we'll get into teamwork pretty soon because I truly believe in teamwork. However, the item that's before us has unallocated amount of $32,151. Mayor Regalado: Right. Commissioner Carollo: Okay, that's what the item before us has. Mayor Regalado: I think he will tell you that we were waiting for guidance of the Commission, and this meeting, and the new scenario to allocate those $32, 000. Andl told George that we needed to have feedback from each of you to see the priorities on the different programs in the City of Miami Page 47 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 different districts. Commissioner Carollo: I'm glad you're saying that and you're putting it on the record, Mr. Mayor, because Mr. Mensah did not tell me that. He told me something different. As a matter of fact, he gave me a sheet, an Excel spreadsheet that shows me how we're going -- Mayor Regalado: Suggestion. Commissioner Carollo: -- to allocate those funds. Mayor Regalado: Yeah, they were suggestion. But then we said let's hold on because now with this new situation of the 34 percent cut, all things are different. So what I'm saying is give us the possibility of meeting with each of you so we can discuss how to -- first, how are we going to fix the 34 percent. That's what we need to hear from you. And second, those $32,000, if it's okay to do the certain allocations on that. But what I want to make sure is that on -- for instance, on Centro Mater, because I remember that asked about the amount and it was a very high amount, andl said that's a great program. Andl said Commissioner Carollo suggested that this will come from the Mayor's Poverty Initiative. That is correct, right? Commissioner Carollo: No, that is not correct 'cause I'm pretty sure I never said the Mayor's Poverty Initiative. Mayor Regalado: Well, you said the money of the people ofMiami. Commissioner Carollo: No. I said from the allocation of $362, 000 -- Mayor Regalado: Well, I mean -- Commissioner Carollo: -- that this Commission made. Mayor Regalado: I don't know. Chair Suarez: Okay. Mayor Regalado: I mean, if you -- Chair Suarez: Guys, I mean, is there -- Commissioner Spence -Jones: I know. Chair Suarez: -- anything more substantive to add to this? Commissioner Spence -Jones: Yes. Commissioner Carollo: Okay. Mayor Regalado: Yes. This is not -- Commissioner Carollo: The substance issue is that what was presented to us in the backup was an unallocated amount of $32,151. Chair Suarez: I agree with that. Commissioner Carollo: Okay. City ofMiami Page 48 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: I agree with that. Commissioner Carollo: Mr. Mensah came and said, here, this is what, you know, we're recommending for approval and this is what's coming before you. And said, well, wait a second. Who made the decision on the unallocated amounts? I mean, did you speak -- Mr. Mensah: Can I -- Commissioner Carollo: -- to the other Commissioners? No one spoke to me. And is that right, Mr. Mensah? Mr. Mensah: That's right, andl wanted to have the opportunity to really talk about this. As I've said in the past, the Mayor's Poverty Initiative -- that's how it was called when I became the director -- and it has always been a type of funding that was used to supplement the elderly feeding. We've done it in the past few years. We didn't do it in the last two years because of the fact that the CDBG program was shrunk for six months and so we had extra money and we were able to cover the public service dollars without going through the City's general fund. So when we did the allocation, the first thing we did was reached out to the Mayor. We sat down and looked at the differences. What we did was that we gave the differences of what the agencies are losing and -- what the agencies are losing and we provided it and that also in the allocation was made. There were $32, 000 that was left over. So prior to this meeting, we went -- we met. We sent it in -- we went to the Mayor's office and an allocation was made. Now what instruction we got was that there are certain agencies that are getting $3, 000, that are getting $4, 000, and so those amounts were so small that even though the $32, 000 was left over to -- in case we got deeper cut to help the agencies, give these amounts -- distribute these amounts among those agencies that got very small amount, so that's exactly what we did. Whatever we come here, it's a recommendation. The City Commission can decide to say that, you know, this is not how we want this allocated. Can you please allocate it this way? And we are always ready to be able to do whatever the City Commission wishes so that this program can move forward. The agencies received a lot of cuts, so for an agency that is only getting $3, 650, the amount of money they have to (UNINTELLIGIBLE) just to keep track of $3, 650 is not worth it. So we said to the Mayor that we think that such agencies should get additional funds so that at least to make them worthwhile to even take this $3, 000, so that was the rationale by which this was made. If the Commission wanted to make changes to it, I'm here with my pen and I'll make necessary changes to the allocations. Chair Suarez: Thank you, Mr. Mensah. Commissioner Spence -Jones: Mr. -- Chair Suarez: Yeah, Commissioner Spence -Jones. Well -- Commissioner Spence -Jones: Okay. I just wanted to be clear and, Danny, you kind of cleared up some of it because based upon the amount that we were told -- at leastl was told for the 362, we were trying to make up the balance that was -- Mr. Mensah: Lost. Commissioner Spence -Jones: -- reduced -- Mr. Mensah: Yes. Commissioner Spence -Jones: -- from CDBG -- Mr. Mensah: That's correct. City of Miami Page 49 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: -- to at least bring them whole. Mr. Mensah: Yes. Commissioner Spence -Jones: Based upon what Danny's saying to me today, this 362 does not necessarily make up the balance. We still have another 500 that he needs to try to find in order for the agencies to be whole. Mr. Mensah: That's correct. Commissioner Spence -Jones: Okay. So the allocations that we made earlier through the CDBG process, those smaller -- were reduced by 33 percent, correct? Mr. Mensah: Yes, yes. Commissioner Spence -Jones: The 33 percent is now -- now we're adding these additional amounts. Mr. Mensah: That's correct. Commissioner Spence -Jones: Okay. So this list that I have right here now, you're saying that this is the opportunity if we want to make adjustments to the 362, we can? Mr. Mensah: That's correct. Commissioner Spence -Jones: Okay. So -- because I'm sure every single Commissioner on here will look at some of these numbers and say, like for instance, this is not in my district, but like the Gibson Memorial Fund, I mean, for you to give $846 to them, or let me say St. Alban's 'cause I know they're suffering and having issues over there. You're giving them 2,000. How -- this is a question for me since we're not doing it based upon making them whole. How did we determine all these numbers? Mr. Mensah: Because of the fact that, traditionally, those agencies that you mentioned do not get Mayor's Poverty Initiatives. Commissioner Spence -Jones: They -- okay. Mr. Mensah: Traditionally. Traditionally, it has gone to the elderly meal providers, traditionally. That's how it's been. But this time, because of the deepness of the cuts, because of how deep the cuts were, seven agencies, like the one that you mentioned (UNINTELLIGIBLE), they only are receiving $7, 800 so this was just to get them over $8, 000. An agency like Centro Hispano is getting $3, 650, so we provide additional 8,000 -- (UNINTELLIGIBLE) to get them over 5,000. So we look at a level they were and we said, well, how much money do they need to just get them over the next level. Commissioner Spence -Jones: Right. Let me -- Mr. Mensah: That was a decision -- Commissioner Spence -Jones: -- just say this, George. I'm going to withdraw my second -- Mr. Mensah: Yes. Commissioner Spence -Jones: -- because I still have -- I really have -- I have concerns about City of Miami Page 50 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 how the list is being broken out -- Mr. Mensah: That's fine. Commissioner Spence -Jones: -- because it seems like it's not evenly being distributed andl understand in certain cases it -- I hear a lot of -- shhh. I'm sorry. I'm trying to listen to y'all conversation and talk here too. I'm sorry. Is there any way that we can table this so that we have a greater -- we've already approved the CDBG thing -- Mr. Mensah: Yes, that's correct. Commissioner Spence -Jones: -- so that won't stop. But I think we need a little bit more time. Andl can't speak for Commissioner Sarnoff but, you know, I'm looking at some of your numbers and they seem a little low, andl know that when this is all said and done, you're going to have some issues, not issues, but concerns. Andl know on my end, I see a few on there. I don't even want to give them this small amount. And one of them, we know, will be out here in a minute saying why were they chosen for this small amount, and quite frankly, they support a lot of seniors and they were a part of the Mayor's Poverty Initiative for a few years. So can we table this item -- Mr. Mensah: That's -- Commissioner Spence -Jones: -- and have the Administration work with us on at least making sure the process looks a little balanced? Mr. Mensah: -- that's fine. (UNINTET,TIGIBT,F). Chair Suarez: We'll table it. Do you want to table it for today or do you want it for -- Commissioner Carollo: Commissioner. Commissioner Spence -Jones: I could -- we could -- I mean, this is not going to hurt -- I think this requires -- Commissioner Gort: You can (UNINTELLIGIBLE) -- Commissioner Spence -Jones: -- is actually working through. Let's just -- excuse me. Sorry. Can we move this, if you don't mind -- I know you brought up the issue, but you brought up some valid issues, and quite frankly, I'm glad that you did? If we, Mr. Chairman, can deal with this for the next City Commission meeting -- Chair Suarez: That's fine with me. Commissioner Spence -Jones: -- since it's not an urgent matter -- Mr. Mensah: It's not urgent. Commissioner Spence -Jones: -- and then we'll address it then, that would be great. Chair Suarez: Okay. You withdrew your second. Commissioner Gort: I with -- Chair Suarez: I forgot who was the one that actually moved it. It was Commissioner Gort. Commissioner Gort, will you --? City of Miami Page 51 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Gort: Withdraw my -- Chair Suarez: He withdraws his motion. Is there a motion to defer this to the next meeting? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. Discussion, Commissioner Carollo. Commissioner Carollo: Thank you. And again, I need to point out -- andl want to wait for Commissioner Spence -Jones to be on the dais. Commissioner Spence -Jones: I'm here. Commissioner Carollo: Okay. Commissioner Spence -Jones: All yours. Go ahead. Commissioner Carollo: It is my understanding that the Administration met -- at least met with me and met with the other Commissioners with regards to some of these amounts. However, what's presented to us -- and don't have a problem with the amounts, except for I see an unallocated amount of $32, 000, and we probably have it there just to see how bad the cuts were or regardless. But the bottom line is to see, okay, who needs more help with regards to those 32,000. However, as of Tuesday, I was informed by Mr. Mensah that that decision had already been made for us and we just needed to vote on it and that's what he was presenting in this spreadsheet. I think that's incorrect because I was not asked and I'm not sure ifI asked about the other Commissioners. I believe I did. But it was my interpretation that the other Commissioners were also not asked with regards to the unallocated amount of $32, 000. Now it's not much, I understand. But at the same time, you know, we've dugged [sic] down to very small amounts that it's not even general fund monies, you know, even bond monies. You know, we've dugged [sic] down to small amounts. So even though 32,000 to some may not be a lot, to others it is. You know, it's relative. The bottom line is if it's unallocated and that's -- what's before us -- and there's even a five-day rule. This is what -- you know, it's in the backup. Commissioner Spence -Jones: Okay. Commissioner Carollo: Why is that decision made without my input and, what my understanding is, without the other Commissioners' input? And that's where I have the problem. I don't have the problem with the other amounts. I'm okay with the other amounts. But these 32,000 unallocated, I think realistically, no. I think there should have been discussion. And that was my issue, Commissioner Spence -Jones, and that's why I'm bringing it up. Andl think it's a very valid issue. Commissioner Spence -Jones: Yeah. Chair Suarez: There's a motion -- Commissioner Spence -Jones: I -- I'm sorry. Chair Suarez: -- to defer. Commissioner Spence -Jones: Yes. I think we had a motion and a second. City of Miami Page 52 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: And a second. Commissioner Spence -Jones: Andl don't want to keep it going on, Mr. Chairman, 'cause I know you're trying to move the meeting. So George, if you can get with all of us and we figure out -- and the Mayor's staff on just figuring out the proper way and the most balanced way beyond the 32,000 that's left there, but all of us, just to make sure there's fairness on that. Mr. Mensah: Commissioner, I assure you that we will do that. It's $362, 000. I mean, you all know how difficult it's been even to distribute the 744, 000. So we definitely will meet with each Commissioner. I think probably what -- and then see how these monies could be allocated. Commissioner Carollo: And can I raise one more issue real quick and we can conclude, Mr. Chairman? Chair Suarez: Yes. Commissioner Carollo: Thank you. As you could see up here, we work as a team, including the Mayor, andl was hoping the Mayor would stay. I understand he's got a busy schedule andl guess he couldn't be here for this or he had to leave, andl really do think this is an important item. But I really do believe in working as a team, working as a team with my colleagues, working as a team with the Mayor, so I wish he would have stayed. And you know what, I think it's time that we show that we work as a team and this should be called the City's poverty initiative because we work as a team. So I think, realistically, from now on, this should be called the City's poverty initiative 'cause we're working as a team. Commissioner Spence -Jones: Are you making a motion? Commissioner Carollo: I'll make it as an amendment to the deferral andl don't know what's the correct way of doing it but -- Chair Suarez: No, no. Let's just vote on the deferral and then we can -- Commissioner Carollo: And then we'll -- Commissioner Gort: Yeah, that's it. Chair Suarez: -- take it up at the next meeting, I think. Commissioner Spence -Jones: Okay, thank you. Commissioner Carollo: Hold on. Commissioner Spence -Jones: There's more? Commissioner Carollo: Hold on. Can we vote on the deferral and then do a motion? Commissioner Spence -Jones: We already voted on the deferral. Chair Suarez: No, we haven't. Commissioner Carollo: No, we have not. Chair Suarez: No, we haven't. City of Miami Page 53 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: We haven't? Chair Suarez: We haven't. Commissioner Spence -Jones: You -- Madam -- Chair Suarez: The deferral has been moved and seconded. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Commissioner Carollo: Mr. Chairman. Chair Suarez: Passes unanimously. Commissioner Carollo, you're recognized. Yes, you're recognized. Commissioner Carollo: Thank you. I make a motion that this type of funding that we use for, you know, supplement of CDBG -- in trying to show teamwork and work more as a team, the Mayor and the Commission, I think it should be called the City Poverty Initiative. Chair Suarez: There's a motion by Commissioner Carollo. Is there a second? Vice Chair Sarnoff. Second. Commissioner Spence -Jones: Can -- Chair Suarez: Second by Commissioner Sarnoff. Commissioner Spence -Jones: Okay, let -- okay. Is the issue that it says the Mayor -- what is the -- did this get started when this Mayor came or was it started -- when did this get started? Commissioner Carollo: 2001 with Mayor Manny Diaz. Commissioner Spence -Jones: Okay. And the -- Commissioner Carollo: Now hold on. Commissioner Spence -Jones: -- what was -- Commissioner Carollo: When you say when did this start, okay, realistically, it's not when this start. This isn't a program or anything like that. What we actually have done is used general fund monies -- Commissioner Spence -Jones: I gotcha. Commissioner Carollo: -- that every year we can say yea or nay or not even have to discuss it. But this Commission decided to use general fund because we knew there was going to be cuts, in order to supplement the CDBG funding and help our public services, so that's why I think it's not who started it. It's not, you know -- every year this Commission, you know, grapples -- and yes, I have to say grapples, you know, especially these last couple of years -- with the budget. What do we fund? What do we not? Where do we cut? Where not? So every year it's a different budget. And can assure you, the budget that we've tackled the last couple of years has -- is nowhere near what they were doing in 2001. So I think, in all fairness, you know -- and again, working with the Mayor -- I mean, the Mayor has had great participation in this and from what I've seen, so have we, except for this unallocated amount. I think this should definitely be called the City's Poverty Initiative and that's what it is. Who is the City, you know? We, along with our residents, City of Miami Page 54 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 and that's what I think we're -- we should accomplish. Chair Suarez: Any further discussion? Commissioner Spence -Jones: I just have one question for -- Chair Suarez: Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: -- Madam City Attorney. The purpose of the Mayor's -- just so thatl know -- Poverty Initiative fund when it was created, what was it created to do? Because beyond the issue that we're using it as a means to fund, you know, our shortfalls now, I'm sure it had a greater purpose than funding the shortfalls of social services. So I -- my only concern about it would be the next Mayor and the next Mayor after that, you know, so -- I don't think this should be about, you know, whether or not it's ours or the next Mayor. So my question would be, do you know the purpose behind the Mayor's --? Julie O. Bru (City Attorney): Well, what I can tell you -- Commissioner Spence -Jones: -- Poverty Initiative and the purpose behind it? Ms. Bru: -- is my assistant has given me a copy of two resolutions, one is from 2002 and the other one is from 2003. It appears from reading these cursorily, that this poverty initiative started back -- well, at least -- in 2002 it was setting aside $1 million to be used to fund a citywide poverty initiative, so that was the City ofMiami Commission directing the Manager to take $1 million of surplus money -- 'cause at that time we were -- Commissioner Spence -Jones: We had it. Ms. Bru: -- rolling in the dough. Commissioner Carollo: Exactly. Commissioner Gort: We left a lot of it. Ms. Bru: And -- Commissioner Spence -Jones: Right. Commissioner Carollo: Yeah. Ms. Bru: -- set it aside. Then in 2003, I think former Mayor, Manny Diaz, took more ownership over the management of the surplus monies that were available, and at that time there was an amount of $1.85 million, 1.85, $1, 850, 000 that was identified and now it starts to be called the Mayor's Citywide Poverty Initiative because I think it was being managed out of the Mayor's office, and there was a phase I and a phase II, and it involved different things involving a child tax credit outreach campaign utilizing FIU (Florida International University) Metropolitan Center. So there were different programs that were identified, but always with these budget reserves requiring that the proposed expenditures be presented for the City Commission for approval. Commissioner Gort: For approval. Commissioner Spence -Jones: Okay, so -- Commissioner Carollo: But -- City ofMiami Page 55 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: I'm sorry. Commissioner Carollo: -- that's different from what we have now because there is no tax credit, there is -- it's not out of the Mayor's -- I mean, it's clearly -- Mr. Mensah, I didn't even go through Budget, you know, other than we approved it during the budget process. Commissioner Spence -Jones: Okay, can I -- I was -- can I finish? Commissioner Carollo: I'm sorry. Commissioner Spence -Jones: Can I finish? Commissioner Carollo: I'll yield to you and you -- Commissioner Spence -Jones: Thank you. Commissioner Carollo: -- definitely have -- Commissioner Spence -Jones: All right. So it started off as the Citywide Poverty Initiative? Ms. Bru: From what I've seen here in 2002, it was just referred to -- Commissioner Spence -Jones: So there was legislation that passed on it first. Ms. Bru: -- as the citywide. Commissioner Spence -Jones: Right. Ms. Bru: And then -- Commissioner Spence -Jones: And then the second? Ms. Bru: And it's always been citywide. Commissioner Spence -Jones: Okay. Ms. Bru: The monies are always used citywide. But it seems like in 2003 the former Mayor took more of a ownership over the, you know, program and the use of the funds and identifying, you know, worthy causes for which to allocate the money. Now, obviously, at that time there was a lot of money to allocate and use so -- Commissioner Spence -Jones: Right. And we don't -- and we can't really forecast where we're going to be three or four years from now and whether or not -- Vice Chair Sarnoff Resolution did not call for the Mayor's Poverty Initiative. Commissioner Spence -Jones: -- the value of having that should exist. Vice Chair Sarnoff Did not. Commissioner Spence -Jones: But based upon your legal opinion and your -- what would be your recommendation on this issue? Ms. Bru: This is a policy decision. City of Miami Page 56 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: Okay. Ms. Bru: This is purely a policy decision. Commissioner Gort: Go ahead. Vice Chair Sarnoff Yeah, but act like you're a Commissioner. What would you do? Chair Suarez: What would Julie do? Commissioner Gort: I love that one. That's a great answer. That was -- Chair Suarez: Instead of what would Jesus do, what would Julie do? Commissioner Gort: It's a policy Commission. I don't want to get involved. Yeah. Vice Chair Sarnoff What was Moses do, you know? Commissioner Spence -Jones: All right, all right, all right, all right. Commissioner Gort: I'm not going to give an opinion. Commissioner Spence -Jones: It was my -- I'm going to finish up because I was the last one (UNINTELLIGIBLE). So we do have a five-day rule on this issue anyway, right? Commissioner Gort: Five days. Commissioner Carollo: Yes. Commissioner Spence -Jones: So this would be considered -- I mean, one of your biggest things you push is the five-day rule. Chair Suarez: Yeah. Commissioner Carollo: No, no, no. Hold on, hold on, hold on. If we vote on it showing this unallocated amount, we have no five-day issue. The five-day issue is when it is presented, all those other agencies, then we would have a five-day issue. Now the five-day issue -- I mean, I'm sorry -- the five-day -- Commissioner Spence -Jones: Rule. Commissioner Carollo: -- rule is automatically waived unless one of us invoke it. Chair Suarez: Right. Commissioner Carollo: Now we don't have to invoke it. We could discuss among us and say, hey, listen, we (UNINTET,TIGIBT,F). Commissioner Spence -Jones: No, we got to invoke -- evoke [sic] it, right? Commissioner Carollo: But -- what's that? Commissioner Spence -Jones: We got to evoke [sic] it, right? City of Miami Page 57 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: You have to invoke it to -- for it to be effective, yeah. Commissioner Carollo: Hey, it was only used once andl think it was very effective that time. But anyways -- Commissioner Spence -Jones: Can we just defer this until the next meeting as well? Do you mind, Commissioner? First of all, I feel really bad to talk about this issue and not have the Mayor to at least -- Commissioner Carollo: That's why -- Commissioner Spence -Jones: -- talk about why it's important. Maybe he may have an issue as to why he feels, you know, it should remain that, and quite frankly, in fairness, we should give him the opportunity to speak on it. So if you don't mind -- Commissioner Carollo: Absolutely. Commissioner Spence -Jones: -- my fellow colleague, can we wait 'til he gets here? Commissioner Carollo: Absolutely. And that's why I wish he wouldn't have left and that's why I kind of you know, but -- Commissioner Spence -Jones: So will you -- Commissioner Carollo: I understand. Commissioner Spence -Jones: -- withdraw your second? Chair Suarez: No. He's made the motion, right. So he withdraws his motion. Do you withdraw your second? He withdraws his second. Vice Chair Sarnoff. Sure. Chair Suarez: PH.7. Commissioner Gort: No, wait a minute. Chair Suarez: You have something else to say on this? Commissioner Gort: Something else. Chair Suarez: Yes. Sony. Commissioner Gort: I believe, as a team -- Commissioner Spence -Jones: Yes. Commissioner Gort: -- I'd like to -- I don' t know if it's a resolution or instruction to the Manager that from now on any budgetary item that's going to come in front of us, it's got to be signed by the Budget director. That has to be part of the procedure, to make sure that any changes -- I understand sometimes when you need to reallocate funds because of jobs and different, I want to make sure that we follow that. Chair Suarez: There's a motion by Commissioner Gort. Is there a second? City of Miami Page 58 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. Any further discussion? Commissioner Spence -Jones: Yes, Mr. Chairman. Mr. Martinez: Mr. Chair. Commissioner Spence -Jones: It won't be long. Chair Suarez: Commissioner Spence -Jones and then the Manager. Mr. Martinez: Okay. Commissioner Spence -Jones: Okay. Chair Suarez: Sony. Commissioner Spence -Jones: Where's George? First of all, I want to say this to George and your entire CD team. I don't know how many people you have left. Pedro, a true survivor. I want to -- Alfredo Duran -- acknowledge George Mensah and his team, CD, for, you know, we've had a tough budget cycle. We had serious challenges. I honestly didn't feel like you were going to make it out of that meeting yesterday. And when I saw you yesterday and you had all your hair in your head, I said okay, maybe people understood what we had to do. But want to acknowledge you because that says a lot about you and your team, that people could come here and fully understand it and hear constituents come up to the mike and say that, first, I was really upset, but after your team explained it to me, then we understood what the issues were. So I think it's really important to acknowledge you guys 'cause I know it's not easy, especially when people come to you for money and they need help and they're trying to get their -- you know, keep their programs alive and you have to tell them no. So I want to -- on behalf of me and the other City Commissioners, I want to thank you guys for your hard work and your dedication and your commitment to help the City residents. But I also want to thank the City employees that are not here now that are probably watching it at -- hopefully not watching it, but perhaps listening to it at least in the MRC (Miami Riverside Center) building, to let them know that we greatly appreciate their hard work 'cause we know that they work countless hours to make sure that we meet all of the HUD (Department of Housing and Urban Development) requirements, andl did not want this to go unsaid, that we appreciate and value everything that you guys do. Chair Suarez: Thank you, Commissioner. Commissioner Gort: Here, here. And it's not an easy job. Chair Suarez: Mr. Manager. Mr. Martinez: I just want to say that we'll come back and the signatures will be on there, and we'll have a recommendation of how the entire amount, the 362, 000, will be distributed with, you know, making -- Chair Suarez: Thank you. Mr. Martinez: -- the rounds to each Commissioner. And to also say that I don't think -- I don't speak for the Mayor because I think he gave me this feeling that could say this, that he's not really concerned about the name, as long as the money goes in the right areas and we do work as City of Miami Page 59 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 a city, and he -- I don't think he's -- I think he's okay with calling it the City's initiative. Chair Suarez: Thank you. Commissioner Carollo: And by the way, Mr. Manager, I'm glad you're saying that because you know what, that is the spirit of teamwork. That is the spirit of teamwork because the truth of the matter is the Mayor worked on this, this Commission has worked on this, and this is what working together is, and that's why, you know, I really do believe in that name. Because realistically, all -- it's not to your district, your district; it's citywide, you know, and we all should be working as a team. And that's why I thought the name should be, you know, the Citywide Poverty Initiative. So I'm glad the Mayor has related that message. And again, you know, always the emphasis on working for the residents and working as a team. Thank you. Chair Suarez: Thank you. Mr. Martinez: Andl also want to thank our team, George. He does a great job on this. He has a much in depth understanding of all of this than I do andl rely on his judgment in making the rounds and making the right recommendations for us andl want to thank the team. Chair Suarez: Thank you. Mr. Martinez: This is very -- it's a very tough job -- Commissioner Spence -Jones: Yes. Mr. Martinez: -- to work with cuts from Washington and further cuts in their budget because it's a percentage of the total budget and he does a lot with less, and you get to a point where you're going to do less with less, I know that. Commissioner Spence -Jones: We appreciate you, George. Chair Suarez: PH.7. Ms. Thompson: No sir. I'm sorry. Chair Suarez: Yes. Ms. Thompson: I need my vote, please. Chair Suarez: There's no vote that needs to be taken. Commissioner Spence -Jones: We just -- Chair Suarez: We had a vote on a deferral -- Ms. Thompson: Yes, yes, yes. I'm sorry. Commissioner Gort: The new motion. Chair Suarez: Oh, on your reso? I'm sorry. Ms. Thompson: No, no. He made a motion making -- Chair Suarez: That's right. City of Miami Page 60 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Ms. Thompson: -- sure that from -- Chair Suarez: That's right. Commissioner Spence -Jones: Second. Chair Suarez: And you did. Vice Chair Sarnofff. Whoa. Ms. Thompson: Yes. Chair Suarez: There is a motion on the floor by -- Vice Chair Sarnofff. Point of order. Chair Suarez: -- Commissioner Gort and a second -- Vice Chair Sarnofff. Can I have a point of order? Chair Suarez: Yes. Vice Chair Sarnofff. What are we voting on? Commissioner Spence -Jones: On -- Chair Suarez: We're voting -- Commissioner Spence -Jones: -- we're voting on his -- on the item to make sure that it -- Chair Suarez: Right, that the Budget director signs off on -- Commissioner Spence -Jones: -- comes back. Chair Suarez: -- all budgetary items Commissioner Spence -Jones: Yeah. Commissioner Gort: It's part of the procedures. Commissioner Spence -Jones: In other words, Danny continues to -- should sign off on every dollar item related to -- Commissioner Carollo: Whenever there's budgetary items, especially from the general fund -- I mean, that's -- the agenda item summary form. Vice Chair Sarnofff. Well, the only reason -- and I've kept my mouth shut to see if this would move any faster, just so you know. Chair Suarez: Thank you. Vice Chair Sarnofff. Doesn't help. Chair Suarez: Bless you. City of Miami Page 61 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Vice Chair Sarnofff. Okay. But took your advice andl shut up. You know, when we have -- when we do capital improvements, there's a "B" number, and any Commissioner can look up to make sure that that number indicates where the funding source is coming from. Shouldn't we have the same divisive or same basis or same procedure with regard to any budgetary item with regard to the budget? So that I ask the question to my office, where is the Mayor's Poverty Initiative in the budget? And they couldn't find it. And it's been suggested it was in transfers out or in. Commissioner Carollo: It's -- Chair Suarez: It's in NDA (Non Departmental Account). Commissioner Carollo: -- in transfers out. Vice Chair Sarnofff. Okay. Chair Suarez: Yeah. Vice Chair Sarnofff. So -- Commissioner Carollo: No, it's not in NDA. It's in transfers out. Vice Chair Sarnofff. -- transfers out, what does that mean? Commissioner Carollo: I -- Vice Chair Sarnofff. No, no, that's okay. Because you know what transfers out mean? Whatever you want it to be. Commissioner Gort: Whatever you (UNINTELLIGIBLE). Vice Chair Sarnofff. Right. Commissioner Gort: Yeah. Vice Chair Sarnofff. So -- right -- if -- I hear a lot of guys up here and girls -- ladies, excuse me -- say we're into transparency. Well -- Commissioner Carollo: Absolutely. Vice Chair Sarnofff. -- it's not really transparent to say that's a transfer out. So why don't we innumerate in our budget -- andl think there's actually an accounting term for this, and maybe the -- you know, Commissioner Carollo will help me with this. But if every line item had a number next to it, we would always be able to track that number and say -- he could say right away, you know what, your -- even though the Budget director signed off on this, I see that B33-4 is not even in our budget, so how are you allocating this, Mr. Manager? And you would say, well -- whatever you're going to say. But we would know it wasn't budgeted. And the thing that this Commission bears the brunt of is the budget. Now why do I say we bear the brunt of? Well, you know, we got plenty of union folk out there that are going to make us bear the brunt of a budget, and the Mayor's out there certainly doing what a Mayor should do, which is selling the city. But as I say, as long as we bear the brunt, give us the tools necessary so that we can always look real quickly and say there's a "B" number to this. You can hold your staff accountable because you could say Carollo is never going to allow this because there's no "B" number next to it. Now you could say putting his signature on it is sufficient, but then Danny kind of bears a lot of the brunt of that because he doesn't see the "B" number next to it. So what I'm suggesting City of Miami Page 62 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 is instead of sort of crafting something real quick up here right now, in our budget should be -- everything should be spelled out in terms of pots of money, and every category should have a number next to it so that any Commissioner can cross-reference and see what that Budget director signature indicates, and part of what the indication should be, Danny, is that the "B" number, I've checked it, it's accurate, and it's actually been budgeted for. And there's nothing wrong with coming before this Commission and saying I'm making a mid -year adjustment. I think this is such an important program that -- there is no `B" number, Commissioner, but anticipate savings through this program right here. Mr. Alfonso: Commissioners, ifI may answer, there's sort of is a way to track that, ifI may add. When an item comes through our office that is allocated through general fund, that item bears the org. code and the object code where the funds are coming from. So in a sense, this item would have had -- Vice Chair Sarnoff But -- Mr. Alfonso: -- all of the designation of where in the budget it is. Vice Chair Sarnoff -- let's say I was a crafty good Commissioner. I'm not sayingl am, but let's say I was. And let's say I like to come up here every Commission meeting with my budget, like Carollo probably could do, andl could always have in a glossary the "B" numbers listed so that you could index it andl could say what `B" number is this. Well, Commissioner, it's B763. Wait a minute, Danny. B763 says this is the Mayor's deep dredge project. We're not talking about the Mayor's deep dredge project, and I'm making that up, of course. Mr. Alfonso: Understood. Vice Chair Sarnoff There is no such thing. Why not do it so that everybody can verify what everybody has to say. Your name being there is good, it's comfortable, but you may not always be here. Mr. Alfonso: The comments are taken. We'll see how technologically and process wise we can try to improve the way we allocate the funds and identf ways to track those. We'll have to give that some thought, sir. Vice Chair Sarnoff I know that San Francisco, Oakland, California -- I know New York does it through a series of indexes. Mr. Alfonso: Okay. Vice Chair Sarnoff And every time they reallocate during that budget cycle, the index changes. But every Commissioner or Councilman is given a re -indexing electronically, and you can always cross-reference and track. You know, I'm not -- I apologize for being so long-winded, but we keep hearing about Oracle. So if the Oracle is so good, why doesn't the Oracle give me an index? Commissioner Gort: People got to learn to use it. Vice Chair Sarnoff You know, I can go to the matrix if you want and talk to that Oracle, but why doesn't our Oracle give us a matrix? Chair Suarez: Okay. There's a motion by Commissioner Gort and a second. All in favor, sign by saying iiye. " The Commission (Collectively): Aye. City of Miami Page 63 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Just to -- Chair Suarez: Commissioner Carollo. Commissioner Carollo: -- just for clarity, and so we can move on, real quick, the Manager said that he was okay with it. Do we now just start calling this City Poverty Initiative? We don't need a resolution, Madam City Attorney, so it's not coming back to next Commission, and it seems like the Mayor was okay with it. Can we, you know, be okay with it and start calling it that or do we need to formally do a resolution? Commissioner Spence -Jones: I thought we -- Commissioner Carollo: The Mayor actually reached out and the Manager said that he was okay. Commissioner Spence -Jones: Okay, but can we just wait -- can we just deal with this at the next meeting when he comes? Let's just deal with it when he comes. Commissioner Carollo: Right. But what I'm saying is we may not even have to address it anymore, you know. Commissioner Spence -Jones: I know, but let's just deal with it when he comes. Commissioner Carollo: Okay. Commissioner Gort: Yeah. Commissioner Spence -Jones: Let's respect him and do it when he comes, that's all. Commissioner Carollo: No. I -- Commissioner Spence -Jones: I'd rather have him get on the mike and say that. Commissioner Carollo: No, no. I understand. Commissioner Spence -Jones: Okay. Commissioner Carollo: But I trust what the Manager said, but anyways -- Commissioner Spence -Jones: I know. And I'm going to hold you to that. Chair Suarez: PH.7. Ms. Thompson: I'm sorry. Commissioner Carollo: I -- Commissioner Gort: I trust this -- Commissioner Carollo: Hold on. City of Miami Page 64 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 PH.6 11-01203 Department of Community Development Commissioner Spence -Jones: Johnny, you heard it, right? Commissioner Carollo: I heard `7 trust what the Manager said," okay. Ms. Thompson: Excuse me, Chair. Commissioner Carollo: Okay. Ms. Thompson: Before you move on -- Chair Suarez: Yes. Commissioner Spence -Jones: Yes. Ms. Thompson: -- may I make sure? On that vote, was it a unanimous 5-0? Commissioner Gort: Yes. Commissioner Carollo: It was. Chair Suarez: Yes, it was. Commissioner Spence -Jones: Yes. Commissioner Carollo: Yes. Ms. Thompson: Thank you. Chair Suarez: I apologize. It was unanimous. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY 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 Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 65 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 PH.7 12-00129 Department of Capital Improvements Program Note for the Record: Item PH. 6 was deferred to the Commission Meeting scheduled for March 8, 2012. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85(A) AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO EXCEED $53,334, TO THE GRANT AGREEMENT ("AGREEMENT") BETWEEN THE CITY AND ACTION COMMUNITY CENTER, INC., FOR PRE -ARRANGED TRANSPORTATION SERVICES FOR LOW TO MODERATE INCOME ELDERLY OR DISABLED MIAMI RESIDENTS; FURTHER AUTHORIZING A TWO (2) MONTH EXTENSION TO THE AGREEMENT FROM FEBRUARY 29, 2012 TO APRIL 30, 2012, OR UNTIL 30 DAYS AFTER A NOTICE TO PROCEED IS ISSUED FOR THE SUBSEQUENT CONTRACT, WHICHEVER OCCURS FIRST; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 12-00129 Summary Form.pdf 12-00129 Notice to the Public.pdf 12-00129 Pre-Legislations.pdf 12-00129 Pre -Legislation & Pre-Agmt.pdf 12-00129 Legislation.pdf 12-00129 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0065 Chair Suarez: PH.7, Mr. Sosa, you're recognized. Albert Sosa: Good afternoon. Albert Sosa, director of Capital Improvements. PH.7 is an item requiring a four fifth waiver and it's related to the existing On -Demand Transportation contract that we have with Accion Community Services -- Chair Suarez: Got it. Mr. Sosa: -- to provide On -Demand Transportation services. It was a no bid contract that was awarded earlier. Last Commission meeting, the Commission moved to award the competitively procured contractor, bid contract, to Transportation America, another firm. We were currently in the process of executing our contract with Transportation America. In the interim, the existing contract with Accion expires next week. And the intent of this item is to provide an extension for City ofMiami Page 66 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 two months or 30 days beyond the notice -to -proceed date of the new contract to allow for an appropriate overlap and allow for continuation of service for the patrons that use this service. I would like to also state something thatl became aware of approximately half an hour ago or 20 minutes ago. We're currently working on our transition with the existing firm, Accion, which is what we're hearing today, this extension. Approximately a half an hour ago, they related to us verbally -- again, it's verbally and not in writing -- that they were unwilling to continue working for the City and providing this service. It's new information for me, and l just wanted to share that with everybody on the record. We -- at this point I need to -- I'm hoping that we can vote affirmatively on this item and that we can discuss this with Accion Community Center to have them change their mind 'cause it's imperative that -- I believe it's their mission to serve the population that they serve and we want to hope to convince them to continue serving that population and not allow for an interruption in service. Parallel to that, we're working very aggressively with the new firm, Transportation America, to get them up and running as soon as possible. But to date, despite our continued efforts, Accion has not allowed us into their facilities and they're not allowing us access to their routes, so it's been very challenging for us to ascertain who they're serving and to communicate to those folks that they're serving about this transition. So it has been challenging and we will continue to work on this. Chair Suarez: Thank you, Mr. Sosa. This is a public hearing, PH. 7. Any member from the public wishing to speak on PH.7? Mr. Muhammad. Grady Muhammad: Good afternoon. Mr. Chairman, Commissioners, Grady Muhammad, CEO (Chief Executive Officer) ofMiami Dade First. This is a great project. I think we have to get these things done, andl think we need to bring this service on a citywide basis because we definitely have elderly and seniors in District 5 that needs transportation. But more importantly, like Commissioner Sarnoff is already saying, jobs, jobs, jobs. When we're talking capital improvement, we thought out of the box. We got a grant with them through, I think -- what is it, Department of Transportation or HUD (Department of Housing and Urban Development) ? It was a federal grant. But we have to think like we did, outside the box, to work with those agencies to be able to get some direct funding directly from the federal government so they can assist. But we also have to make sure jobs are created because Commissioner Sarnoff is always says -- like I grew up, my mom say, go to school, get education, get a job. You get a job, then you can get a wife, then you get a house, you can walk the dog, and even have children. But if you don't have the job, everything else is a pipe dream, seriously. That's what we have to do 'cause when I'm looking at Metro Express in my neighborhood on 63rd, all the work that they're doing, unfortunately I don't see nobody looking like me, not one person. And Metro Express has a lot of contracts with the City ofMiami, but they don't have -- very few people, if any, looking like me. And to digress -- Mr. Chairman, I can assure you, I ain't never going to be late again 'cause I missed the public hearing items. And to digress -- Chair Suarez: Thank you. Mr. Muhammad: -- Community Development Block Grant, we rechanged [sic] the name. The block grants -- Chair Suarez: Thank you. Mr. Muhammad: -- the grants that they'll go to develop blocks in our communities -- because if you look at District 5, you look at the last five years under the Liberty City Trust, no homes have been built, no businesses been assisted, no -- anything has happened in District 5 under the Liberty City Trust. All of the money that they had from the previous Commission meeting or previous Administration, is NI grants, Neighborhood Initiative grants. That's what the Model City Trust got. That's what Marva Wiley got. They've been living off of all the homes that we built with the money 'cause former City Manager Arriola wasn't going to give Model City Trust nothing. So all the homes we built with the money we got from the federal government, from the City ofMiami Page 67 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 state government, we built homes; never had a capacity to be able to recapture all of those dollars. Chair Suarez: Thank you, Mr. Muhammad. Mr. Muhammad: Once we did -- Can I close, sir? Chair Suarez: Yes, yes, please. Mr. Muhammad: Thank you. Chair Suarez: Quickly. Mr. Muhammad: And once we didn't have a way to capture those dollars, all of those dollars have been going on. And my real problem is all the people with the Liberty City Trust, they live in Broward. Chair Suarez: Thank you. Commissioner Gort: Mr. Chairman. Chair Suarez: Okay. Yes, Commissioner Gort -- Commissioner Gort: I want table this -- Chair Suarez: -- you're recognized. Commissioner Gort: -- until later on. Chair Suarez: I'm sorry? Commissioner Gort: I want to table this item until later on this afternoon. Chair Suarez: Sure. Commissioner Gort: Thank you. Chair Suarez: Is there any other Commissioner that objects to tabling this 'til later for in the afternoon? Madam Clerk, do you want to jump in on this? Commissioner Spence -Jones: I do have a -- Commissioner Carollo: Yeah. Commissioner Spence -Jones: -- since we have to table it anyway, I do have a quick question on something for Albert Sosa. Just so that I'm clear, the new period would be from what, March 'til when? Mr. Sosa: The new contract would begin as soon as we have it executed. Commissioner Spence -Jones: Yeah, I know. But the period that you need the extension would be from --? Mr. Sosa: It would be from next Wednesday for up to two months. City of Miami Page 68 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: Okay, 'cause we were going -- we've been going back and forth on this. So the January/February portion was already covered? Mr. Sosa: That's correct. We had a previous amendment in December -- Commissioner Spence -Jones: So -- Mr. Sosa: -- that covered those two months. Commissioner Spence -Jones: -- they were actually covered. And then I know that you -- in my briefings you talked to me about the possibility of -- because they're -- they -- Accion did have a specialized service, meaning they were -- you know, they've been doing this for a long time and a lot of the seniors are very close to them. We know that we want to have a open transport -- transparent process, in which we did and that's how we have the bid in one. But I know that you also mentioned that -- I guess Accion was -- there was a conversation around seeing if they could at least work with you or assist on certain routes for -- you know, just from a partnership standpoint with them and they were not willing or open to do that either? Mr. Sosa: Basically, what we've been trying to do for the transition period -- Commissioner Spence -Jones: Yeah. Mr. Sosa: And this is something that we began after the last Commission meeting and a decision was made to go with Transportation America. -- we reached out to Accion Community Center -- Commissioner Spence -Jones: Right. Mr. Sosa: -- and we requested several things. One of them is a current customer list of who they serve. Commissioner Spence -Jones: Right. Mr. Sosa: We have not received that yet. We continued to ask them. They have -- the latest conversation, they've promised to have that for tomorrow. We'll see if we get it. The second item that was important to us was to physically ride with them and have my project manager, who's working on the project, get to know the folks that are being served and understand -- Commissioner Spence -Jones: Right, but I -- Mr. Sosa: -- what -- Commissioner Spence -Jones: -- I know, but I thought that in my briefings -- and maybe I just misunderstood it -- I thought that you communicated that the new company was willing to work along with Accion, but Accion -- Mr. Sosa: No. That's -- Commissioner Spence -Jones: No. Mr. Sosa: -- that may have been miscommunication. Commissioner Spence -Jones: Okay. Mr. Sosa: I'm sorry. City of Miami Page 69 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: So they were not willing to partner or work together on those seniors. 'Cause I know that was one of the issues that they were -- you know, the seniors are very sensitive to -- you know, how long has Accion been with them? A long time, right? A lot of these services -- Mr. Sosa: Many years, yes. Commissioner Spence -Jones: What's many? I'm just -- Mr. Sosa: I don't know the exact number, but I can say that it's more than five. Commissioner Gort: Over 20 years. Commissioner Spence -Jones: Over 20 years? Mr. Sosa: No, more than five, at a minimum, butl don't know how far back. Commissioner Spence -Jones: Okay. I guess when we table it, you'll let me know when you come back, how many years. Mr. Sosa: Sure. Commissioner Spence -Jones: 'Cause he's saying 20 years. Mr. Sosa: It could be. That's very feasible, yes. Commissioner Spence -Jones: Okay. So I mean, I -- again, I want to make sure I'm clear. I support the process. I don't want to take anything away from it. But I do want to see if there's any way that they can work together in any way. That would be great. I hate to see that there's like a -- Mr. Sosa: Right. Commissioner Spence -Jones: -- separation. Mr. Sosa: There was a discussion in December when this -- when the protest was deferred. The discussion at that time was to allow time for the two parties to see if they could come to terms and develop some sort of partnership like that. It's my understanding of the outcome that they were not able to do that, so we had to move forward with the process and that's where we're at. Commissioner Spence -Jones: Okay. Chair Suarez: Yes. Is there anything else, Commissioner? Yeah. You want to table this? Commissioner Gort: Yeah. Chair Suarez: Okay, we're going to table this 'til later in the afternoon. Thank you. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Chair Suarez: Yes. Ms. Thompson: Just as a point of order, before you table it, do you want to go ahead and close your --? City of Miami Page 70 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Thank you. I do. Ms. Thompson: Thank you. Chair Suarez: All right, let me close the public hearing on PH.7, and we will table this 'til later. Thank you, Madam Clerk, for that reminder. [Later..] Chair Suarez: We're going to go -- Calvin Ellis (Director, Risk Management): Thank you. Chair Suarez: -- to PH.7 and then we're going to open up the public -- the Planning & Zoning. Commissioner Spence -Jones: PH.7. Chair Suarez: That was a tabled item, Commissioner. We had tabled it from earlier today. Mr. Sosa: Albert Sosa, director of Capital Improvements. PH.7 was previously tabled. It's my understanding with some discussions I had in the interim of time that the existing vendor, Accion Community Center, is now willing to accept the 60-day extension. Chair Suarez: Fantastic. Mr. Sosa: So I believe it's in everybody's best interest that we move forward with approval on this item -- Chair Suarez: Great. Mr. Sosa: -- to allow for the transition. Chair Suarez: Is there a motion? Vice Chair Sarnofff. So moved. Commissioner Gort: Move it. Chair Suarez: Moved by -- Commissioner Spence -Jones: Second. Chair Suarez: -- Commissioner Sarnoff, second by Commissioner Gort. Any further discussion? Hearing none, all in favor, signify -- Commissioner Gort: No wait. Chair Suarez: -- by say saying "aye. Commissioner Gort: Hold on, hold on. Chair Suarez: Oh, sorry. My apologies. Commissioner Gort: Discussion. Excuse me. City of Miami Page 71 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Yes. Commissioner Gort, you're recognized. I apologize for that. Commissioner Gort: There's several history that I'd like to bring up, which I think is very important. The -- I remember when they were in front of us, the Administration was saying that transportation is transporting in trucks or trains, whatever, it's part of transportation . It's been a long time, but my major's in transportation. My understanding is when you load a truck, you have to do an analysis, you have to look at the cargo, you got to make sure where you place your cargo so your truck will not turn over, and this happens with all ships and all other things, so there's different type of transportations. And the reason I'm bringing this up -- and just for -- I'm not going to make any motions to -- not to approve this or anything like that. But I think it's important to know that right now Southwest Social Services, Little Havana Activity and Nutrition Center, they have their own transportation and they provide transportation particular to their clients and that's all they do, is provide transportation to their client. Accion, (UNINTELLIGIBLE) was created, my understanding, in 1976 for the reason that at that time, none of those places had transportation so they began with the idea of providing transportation, so they've been riding [sic] transportation for a long time. Matter of fact, their truck was given to them by the state under the federal government, the one that give them 80 percent of their funding to buy their buses, and 20 percent was by the City. Allapattah Community Center -- Community Action received transportation from Accion. Carol Manor Apartments received transportation from Accion. De Hostos Senior Center receives transportation from Accion. And what I want to make sure -- because when we find out -- when I first came in here, I was told that somehow Accion used to get fundingfrom CDBG (Community Development Block Grant). No longer was receiving funding. I don't know why, but the people in my district and these three centers were not going to receive the transportation at that time. We started looking into different ways how it can be funded. I know the City helped out a little bit, andl thank all of you for doing so. But we went to the state and we look at the state -- the funding that we needed people to receive transportation went to transportation tax money. My understanding, in order to get that, we had to go through the state, get a permit from the state. We had to go to the County and get a permit the County to be able to use these fund for this facility, transporting the senior citizens. Although the Administration was not too much in favor of it, we went, we talked to the state, we talked to the County, and it was approved. Now what happens is the bid went out and a transportation company that has multinational, which is fine. I think they're a very good company and they're going to provide services. But I want to make sure a contract's got to come in front of us. I want to make sure that that contract has in place the services they have to provide for the clients of these three centers: Allapattah Community Action, Carol Manors Apartment and De Hostos Senior Center. 'Cause I want to make sure it's not just another transportation -- like you all talked about transportation being just transporting people in the County all over the place. This is a specific use for this transportation. So I want to make sure -- and the contract's got to come back to us, am I correct? Mr. Sosa: The contract was approved last meeting. I forget the RE (Resolution). It was heard immediately after the protest. Commissioner Gort: For one year. The contract's already established. Mr. Sosa: Correct. Commissioner Gort: Who's going to supervise their performance? Mr. Sosa: It's my staff. Commissioner Gort: Your staff. Andl want to make sure -- 'cause you all worried that you had the approval of the attorneys, the approval of the Administration, and everybody was going to -- we make commitment to our people that they going to receive the same services, so I want to make sure they do receive the same services at no additional cost. City of Miami Page 72 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mr. Sosa: That's correct. Commissioner Gort: 'Cause right now Accion, we're losing additional funds that were coming to them. Our funding was just a matching fund for the rest of the funding. So I want to make sure that whoever's -- this new firm that's going to provide the services, provide the service that I'm requesting; at the same time, at the price that Accion was doing it, not above that because somehow you mentioned that if "X" amount trips, if it goes beyond, they'll pay more. I just want to make sure they stay within the scope of the service. Okay. Mr. Sosa: I understand. Commissioner Gort: Thank you. That's it. Chair Suarez: Thank you, Commissioner. Commissioner Gort: That's all want to say. Chair Suarez: And my only concern is -- I'm in favor of this extension -- that there have been some indications that the current provider is not cooperative with the Administration, and it's just a concern that I have. I got a call from someone who was very upset because they were told that they were not going to be receiving anymore services, that the services had been discontinued so, you know, that, to me, is a major, major concern. I think to make this transition as smoothly as possible, there has to be cooperation. Andl would ask you, Mr. Sosa -- Director Sosa, that if you find any resistance whatsoever, if you -- if there's any lack of cooperation, to please bring it to the board immediately because this is a critical service for our City and we cannot afford not to have a smooth transition. Commissioner Gort: Mr. Chairman, may I? Chair Suarez: Yes, of course. Commissioner Gort: I spoke to the executive director when I was informed by Mr. Sosa of the decision andl talked to her andl assure you -- you know, in life it's not what you say or how you say it. This is someone that in the private sector, you lose a contract and you come over here and you say, look, you lost a contract. But the new guy with the new contract, you're going to train him and you're going to tell him how to do the job. In private sector, they tell, hey, goodbye. This is an agency where the executive director has been providing services for 38 years with no complaint, no complaint. There's no record of any complaint. Then you have somebody from staff going over and says, hey, I got to come onto your bus and you got to show me everything. They're willing to give all the documentation, they're willing to give the list, and they're willing to give all the information. Chair Suarez: Good. Commissioner Gort: Okay. Chair Suarez: And that's what I'm hoping for because, like you said, andl agree with you wholeheartedly, this is a critical service. And what I'm concerned about is -- and by the way, this has happened throughout this whole process. This process has been dragged out for a year and a half. There have been many, many times where the clients -- and I'm not going to accuse anyone specifically -- have been misinformed about what's going to happen. And got a call today -- my chief of staff informed me we got a call today from someone who was irate because they were told that the transportation services had been discontinued and that their mother was not going to be picked up tomorrow by -- and that's just inaccurate, and we can't have that City of Miami Page 73 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 because at the end of the day, this is about the residents of our city. Is there a motion? Commissioner Gort: I made the motion. Chair Suarez: Okay. And there's -- Ms. Thompson: You already have your motion and your second. We just need a vote. Chair Suarez: Okay, we have four Commissioners if it's unanimous. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Commissioner, would you prefer to do your discussion items prior to PZ (Planning & Zoning) or would you -- you want us to go to PZ first? Whatever you prefer. Commissioner Gort: Let's do PZ. Chair Suarez: PZ? Okay, let's switch over to P -- Commissioner Gort: Take five. Chair Suarez: Do I have to switch over? Commissioner Gort: Let's take five. Ms. Thompson: No. We just have to go ahead and read our order of the day and swear in our witnesses. Chair Suarez: You know what, let's take till 5: 20. It's 5:13. I'll start sharply at 5: 20 and we'll swear in our -- at that time. Thank you. PH.8 RESOLUTION 12-00194 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS Attorney (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ENABLE MIGUEL M. DE LA 0 TO ENTER INTO AN AGREEMENT TO TRANSACT BUSINESS WITH AND FOR THE CITY OF MIAMI, FOR THE PURPOSE OF PROVIDING EXPERT TESTIMONY IN THE CASE OF THE PAINTER V. CITY OF MIAMI, MIAMI-DADE CIRCUIT COURT CASE NUMBER 05-12967 CA (24). 12-00194 Memo - Office of the City Attorney. pdf 12-00194 Legislation. pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Please see Order of the Day'for minutes referencing Item PH.8. City of Miami Page 74 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 SR.1 12-00134 District 3- Commissioner Frank Carollo END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13312 Chair Suarez: SR.1. Commissioner Carollo: Mr. Chairman, SR.1 is an item that I'm bringing for second reading. However, I wanted to show a couple of pictures, and I'm hoping my staff can come out here quick -she is not--. Chair Suarez: If you want, we can do SR.2? Commissioner Carollo: You know what, yeah. Can you move on to SR.2 -- Chair Suarez: Okay. Commissioner Carollo: -- and let me see ifI can get them out here. Chair Suarez: No problem. Commissioner Carollo: Thank you. SR.2 ORDINANCE Second Reading 12-00094 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Building 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. City of Miami Page 75 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 12-00094 Summary Form 02/23/12.pdf 12-00094 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13313 Chair Suarez: SR. 2. Mariano Fernandez (Director, Department of Building): You want to wait for Commissioner --? Chair Suarez: Yes. No, let's just get started. SR. 2. Mr. Fernandez: Okay. This is a second reading of the modifications to Chapter 10 for the way we charging the residential fees, and with the inclusion with new parameters that will freeze the way the permit fees will be charged in the future so there is -- the residents in the single-family and duplex will not suffer as the time goes on, increases in construction costs. Chair Suarez: Thank you, Mr. Fernandez. This is a second reading ordinance so it's a public -- requires a public hearing. Any member of the public wishing to speak on SR.1 -- I'm sorry, SR. 2? Seeing none, hearing none, closing the public hearing; coming back to this Commission for a motion. Vice Chair Sarnofff. Motion. Chair Suarez: Moved by Commissioner Sarnoff -- Commissioner Spence -Jones: Discussion. Chair Suarez: Do you want to second it for discussion? Commissioner Spence -Jones: I want a discussion. Chair Suarez: Before seconding it? Commissioner Spence -Jones: Before seconding it. Chair Suarez: Discussion. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: But this is actually -- is -- I want -- Chair Suarez: No, this is SR.2. This is not SR.1. Mr. Fernandez: This is the fee. Chair Suarez: I'm sorry. Yeah. Commissioner Spence -Jones: Okay. Yeah, you jumped. I was -- Chair Suarez: Yeah, we waited because he needed to do the pictures, so we just -- Commissioner Spence -Jones: Okay. City of Miami Page 76 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: -- went to SR.2. Commissioner Spence -Jones: Let me just wait on this item, too. Can I just wait on this item as well? Chair Suarez: Sure. Commissioner Spence -Jones: Okay. [Later..] Chair Suarez: SR. 2. Mr. Fernandez, step into the ring. Mr. Fernandez: Yes. Mariano Fernandez, Building director. Chair Suarez: Yes. Okay. Mr. Fernandez: This is the -- Chair Suarez: Did we -- Mr. Fernandez: -- (UNINTET,TIGIBT,F) for the residential fee. Chair Suarez: -- finally open up a public hearing on SR.2? Ms. Thompson: Okay, what we did, Chair -- Chair Suarez: Yes. Ms. Thompson: -- on SR.2, we opened and we closed -- Chair Suarez: That's right. Ms. Thompson: -- the public meeting. And subsequent to the closing, you did have a mover, which was Vice Chair Sarnoff. You did not have a seconder. Chair Suarez: And we have a seconder now, Commissioner Gort. Ms. Thompson: Thank you. Chair Suarez: Coming back to this Commission. I just want to -- before reading it, I just want to put a couple things very, very clearly on the record. Mr. Fernandez, you andl have had very extensive discussions on this item, correct or incorrect? Mr. Fernandez: Yes. Chair Suarez: Now I'm going to lead you as -- Mr. Fernandez: Yes, Mr. Chairman. Chair Suarez: Okay. And in our discussions I told you that the only way that I would support this item is under one condition. Is that correct or incorrect? Mr. Fernandez: That is correct, Mr. Chairman. City of Miami Page 77 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: And that condition was that this was not a fee increase. Is that correct or not incorrect? Mr. Fernandez: That's correct. Chair Suarez: Okay. Can you explain to the board and to the Administration and to the public why this is not a fee increase? Mr. Fernandez: Well, let me correct the record. To begin with, this is a decrease in fees. Chair Suarez: Thank you. Mr. Fernandez: What you requested in the last meeting was in addition to be a decrease, freeze the fees for residential, so we don't have in the future an increase in any way, shape, or form built in. As construction cost increases over the years, the residents will not have any negative impact because they're going to need to pay more. So I came back to you with a solution, which is the standard in construction in the United States is the Engineering News Record index. It will use the January index every year. And we built in in our formulas the algorithm and we already did it with the IT (Information Technology) personnel help. Every January automatically the system will take in consideration the increase in the construction cost nationwide and give a credit to the building permit for the residentials so they will have to pay exactly like in January of this year 2012, regardless of what year in the future you pull a building permit. Chair Suarez: Okay. My question is where in the ordinance does it say that? Mr. Fernandez: In the ordinances? Chair Suarez: Yes. Mr. Fernandez: It's in Paragraph F that we added to the existing ordinance as it was originally presented in the first reading. Chair Suarez: Okay. What it says here -- and l just -- 'cause I want to create -- correct something slightly of what you said and that's why it's important to me because it -- my vote hinges on it. It says here the Building Department will modnY the permit fee calculation using Engineering News Record building costing index, right? Mr. Fernandez: Correct. Chair Suarez: Right. But it doesn't limit it to residential properties. It's all permits fees. Mr. Fernandez: No. The way the ordinance is it's only for the residential portion of the Chapter 10. The commercial has been already passed and is already modified last -- it was modified last year. Chair Suarez: Okay, but that's -- we're not -- that's not what we're dealing with here is what I'm trying to say. Mr. Fernandez: It says background information for all residential properties, in the agenda summary form. Chair Suarez: I'm not sure if you understand what I'm trying to get at. What I'm trying to get at is in our conversations, the -- I told you that you would have my support if this was not a fee increase. You said, Commissioner, we have worked hard to make sure that it's not a fee increase City of Miami Page 78 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 because there's an index and it's going to be indexed every year and every year the percentages -- because you had to go to a percentage versus a fee -- will be either reduced or increased to compensate for the changes in prices. Mr. Fernandez: No. The increase has nothing to do with the ENR (Engineering News record) record. The ENR, what it shows you and the residents of the City ofMiami is from now on the fees that we approving today will not increase with time. So even if the construction costs next year increases, which is -- Chair Suarez: Right. That's the correct -- Mr. Fernandez: -- logical thing -- Chair Suarez: That's what I just said. Mr. Fernandez: -- to assume, the fee that you have to pay, it still will be at the same level of January of this year. Chair Suarez: And that's what I just said. But my concern is that you now have introduced, in my opinion -- and I'm sorry that don't remember you ever saying this new variable, which is that this is just limited to residential properties. Mr. Fernandez: It has been always residential, Commissioner -- Mr. Chairman. IfI didn't come across clearly, this is only the residential portion of Chapter 10 -- Chair Suarez: Okay, that we're dealing with now. Mr. Fernandez: -- because the commercial was already approved. Chair Suarez: Okay. So come -- this is not -- this has nothing to do with the commercial, so -- Mr. Fernandez: At all. Chair Suarez: Okay, perfect. That's it. I'm good. Johnny Martinez (City Manager): I have one question. Chair Suarez: Yes. Mr. Martinez: If the index goes down -- the construction cost goes down, will the fee stay the same or will that go down? Mr. Fernandez: It will only apply if the fees goes up. Mr. Martinez: Okay. Mr. Fernandez: It automatically will receive a discount. If the fees -- the index goes down, which I never saw it -- will remain at the same level. Mr. Martinez: Okay. Chair Suarez: Thank you. Madam City Attorney, this is an ordinance. Julie O. Bru (City Attorney): Okay. And by the way, Mr. Chair, we will look at this carefully to make sure that, from a drafting perspective, the point that you raised is addressed. City ofMiami Page 79 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Thank you. Ms. Bru: Okay. Chair Suarez: I appreciate that. Ms. Bru: And we will -- if it needs to be clamed, we will consider that to have been just a, you know, draft thing and not substantial, to make it clear -- Chair Suarez: That's fine. Ms. Bru: -- that it's only applicable to the residential. Mr. Fernandez: That's correct. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff. Yes. Ms. Thompson: Chair Suarez? Chair Suarez: Yes, because it's a fee decrease. Ms. Thompson: The ordinance -- Mr. Fernandez: Decrease. Ms. Thompson: -- has been adopted on second reading, 4-0. Chair Suarez: Thank you. Mr. Fernandez: Thank you, Mr. Chairman. Chair Suarez: Thank you. Good job by the way. You worked very hard on this. Thank you for all your help. SR.3 ORDINANCE Second Reading 11-00765 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Planning 2, ENTITLED "ADMINISTRATION," AND CHAPTER 62, ENTITLED "ZONING AND PLANNING," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY DELETING LANGUAGE IN CHAPTER 2 AND ADDING AND UPDATING LANGUAGE IN CHAPTER 62, WHICH LANGUAGE RELATES TO FEES AND PROCEDURAL CHANGES; City of Miami Page 80 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00765 Summary Form 02/23/12.pdf 11-00765 Legislation (Version 3).pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Noes: 2 - Commissioner(s) Carollo and Suarez 13311 Chair Suarez: So we're going to go to SR.3 then. Commissioner Spence -Jones: Okay, that's fine. Chair Suarez: Okay, SR.3. Commissioner Spence -Jones: Okay. Francisco Garcia: Mr. Chair, Commissioners. Francisco Garcia, Planning & Zoning director. SR. 3 is a proposed amendment to the City code, before you on second reading this time around, and it attempts to do a number of things and I'll read you very quickly the list. I'm certainly prepared to make an in depth presentation, should you wish so. But for purposes of expediting this, I'll read through the quick list of what is intended to be accomplished. The amendment to Section 62.8 seeks to amend the procedures to revise the Comprehensive Plan, and in this regard we're simply realigning our City code with existing or, rather, recently changed state mandate. Section 62.9 seeks to amend the periodic review of the adopted Comprehensive Plan, once again, to bring it into compliance with recent legislation passed in Tallahassee. Section 62.12, which I anticipate you may have more questions about, and I'm prepared to answer those of course, as needed, seeks to adjust the fees for Planning & Zoning permits and review procedures. Section 62.17 seeks to modifi, the proceedings of the PZAB (Planning, Zoning and Appeals Board) to establish a super majority, andl can go into further depth as to what that entails, and lastly, Section 62.19 is an amendment to the provisions for public notice, once again, to realign the City code with provisions already existing in the zoning ordinance Miami 21. That is a brief summary of what this amendment is purports to do. I'm happy to answer any questions you may have. Chair Suarez: Thank you, Mr. Garcia. This is a public hearing item as well. Any member from the public wishing to wish on -- wishing to speak on SR.3? Hearing none, seeing none, coming back -- closing the public hearing, coming back to the Commission. Is there motion on SR.3? Vice Chair Sarnofff. Moved for discussion. Chair Suarez: It's been -- Commissioner Spence -Jones: Second. Chair Suarez: -- moved for discussion by Commissioner Sarnoff, second by Commissioner Spence -Jones. Commissioner Sarnoff, you're -- Vice Chairman Sarnoff, you're recognized for the record. Vice Chair Sarnofff. Mr. Garcia, the services being provided that are in this schedule of fees are actually being provided right now, correct? Mr. Garcia: That is correct, sir. City of Miami Page 81 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Vice Chair Sarnofff. And they are being subsidized, so to speak, by the taxpayers themselves that don't even use these services, correct? Mr. Garcia: The reason I've made the oral presentation to you and to other Commissioners as well, sir, is because although there are fees presently associated with each of these review permits, those fees do not come close to covering the personnel expenses, the operational expenses that the City incurs by way of providing these services to the development community. Vice Chair Sarnofff. So my statement a moment ago that these services are being provided now but on the residents -- on the backs of the residents ofMiami that are not -- that are already here and are not enjoying it and these development services, they're paying for the developers to continue to develops the City ofMiami? Mr. Garcia: That is correct. Vice Chair Sarnofff. So -- Mr. Garcia: Yes. Vice Chair Sarnofff. -- let me lead you. We'll get there. So it would be fair to say that what we're doing is we're taking the obligation off the taxpayers, putting it on development community is more of pay -- as more a user/pay fee situation? Mr. Garcia: Once again, Commissioner, that is correct. To a greater extent than that which takes place today, still not recouping wholly the expenses incurred by the City. Vice Chair Sarnofff. So the taxpayers are still themselves bearing some of the burdens attendant to what developers are -- the fees -- I'm sorry -- the services the developers are actually enjoying and using in the City ofMiami? Mr. Garcia: Yes, sir. Vice Chair Sarnofff. Could we get to a point where the taxpayers are not subsidizing developers? Mr. Garcia: Well, possibly one could. What we've tried to do in addition -- andl wanted to also present this to the board of Commissioners -- we are also trying to assess our fees at levels that are commensurate to those of other municipalities because what we certainly don't want to do is to have this fee schedule be a discouragement to the development community to come to the City ofMiami and provide their development services. Vice Chair Sarnofff. And have you conducted that analysis? Mr. Garcia: Yes, sir, we have? Vice Chair Sarnofff. And in that analysis, what would our fees be in comparison to cities at such stature as Hialeah, Miami Beach, Coral Gables and, let's say, Tampa, Florida? Mr. Garcia: We are consistently at par or below those other municipalities, and we've actually undertaken that study with Miami -Dade County, the City of Coral Gables, the City ofAventura, the City of Coral Springs, and the City of Miami Springs. Vice Chair Sarnofff. Okay. Thank you, Mr. Chair. Chair Suarez: Thank you, Mr. Vice Chair. Commissioner Spence -Jones, you have anything on City ofMiami Page 82 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 this? Commissioner Spence -Jones: I have (UNINTELLIGIBLE). I know this is one of the issues that -- for me, the biggest issues is additional revenue. I've supported you from day one on this issue. Mr. Garcia: Yes, ma'am. Commissioner Spence -Jones: And any way that we can see that we're reducing your budget in any way, I'm open and game for it. So you had a motion andl believe we had a second on it. Chair Suarez: There's a motion and a second. I just want to say that I can get into a long-winded philosophical discussion about my position on this issue, but I'm not going to. I'm going to spare you all. I've done it in my briefings and I've done it other times throughout the two years that I've been here, so I'm just going to vote my conscience and leave it at that. All in favor, signifi, by saying iiye. " Priscilla A. Thompson (City Clerk): Ordinance. Vice Chair Sarnoff Aye. Commissioner Spence -Jones: Aye. Chair Suarez: No. Commissioner Spence -Jones: No. Ms. Thompson: Excuse me, Chair. Excuse me, Chair, excuse me. It is an ordinance. Vice Chair Sarnoff Oh. Chair Suarez: I'm sorry. Commissioner Spence -Jones: Oh, okay. Chair Suarez: It's an ordinance. Please read it, Madam Attorney. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Before we continue, I see that Commissioner Carollo is back on the dais. Is it your intent to vote on this? Commissioner Carollo: Yes. I'm familiar with the issue. Ms. Thompson: Thank you. Commissioner -- Commissioner Carollo: No. Hold on. Yes, I'm ready to vote. I have not stated my vote yet. So the answer is yes, I can vote on -- I will vote on this. Ms. Thompson: Thank you. Moving along with your roll call, Commissioner Carollo? Commissioner Carollo: No. City of Miami Page 83 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Ms. Thompson: Commissioner Michelle Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sarnoff? Vice Chair Sarnoff Yes. Ms. Thompson: Chair Suarez? Chair Suarez: No. Ms. Thompson: The -- I'm sorry -- ordinance has been adopted on second reading, 3-2. Mr. Garcia: Thank you. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 12-00072 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 29/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES," BY ASSIGNING ADMINISTRATIVE RESPONSIBILITIES FOR SAID ARTICLE TO THE CITY OF MIAMI BUILDING DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00072 Summary Form SR.pdf 12-00072 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: FR.1. Let the fun continue. Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works director. FR.1 is an ordinance to amend Chapter 29 of the City code, entitled `Landfills and Waterfront Improvements." The main objective of this ordinance revision is to streamline language and clam jurisdictional powers and the process improvements, pursuant to recent revisions of the Florida Building Code. What happen in the past was that the previous South Florida Building Code, which is no longer active or in existence, had delegated certain responsibilities to Public Works Department. That language no longer exists. And in so doing, it is actually prudent that the new requirements of the Building Code that delegates all powers of private property developments, especially pertains to waterfront improvements, is duly vested with the Building official. What this ordinance does is to make sure that those powers, as reflected in the Florida Building Code that stripes [sic] all responsibilities from Public Works and transfers and vest it to the Building official, is clearly reflected in the City code. By so doing, Mr. Mariano Fernandez will take over those responsibilities for permitting, inspections and control, including TCUs City of Miami Page 84 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 FR.2 (Temporary Certificates of Use) for every waterfront improvement on private property. Chair Suarez: Thank you, Mr. Ihekwaba. This is an ordinance requiring a public hearing. Any member of the public wishing to discuss FR.1? See someone approaching. Horacio Stuart Aguirre: Thank you, Mr. Chairman, Vice Chairman Sarnoff. Horacio Stuart Aguirre, here before you as chairman of the Miami River Commission, offices at 1407 Northwest 7th Street. My only question on behalf of the Miami River Commission is a clarification or a certification that this is, in no way, other than a transfer of vigilance authority, that this is, in no way, an increase in requirements or demands on property owners, andl don't know that. We've not had the opportunity to review this item before the Miami River Commission, so if that could be clarified, I would be grateful, sir. Chair Suarez: Mr. Ihekwaba. Mr. Ihekwaba: Yes. Thank you, Mr. Horacio. Yes, clearly, the ordinance change and revision is simply to strike -- whatever the words Public Works has written is stricken and replaced with Building Departments, and also to delete certain spurious and outdated references to jurisdictions, such as, it mentions the South Florida Building Code. South Florida Building Code is no longer in existence, so it's reflected with the proper reference of the Florida Building Code. Chair Suarez: Thank you. Any other member from the public wishing to --? Julie O. Bru (City Attorney): Mr. Chair, just point of clarification. This is just clarification. I know this is a technical ordinance, but in Subsection H of the ordinance, it talks about caps and it's -- there's a modification where now it says that before the cap "may be" a rolled section or reinforced concrete, now it's going to be the cap "shall be" reinforced concrete. So it's going from something that may to something that shall. And it's a technical issue; I defer to you, Mr. Public Works Director, just to make sure that this is now a new substantive requirement of construction. Mr. Ihekwaba: Yes. The reference properly articulates what the industry usually requires for waterfront improvement to be concrete caps. Chair Suarez: Thank you. Any other member from the public wishing to discuss FR.1 ? Hearing none, seeing none, the public hearing is closed; coming back to this Commission. Is there a motion? Commissioner Carollo: So moved. Chair Suarez: Moved by Commissioner Carollo -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. This is an ordinance. The ordinance was read by title into the public record by the City Attorney. 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 -- I'm sorry, 5-0. ORDINANCE First Reading City of Miami Page 85 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 12-00153 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES", MORE PARTICULARLY BY AMENDING SECTION 10-63 ENTITLED "RESPONSIBILITIES OF OWNERS OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES", TO ADD METALLIC COVERINGS TO THE LIST OF MATERIALS USED TO SECURE BLIGHTED, UNSECURED OR ABANDONED STRUCTURES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00153 Summary Form SR.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-10.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-11.pdf 12-00153 Legislation (Version 2).pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Chair Suarez: FR.2. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Good afternoon. Alice Bravo, Assistant City Manager. FR.2 proposes an amendment to an ordinance, Chapter 10, allowing for the use of metallic structures as an additional covering for windows. And basically, at previous Commission meetings twice the idea was proposed that there's additional products beyond plywood for covering windows that in certain cases, we have properties that are repeatedly broken into and this repeated break-in presents a problem for our -- both Fire and Police that are required to respond to these incidents. So we did research the matter and found that in a two-year period, there were 14 properties that suffered from repeat break-ins for narcotic use, vandalism, prostitution, et cetera. So basically, our amendment to Chapter 10 would allow for an additional approved product, in addition to plywood a metallic covering that would be better secured. And in this case, a property that's broken into repeatedly, the City would have the option of requiring the property owner to secure their home in this fashion or therefore implement it ourselves. Chair Suarez: Thank you. And Ms. Bravo, this -- and this is one that kind of spearheaded. You know, this -- if the property owner currently secures it and they can't secure -- could demonstrate that they can secure with plywood, we allow them to do that, correct? Ms. Bravo: Correct. Chair Suarez: This is just if there's a demonstration of a history where they're not able to do this, then we're going to require this more beefed up kind of security system. Ms. Bravo: Right, something that represents a continuous concern. Chair Suarez: Andl think it's important -- Commissioner Spence -Jones's concern on the other item is similar here. This is the same kind of issue, which is that we do need a special revenue account because, you know, if the City's going to undertake this, there should -- this does have a cost. It's going to have a cost of installation. There's a cost of maintenance. There's a cost of removal. There's costs all over the place. So the fact of the matter is we do need to -- and I've said it from day one, before you even came back, Commissioner, that this Commission -- I know City ofMiami Page 86 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 this Commission will not feel comfortable doing things -- unfunded mandates, I call them -- without, you know, a proven track record of our ability to fund these things. So I'm very understanding of your concerns and, hopefully, I won't have to repeat the whole debate again. Commissioner Spence -Jones: No, no. I just have one thought, Mr. Chairman, but I don't know if somebody else does. Does anybody have any other issues on this? Commissioner Carollo: We yield to you. Commissioner Spence -Jones: I definitely -- we dealt with the issue of the funding source. I'm assuming when it comes back, we'll address it. The biggest concern I had, however, is you know, again, a lot of this stuff is depending on -- the boarding up that we do right now is -- HUD (Department of Housing and Urban Development) is handling it. I just want Alice to put on the record that HUD will not cover the costs of any metal structures, correct? Ms. Bravo: Correct. Commissioner Spence -Jones: So that everybody knows -- usually, when we board up properties, which we have boarded them up, you know, we're able to just paying for them right now with HUD. The second part that I had a concern on -- and this is just a first reading so, hopefully, we could revolve it by the second reading -- is I'm very concerned with not being able to understand when you say metal, what does that mean? Metal, in my district, is a very valuable commodity, like copper. And to put metal up on any abandoned structures in my house -- I mean, in my district, is like asking for a party. So in other words, they would be happy for metal to go up so Chair Suarez: Can I address that real quick, on that? Commissioner Spence -Jones: -- what I'm saying is, I know that there's different types of metal andl don't think this ordinance really spells out what type of metal, andl would like to at least be clear of what that is by the next ordinance. And I'm saying this to say the ones thatl do know of okay, which is something we worked on about four -- three or four years ago -- one of the companies I know that does it is called VPS or something to that effect -- those are the heavy-duty kind of metal -- Ms. Bravo: Coverings. Commissioner Spence -Jones: -- coverings. Chair Suarez: Coverings. Commissioner Spence -Jones: They're very expensive. So for, you know, commercial properties or people that may have the resources to do that, that might be an answer, but for individuals that can't -- and the City definitely can't cover the costs of them 'cause in the beginning, we were looking at trying to go to that method and that route before and it was just too expensive and costly. So I would just like, Mr. Chairman -- andl support your item 'cause I understand what -- the heart of what you're trying to do. I just want to make sure that we spell it out so, hopefully, by the next agenda, we can really identify what those coverings are and hopefully the assessments, or whatever it is, means that we're going to collect funds, we know that's the only way we'll be able to put them up because we've already collected revenue to do so. Ms. Bravo: Correct. Chair Suarez: Andl think the -- your comments and your concerns are well founded, andl think that's why I keep reiterating and agreeing with you -- City of Miami Page 87 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: Yeah. Chair Suarez: -- that we do need to set up the special revenue account because what happens is -- one of the weirdest things about government is the segregation of money and the restrictions on where you can spend money on. You can do it to board up the house, but it's got to be wood. It can't, you know -- you can fill the hole but you can't sod it, you know. Commissioner Spence -Jones: Yeah. Chair Suarez: So we need a fund that is going to be replenished and that is being filled -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- for lack of a better word, with funds from the collection of these special assessments, so I think you're right on target. Andl think once we establish that and once we start to see the kind of money that's going to go into that account, I think we'll -- we will be less concerned -- Commissioner Spence -Jones: Yes. Chair Suarez: -- about the cost of some of these things because we'll see that we have the money to do it. Commissioner Spence -Jones: Yeah. And just -- and please make sure you add on to the fact that -- the metal part of it because we have -- we don't want people putting metal -- any kind of metal strips up that -- metallic strips. This is not clear enough for me. You know, this -- like I said, it becomes a valuable commodity in my district. Chair Suarez: Okay. Commissioner Spence -Jones: So if we can -- not just my district; Allapattah too. Commissioner Gort: Everybody's district. Commissioner Spence -Jones: I know yours too. So if we can look at at least further design -- defining it before the next Commission meeting. Chair Suarez: Thank you. This is a first reading requiring a public hearing. Any member from the public wishing to discuss FR.2? Hearing none, seeing none, the public hearing is closed; coming back to this Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. Any further discussion? Hearing none, this is an ordinance. The Ordinance was read by title into the public record by the City Attorney. 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. City of Miami Page 88 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 FR.3 ORDINANCE First Reading 12-00156 Department of Solid AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 22 OF Waste THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING SECTIONS 22-1, 22-47 AND 22-50 TO ADD DEFINITIONS, ADD A MINIMUM PERIOD OF DURATION FOR PERFORMANCE BONDS, PROVIDE FOR ENHANCED MANAGEMENT, AND PRORATE THE EXISTING PERMIT PER ACCOUNT FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00156 Summary Form SR.pdf 12-00156 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Chair Suarez: FR.3. Vice Chair Sarnofff. FR.3. Keith Carswell (Director, Solid Waste): Good afternoon, Commissioners. FR.3 is actually part of an item that was presented about a month ago where we -- the Commission directed the staff to split it up into three. FR (First Reading) -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. May I ask for identification? Vice Chair Sarnofff. Can you state your name for the record and title. Mr. Carswell: Keith Carswell, director of Department of Solid Waste. FR.3 is primarily involved with helping with oversight and management of our commercial franchise operation. It provides various definitions as it relates to claming what a franchise agreement is, what's inclusive of franchise fees and also, it provides for a minimum period of duration for performance bonds. At the term of each contract -- currently the performance bond or cash bond that's used for any deficiencies where we uncover that the franchisees have outstanding monies, right now when the term of the contract ends, the performance bonds ends. So in this case what we're doing is we're extending the expiration of the performance bond or cash bond six months past the term of the contract or any extensions thereof. Also, what we include for clarification are our temporary roll -off fees. Last year we reinstituted the collection of the fees for the temporary roll offs. It generated $168, 000 in revenue to the City. Year-to-date we're at 74,925 in those fees and we're close to about 300, 000 for the year, for this current fiscal year. So I would ask that you approve the amendments as noted. Vice Chair Sarnofff. All right, is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Vice Chair Sarnofff. Motion by Commissioner Gort, second by Commissioner Spence -Jones. This is a public hearing. Anybody wishing to speak on FR.3, an ordinance regarding Solid Waste? Public hearing is open. No one wishing to speak; public hearing is now closed. Madam City of Miami Page 89 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 City Attorney -- anyone wishes to speak on this from the Commission? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: I see that our Chair is back. Are you going to be participating, sir, on this vote? Chair Suarez: This is FR. 3? Ms. Thompson: Correct. Chair Suarez: You know what, I'll wait until the next one 'cause I didn't hear any of the discussion. Ms. Thompson: Then Vice Chair Sarnoff? Vice Chair Sarnoff. Yes. Ms. Thompson: The ordinance has been passed on first reading, 3-0. FR.4 ORDINANCE First Reading 12-00157 Department of Solid AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Waste 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING SECTION 22-15, ENTITLED" EDUCATIONAL TRUST FUND ESTABLISHED FROM THE RECYCLING PROGRAM FOR SCHOLARSHIPS TO CHILDREN OF CERTAIN CITY EMPLOYEES; CONDITIONS FOR IMPLEMENTATION" TO SPECIFY THE PURPOSE AND TIMEFRAME FOR THE AWARDING OF SCHOLARSHIPS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00157 Summary Form SR.pdf 12-00157 Legislation (Version 2).pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: FR.4. Keith Carswell (Director, Solid Waste): FR.4 primarily deals with the issuance of scholarship from the Educational Trust Fund. During the interim, I've had an opportunity to meet with the union president. I think we're on one accord as it relates to having these funds be used for CDL City of Miami Page 90 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 (Commercial Drivers License) licenses. Also, while we had one member from the operations on the committee, we added an additional member from operations, to be determined by the union president. Again, that committee reviews the applicants. They make a recommendation to the director, who, in turns, make a recommendation to the City Commission. Also, one slight amendment to the item that was presented to you. Right now we -- it currently reads five scholarships for a City employee or CDL license. In talking with the union president, and we both agree, that we think it should be increased to ten to coincide with the scholarships that are awarded to the dependents and children of the Solid Waste Department. We have had a number of early retirements in the Department. In order to have upward mobility in the Department, you need a CDL license. They can range between 800 to $1, 000 or a little more. While that may not seem like a big number, but people at that -- my team at that particular economic rung, that is a big number for them to try to meet. So I would ask that you support this item. Chair Suarez: Thank you, Mr. Carswell. And kudos to you for listening to Commissioner Spence -Jones and having a good constructive dialogue with the labor union and coming to an agreement. Commissioner Spence -Jones: Mr. Chairman, I definitely want to hear the union president at least put it on the record 'cause we definitely do not want this item to pass without him saying it for himself. Joe Simmons: Good afternoon, ladies and gentlemen, members of the Commission. Joe Simmons, Jr., president of the sanitation workers union, AFSCME (American Federation of State, County and Municipal Employees), Local 871. Since the last time we met, we got a chance to sit down several times and had a meeting of the minds. The only thing we'd like to do is just be included in the process or at least have our say to at least consider. That's all. But -- Chair Suarez: Makes sense. Mr. Simmons: -- as far as that, we've had better understanding of this. There's a long history. This thing has been around about 20 years and it would definitely -- the folks over at Solid Waste are very excited to go and be a part of the process because, like he said, we have a number of people that are retiring, you know, dropping, andl did provide him a list of all those folks so at least we can keep track, you know, so we can at least have the adequate staffing levels we needed to perform the services for our residents. Chair Suarez: Thank you, Mr. Simmons. Commissioner Spence -Jones: So you obvious -- you guys have had a Kumbaya? Mr. Simmons: Yes. Commissioner Spence -Jones: Okay, great. I'm loving it. Chair Suarez: Congrats. Mr. Simmons: Thank you very much. Commissioner Spence -Jones: Congrats. Chair Suarez: This is a public hearing item. Commissioner Spence -Jones: So -- Chair Suarez: Let me just open and close the public -- anyone from the public wishing to speak City of Miami Page 91 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 on FR. 4? Commissioner Gort: That's what happens when you believe -- Chair Suarez: There you go. Commissioner Gort: -- when you get together. Commissioner Spence -Jones: Yeah, right. Chair Suarez: That's right. Mr. Simmons: There it is. Chair Suarez: Hearing none and seeing none, the public hearing is closed; coming back to this Commission. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Gort: Move it. Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. Any further discussion? Commissioner Spence -Jones: I just want to ask -- Keith, I think it would be important for the Commissioners and even the Manager to see -- so those individuals that actually receive these scholarships, it would be nice -- either one of the Commission meetings, those that are being rewarded, the morning -- during the morning session, it would be nice to have them come and be presented the official scholarship awards here -- Mr. Carswell: We -- Commissioner Spence -Jones: -- so that we could be at least be a part of knowing, you know, the work that you guys are doing. Mr. Carswell: -- will do that, Commissioner. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Mr. Simmons: Thank you. Just a quick comment. Chair Suarez: Go ahead. Mr. Simmons: I mean, that means a whole lot. Commissioner Spence -Jones: I know. Mr. Simmons: May not mean a lot to a people, but people being here honored, at least recognized -- Commissioner Gort: Yes. Mr. Simmons: -- for their efforts, it was very helpful. That definitely boost morale -- City of Miami Page 92 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 FR.5 Commissioner Spence -Jones: Yes. Chair Suarez: Thank you. Mr. Simmons: -- and productivity. Chair Suarez: And we need that, both. Commissioner Spence -Jones: We need it -- Mr. Simmons: Yes, we do. Commissioner Spence -Jones: -- 'cause we believe. Chair Suarez: Thank you, sir. Mr. Simmons: More with less. Chair Suarez: Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): This is your roll call on your first reading ordinance and it has been modified, so making sure that -- okay. Before I proceed with the roll call, we have Chair -- I'm sorry, Commissioner Carollo walked in. I want to make sure that he wants to be included on this roll call. Commissioner Carollo: Yes. I know the issue. Ms. Thompson: All right, thank you. Okay. Moving on with your roll call. Commissioner Carollo? Commissioner Carollo: Yes. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff. Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Absolutely yes. Ms. Thompson: Chair Suarez? Chair Suarez: Yes. Ms. Thompson: The ordinance has been passed on first reading, as modified, 5-0. ORDINANCE First Reading City of Miami Page 93 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 12-00158 Department of Solid AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Waste 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING SECTION 22-93 ENTITLED "ENFORCEMENT AND ADMINISTRATIVE FEES", TO DETAIL AN ENFORCEMENT AND COLLECTION PROCESS, DELETING CODE ENFORCEMENT PROCEDURES ALREADY SET FORTH IN CHAPTER 2 OF THE CITY CODE; FURTHER CREATING SECTION 22-94 TO PROVIDE FOR AN APPEAL PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00158 Summary Form SR.pdf 12-00158 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo Chair Suarez: FR.5. Keith Carswell (Director, Solid Waste): Commissioners, FR.5 is really about protecting our commercial franchise, the value in it. As bad as the economy was last year, we actually had a $1.7 million increase in various commercial hauling revenue. We actually closed the year with 11, 414, 000, which again was a $1.7 million increase. The reason behind that is that we've been viligent [sic] in enforcing or removing or addressing the problem with illegal haulers operating in the City. I've been talking with, Commissioner Gort, your staff and you're well aware of the problem that we've had. Last year, for example, we were able to address about eight -- over 88 illegal haulers that were operating in the City. They paid us for various fines, over 22,000. We have a number of -- we have about 50 roll -offs at the mini dump right now. What we don't have in the code is a process to get rid of them. A number of the companies are small operations that have actually gone out of business, and where they leave their trail are where they dump illegally in your neighborhoods. And so what we would like to do as part of this resolution is have a process in place where we can auction off the containers that we don't need for our use and also generate revenue for the City, and then the ones that aren't sellable, we would just sell for scrap metal. And additionally, as part of Operation Clean Sweep, we're looking at reopening the mini dump, and so we need to clear out the mini dump, which currently has a lot of the illegal roll -offs, to make room for that as well. Chair Suarez: Thank you, Mr. Carswell. This is a public hearing item, FR.5. Anyone from the public wishing to speak on FR.5? Seeing none, hearing none, the public hearing is closed; coming back to this Commission. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by -- Commissioner Spence -Jones: Second. Chair Suarez: -- Commissioner Gort, second by Commissioner Spence -Jones. Commissioner Spence -Jones: Discussion, though. Chair Suarez: You're recognized. City of Miami Page 94 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: Okay. I just wanted to know the projected revenues for the collections on this. Do you have --? I know you at one time was working on the projected revenues. Mr. Carswell: For the illegal roll --? Commissioner Spence -Jones: Yeah. Mr. Carswell: We -- what we have now -- I've conservatively estimated about 12,000. Commissioner Spence -Jones: Okay. Mr. Carswell: I think it'll be a little more. Commissioner Spence -Jones: Okay. Mr. Carswell: Also what we're doing is we're enhancing our enforcement efforts where we're out there, you know, addressing the issue -- Commissioner Spence -Jones: Okay. Mr. Carswell: -- shall say. Commissioner Spence -Jones: So it's a smaller number for now? Mr. Carswell: Collectively, you're probably talking close to 30,000 in total. Commissioner Spence -Jones: Okay, no problem. Chair Suarez: Now Commissioner Gort. Commissioner Gort: Let me ask a question. Madam Attorney, my understanding is, is there a procedure legally that we have to put in place in order for them to sell scrap metal or the -- whatever they have aboard? And also at the same time, can we charge for like they do in the tow trucks for keeping them in the -- in our yards and so on? Julie O. Bru (City Attorney): You know, I have to check and see whether this ordinance provides for assessing costs of storage of any impounded roll -off container. And if we don't, if it's not addressed here, maybe we can -- on second reading, we can address it. Mr. Carswell: I would ask that. I would ask that -- Commissioner Gort: Okay. Mr. Carswell: -- it's not included, but I would ask that we do include that. Commissioner Gort: Let's include it for the second reading, okay. Ms. Bru: We'll add the storage fees as recoverable costs also. Commissioner Gort: Right. Ms. Bru: And this process, I think, now affords the City protection from any claims of you know, having seized the property without due process, which, in fact, we litigated a case that was filed City of Miami Page 95 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 against the City because we didn't have this process in place. Commissioner Gort: Right. Ms. Bru: We were successful, but we came close to having, you know -- Mr. Carswell: Right. Commissioner Gort: Right. Ms. Bru: -- incurred some liability. So this is now a legal process that requires clear and convincing evidence and it also allows us to seize it in the event of an imminent threat to the public, health and safety. Commissioner Gort: Thank you. Mr. Carswell: Right. But also, ifI may add, Chair. Chair Suarez: Yes, please. Mr. Carswell: Because we're out there actively addressing the illegal hauling issues and also with some of our franchisees who aren't reporting their permits, that's part of the reason why we saw that there's $1.7 million increase in revenue. And the more we're out there, the more we're bringing things to their attention. Last month, for example, we billed the franchisees collectively over 70,000 in unreported roll -offs and they have to pay that money. Commissioner Gort: Right. Mr. Carswell: And so this helps in so many different ways. Thank you. Chair Suarez: Thank you. Commissioner Gort: Thank you. Chair Suarez: There is a motion and a second. Roll call, please. Priscilla A. Thompson (City Clerk): You need to read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: Your roll call. Vice Chair Sarnoff? Chair Suarez: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. City of Miami Page 96 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Chair Suarez? Chair Suarez: Yes. Ms. Thompson: Okay. Commissioner Carollo: Yes. Ms. Thompson: Commissioner Carollo, you do want to participate in this vote? Chair Suarez: Yes. Commissioner Carollo: I do want to vote. Ms. Thompson: Okay. Commissioner Carollo: I'm going to vote no, and it's nothing against Mr. Carswell. I really -- we didn't get a chance to speak about the item and let's just say this thing about enforcement and so forth, especially with the debate that we had this morning; has left a sour taste in my mouth. So let's get together and talk about it. Mr. Carswell: I will do that. Commissioner Carollo: And mind you, I was the one who brought the issue about illegal dumping. I showed all the pictures and so forth. And that's actually my intent with regards to Code enforcement and something that we need to address that -- you know, we need to clean our streets. So with that said, I'm voting no, once again, only because, again, we haven't had a chance to speak and -- yeah, I do -- Mr. Carswell: I will - Commissioner Carollo: -- have a sour taste in my mouth with enforcement. Mr. Carswell: -- contact your office, and hopefully on the second round, I can get your support. Chair Suarez: Thank you. Commissioner Carollo: Thank you. Mr. Carswell: Thank you. Commissioner Spence -Jones: Sour taste? Chair Suarez: Sour taste. Commissioner Carollo: Yeah, sour taste. Chair Suarez: Yes, Madam Clerk. Ms. Thompson: The ordinance -- Commissioner Carollo: Sour taste on first reading. Commissioner Spence -Jones: Okay. City of Miami Page 97 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Ms. Thompson: -- has been passed on first reading, 4-1. Chair Suarez: Thank you. Mr. Carswell: Thank you. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 12-00073 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED OCTOBER 19, 2011, PURSUANT TO INVITATION FOR BID NO. 273272, FROM FISHER SCIENTIFIC COMPANY, LLC., THE LOWEST RESPONSE AND RESPONSIBLE BIDDER FOR GROUP 1: FIRST RESPONDER RESPIRATORS AND ACCESSORIES, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00073 Summary Form.pdf 12-00073 Award Recommendation Form.pdf 12-00073 Tabulation.pdf 12-00073 Invitation for Bid.pdf 12-00073Addendum No. 1.pdf 12-00073 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0055 Chair Suarez: What -- now or -- they told me 10: 30. Okay, so -- Commissioner Spence -Jones: So you're going to take up another item -- Chair Suarez: Yeah. What I'm going to take is -- Commissioner Spence -Jones: -- so we could keep it moving? Chair Suarez: -- what I consider to be three very quick -- Priscilla A. Thompson (City Clerk): I'm sorry. Chair Suarez: Yes. Ms. Thompson: Are you going to take a vote on PH.1 ? City of Miami Page 98 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 George Mensah (Director, Community Development): No, we didn't do PH.1. Chair Suarez: No, no, no. This -- no. No, this was not PH.1. This was just a presentation that was made by Mr. Mensah. Ms. Thompson: Thank you -- Chair Suarez: You're welcome. Ms. Thompson: -- for that clarification. Chair Suarez: I'm going to take RE.1 -- Commissioner Spence -Jones: Okay. Chair Suarez: -- which is a resolution not requiring a public hearing. I'm going to do -- Commissioner Spence -Jones: RE.1. Chair Suarez: -- then RE.2 and then RE.5, which I think are pretty quick noncontroversial items. Commissioner Carollo: So the press conference was -- Chair Suarez: 10: 30. Commissioner Spence -Jones: At 10: 30. Chair Suarez: It's 10: 07. RE.1. Administration, RE.1. Commissioner Spence -Jones: Please. Manuel Orosa (Chief of Police): Good morning. Chief Manny Orosa, Miami Police Department. RE.1 is a resolution that sets aside $60, 000 on an as -needs basis for the police department to purchase gas masks for Fisher Scientific. The gas masks are basically to protect officers when any chemical agent is dispersed and it's also got a different filter for first responders for any biological type of form of attack when they respond to it as well. Chair Suarez: Thank you, chief. 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, seeing none, all in favor, signin, by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: RE.1 passes unanimously. RE.2 RESOLUTION 12-00074 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO City ofMiami Page 99 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 ACCEPT FORTY ONE (41) RIGHT-OF-WAY DEEDS OF DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. 12-00074 Summary Form.pdf 12-00074 Legislation.pdf 12-00074 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0056 Chair Suarez: RE.2. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. RE.2 is a resolution to authorize the City Manager to accept 41 right-of-way deeds of dedication. These are private properties that are being dedicated for public purposes, essentially for sidewalk construction and roadway improvements. The Department of Public Works has reviewed these dedications in consultation with the Law Department and we have found them to be in compliance with Section 54-58, and they've been ready for recordation with the public records ofMiami-Dade County. Commissioner Gort: Move it. Chair Suarez: It's been moved -- Commissioner Carollo: Second. Chair Suarez: -- by Commissioner Gort, second by Commissioner Carollo. 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 11-01220 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), BY A 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 AGREEMENT WITH METLIFE, INC. FORA 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 City ofMiami Page 100 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 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 Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0063 Chair Suarez: Can we take RE.3 and RE.4 together as companion items? Commissioner Spence -Jones: Three and four? Chair Suarez: Yeah, RE.3 and RE. 4 together. Calvin Ellis: Good afternoon. Calvin Ellis, director of Risk Management. RE.3and RE.4 pertain to the City's groups benefits dental insurance plan, and RE.3 is a resolution of the Miami City Commission, with attachments, by a four fifths 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 (Preferred Provider Organization) insurance plan; waiving the requirements for a competitive sealed bidding procedures, pursuant to Section 18-85 and 18-90 of the code of the City ofMiami, as amended; extending the existing agreement with MetLife for a period not to exceed four months or until the pending protest is resolved, whichever occurs first. Chair Suarez: Thank you. Any -- actually, this is not a public hearing item, so coming back to the Commission for a motion. Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Been moved. Commissioner Spence -Jones: Discussion. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Vice Chair Sarnoff Second. Chair Suarez: Second by Commissioner Sarnoff. Commissioner Spence -Jones, you're recognized for discussion. Mr. Ellis: Yes. Commissioner Spence -Jones: I just -- I wanted to at least be able to have the opportunity to City ofMiami Page 101 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 address anything that -- obviously, there's some concerns about this particular issue. Is there anything that -- additional that you can put on the record that would at least provide more clarity to the Commissioners on this issue? Mr. Ellis: Absolutely. We -- Department of RiskManagement issued an RFP (Request for Proposals) in regard to the dental insurance plan. We had a number of responsive firms. It went through a formal RFP process. Commissioner Spence -Jones: It did go through the process properly. Mr. Ellis: Correct. And the highest ranked firm was identified and a decision was made to proceed and the City Manager authorized to proceed with the highest ranked firm, but prior to the initiation of the new planned year, we did receive a timely protest with regard to that. So as a result of the protest, we had to stay the procurement process. Commissioner Spence -Jones: Okay. So Procurement, and then I'll turn it over to whoever else has any questions. I understand that there was a protest, but it has been resolved correctly? Kenneth Robertson: Kenneth Robertson, Procurement director. No, the protest is still under the final review process. There were three substantive protest assertions that we are diligently finalizing our point of view regarding. Commissioner Spence -Jones: So can I ask, wouldn't it be prudent for us to -- 'cause I -- only reason why -- I mean, I have a note that the bid protest has been resolved, so it actually hasn't been resolved. Mr. Robertson: The resolution is to extend for four months. Commissioner Spence -Jones: No, no. I'm saying my own notes. I guess somebody -- one of my team members must have gotten it -- Mr. Robertson: We're -- Commissioner Spence -Jones: Not resolved is the right way. Mr. Robertson: -- confident with portions of the protest assertions. Commissioner Spence -Jones: I know, but -- Mr. Robertson: Two of the three are more difficult to resolve and so we 're reviewing those in depth. Commissioner Spence -Jones: Okay, but -- Procurement, would you -- would it be your -- professional recommendation that before we award this, that we at least give the opportunity to finish, you know, hammering out --? You say you only have a few more to go, correct? Mr. Robertson: The award of this item is actually to retain our current company. Commissioner Spence -Jones: Okay. Mr. Robertson: We do not want to override the stay of procurement until the protest is resolved. We think doing so is irresponsible. We are finalizing the process to respond to the protest. There were several material, valid points of responsiveness that were brought up in the protest, but this is not the proper venue to discuss the protest specifics. City of Miami Page 102 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: I know. It just seems like to me that we would want to at least be able to resolve it all the way. I mean, I'm supporting, Ken, because I know you guys worked hard to get it done, but I'm -- I was doing it based upon -- my information was that, you know, the bid protest had been resolved and at this point you're moving on -- Mr. Robertson: Correct. Commissioner Spence -Jones: -- type thing. But to hear now that maybe perhaps there are a few things that need to be hammered out -- or you're still hammering out those --? Mr. Robertson: Yes. IfI may, these items are actually to ratify something that has already occurred. The contracts were extended in December. So pursuant to our procurement code, if the City Manager invokes an emergency finding and performs an action administratively, it's required to come to the Commission after the fact for ratification. That's what has occurred in this instance. The contracts were extended because they were expiring at the end of the year and now we need to ratin, that action, and the extension is only valid for four months or until the protest is resolved. Chair Suarez: Whatever's sooner -- whatever happens first. Mr. Robertson: correct, whatever is sooner. Commissioner Spence -Jones: Can I just ask in closing, and then I'm going to turn it over to the Chair, is this something that we do -- madam -- maybe Madam City Attorney. I mean, is this something that you recommend, that we -- I know we're ratifying it, you know, but is this something that you recommend that we continue to go forth with, even though we have the -- they still have these two issues that they're trying to work through? Julie O. Bru (City Attorney): The procedure has been followed appropriately. Commissioner Spence -Jones: Right. On the -- Ms. Bru: It's -- you know, under our procurement code, the actions taken by the Administration are appropriate and this item is before you appropriately. It's a policy decision now for you to make as to whether or not to accept their recommendations. Mr. Robertson: Correct. Commissioner Spence -Jones: Right. Mr. Robertson: This item is not -- Commissioner Spence -Jones: I mean, but -- Mr. Robertson: I'm sorry. Commissioner Spence -Jones: I'm saying, but in hearing him say, you know, there's still like a few items that he's still trying to work out on the -- Ms. Bru: On the bid protest. Commissioner Spence -Jones: -- bid protest. Ms. Bru: Right. City of Miami Page 103 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: So what about if those items, you know, didn't work out -- Mr. Robertson: Correct. But those -- Commissioner Spence -Jones: -- and they see that, hey, you know what, maybe these are some outstanding issues that need to be resolved or that do, you know, create an issue. Ms. Bru: Well, that's why I believe that the Manager is recommending the status quo, pending the resolution of those issues that are yet to be resolved in the bid protest process. Andl think your director of Risk can address the need that the employees have for continued uninterrupted services. Mr. Ellis: That's correct. We were at the end of the contract period and all the start of a new plan year so it would have been detrimental to go into the new plan year with no dental provider. As a result of that, it was necessary to extend, administratively, the existing contracts for a period until we could complete our due diligence, evaluate the basis of the protest and resolve the protest. Commissioner Spence -Jones: Okay. Mr. Ellis: This is just a temporary extension of the existing contracts. Chair Suarez: Thank you. Commissioner Gort, you're recognized. Commissioner Gort: This is for the PPO, right? Mr. Ellis: Correct. Our -- Commissioner Gort: The next item -- Mr. Ellis: -- RE.4 is for the dental HMO (Health Maintenance Organization). Commissioner Gort: For the HMO. And there's two different --? Mr. Ellis: Correct. Commissioner Gort: Okay. Chair Suarez: We're voting on them separately. Commissioner Gort: All right. Chair Suarez: Okay. Any further discussion on RE.3 ? Hearing none, all in favor, signify by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.4 RESOLUTION 12-00110 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY REGARDING THE PROVISION OF THE CITY City ofMiami Page 104 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 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 AGREEMENT WITH SOLSTICE BENEFITS, INC. FORA PERIOD NOT TO EXCEED FOUR (4) MONTHS OR UNTIL THE PENDING PROTEST IS RESOLVED, WHICHEVER OCCURS 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 Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0064 Note for the Record: Please refer to Item RE.3 for minutes referencing Item RE.4. Chair Suarez: RE.4. Is there any --? Okay. Calvin Ellis (Director, Risk Management): RE.4 is a similar item. It's just has to deal with the dental HMO (Health Maintenance Organization) program and, here again, it was necessary to extend the existing contract because we did receive a timely bid protest. Commissioner Gort: Now how many people were propose -- how many people were in here proposing? Mr. Ellis: Oh, in terms of responsive? Commissioner Gort: Responsive. I'm sorry. Yes. Mr. Ellis: Four. Commissioner Gort: Four. Mr. Ellis: Correct. Commissioner Gort: Okay. And the protest was filed by whom? Mr. Ellis: By our -- Commissioner Gort: Number 2 -- Mr. Ellis: -- existing dental HMO provider. City of Miami Page 105 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Gort: Okay. Chair Suarez: What were they ranked, just out of curiosity? Mr. Ellis: They -- well -- Commissioner Spence -Jones: Procurement. Mr. Ellis: -- they were ranked -- well, we bifurcated the dental PPO (Preferred Providers Organization) and the dental HMO. They were ranked two and three -- Chair Suarez: Okay. Mr. Ellis: -- on those items. I believe they were ranked number two on the dental HMO and number 3 on the dental PPO. Chair Suarez: Okay. Any further discussion, questions? A motion. Is there a motion? Commissioner Gort: I don't know if anyone wanted to speak in the -- Chair Suarez: Does anyone want to -- Commissioner Gort: We had some more people. Chair Suarez: -- from the public here, is there anyone here to speak on behalf of this item? Sir, I'll give you a couple minutes. Joseph Goldstein: Thank you, Mr. Chairman, Vice Chairman and Commissioners. Joseph Goldstein, from Shuns and Bowen, 201 South Biscayne Boulevard. I've spoken with the City Clerk and the City Attorney before speaking. I'm not yet registered to be a lobbyist because the next ethics class is in June and I'm taking the steps to take that class. But -- Chair Suarez: Will this -- Mr. Goldstein: -- with your permission, I'd like -- Chair Suarez: Just give me one second. Mr. Goldstein: -- to address you. Chair Suarez: Will this Commission waive that requirement? Commissioner Gort: So moved. Chair Suarez: There's no objection? Sir, you may continue. Mr. Goldstein: Thank you. Again, I'm here on behalf of my client, Humana. In October, as you heard your staff say, there was a full request for proposals. Humana was ranked number one in both elements of the dental insurance procurement. We're ready, willing and able to perform the -- already performing for the same services for Miami -Dade County. We're confident that the bid protest, it will be resolved in our favor, and we look forward to a smooth swift transition, which we can accomplish within about 30 days once we get the contract negotiated. I just wanted to point one thing -- I hear the Administration advising you that because of the emergency, the staff has recommended to you or actually has already taken the action to extend the existing contracts. And whatl wanted to point out to you, even though it's already been done, under your City of Miami Page 106 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 procurement code there's an automatic stay when a timely bid protest is filed, but your procurement code provides in situations like this where the protest can't be resolved within 30 days. If an emergency does exist, you can go ahead and award the contract under the same circumstances. And the purpose for doing that is, of course, not necessarily rewarding an incumbent contractor who files a bid protest. We're confident that this will be resolved quickly. We're not making that an issue, but I wanted to point it out. We look forward to being your vendor. Thank you. Chair Suarez: Thank you, sir. Thank you, sir. Coming back to this Commission, is there a motion? Vice Chair Sarnoff. So moved. Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Sarnoff, second by Commissioner Carollo. Any further discussion? Hearing none, seeing none, all in favor, signin, by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously, RE.4. RE.5 RESOLUTION 12-00014 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Frank ATTACHMENT(S), CODESIGNATING SOUTHWEST 19TH AVENUE FROM Carollo SOUTHWEST 1ST STREET TO NORTHWEST 1ST STREET, MIAMI, FLORIDA, AS "ANGEL CALZADILLA WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 12-00014 Legislation.pdf 12-00014 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0057 Chair Suarez: RE.5. Commissioner Spence -Jones: RE.5. Chair Suarez: Yes. Commissioner Carollo, you're recognized on RE.5. Commissioner Carollo: Thank you, Mr. Chairman. RE.5 is a resolution of the Miami City Commission, with attachments, codesignated Southwest 19th Avenue from Southwest 1st Street to Northwest 1st Street as Angel Calzadilla Way. Most of you know that I usually don't name streets. However, in this particular case we have law enforcement officer that was with this department for I believe 22 years. We all know who he was from being -- and you know what, let me just -- ifI may, ifI could read his bio. City of Miami Page 107 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Yeah. Commissioner Carollo: Angel Calzadilla joined the City ofMiami Police Department in 1988 and was assigned to uniform patrol in the Little Havana's afternoon shift. During his 22 years of dedicate service to the Miami Police Department, Angel performed honorably as a police officer and sergeant, hostage negotiator, public information officer, and senior executive assistant to two separate chiefs of police. He was the recipient of numerous awards, including Officer of the Month, eight times; Dade County Chiefs of Police Officer of the Month, two times; Rotary Clubs Officer of the Year in 1988; and Gold Life Saving Medal four times, among others. Angel also created the Teddy Bear Patrol project which provided thousands of donated Teddy bears for officers to carry in their patrol cars and give to children in distress. He made a difference in the lives of many who were fortunate enough to have met him. It was with deep sadness and profound sense of grief that the City ofMiami Police Department announced his passing on the morning of February 18, 2011. He was just 48 years of age. Although Angel's stay here on earth seems just a fleeting moment in time, our loving memories of him as a husband, father, superb, superb public servant, friend, mentor, and cops' cop will live in our hearts and minds forever. Angel is survived by his wife, daughter, parents, brother, and a host of other family members. Angel will remain in our hearts. Of all of his brothers and sisters in law enforcement and everybody that knew him. So I think it's more than appropriate to name 19th Avenue from Southwest 1st Street to Northwest 1st Street codesignated as Angel Calzadilla Way. Chair Suarez: There's a motion by Commissioner Carollo. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Any further discussion? All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: RE. 5 passes unanimously. RE.6 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. City ofMiami Page 108 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 BI.1 12-00089 Department of Management and Budget 12-00012 Summary Form 03/08/12.pdf 12-00012 Memo - Proposed Revisions 03/08/12.pdf 12-00012 Memorandum of Understanding 03/08/12.pdf 12-00012 Legislation (Version 3).pdf 12-00012 Exhibit 1 03/08/12.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE. 6 was deferred to the Commission Meeting scheduled for March 8, 2012. END OF RESOLUTIONS BUDGET BUDGET DISCUSSION ITEM STATUS (SEC.18-542(b) CITY CODE) I. 2011-2012 BUDGET II.PROPOSED 2012-2013 BUDGET 12-00089 Summary Form.pdf DISCUSSED Direction by Commissioner Spence -Jones to the Administration for the Budget Director to provide a report regarding the funds that should have been allocated from murals, billboards, and the Magic City Casino, toward parks and senior services within the City ofMiami, as well as, a report on potential revenue sources. Chair Suarez: We have about 18 minutes so I'm going to go to budget discussion. It's a discussion item, B1.1 Daniel Alfonso: Good morning, Commissioners. Daniel Alfonso, Budget director of the City of Miami. I'm going to start by talking briefly about the fiscal year '10/11 numbers, enough to say that the audit has not been completed but we're getting very close. We have made some of the adjustments that we have discussed in the past, like the legal issues that were settled in this year but had to be charged off to last year, et cetera. We're still positive in term of fund balance yearend. About 2.7 million is where we are right now, so it's still a good sign. As soon as that -- numbers are made final, we will let you know. Commissioner Carollo: Mr. -- Chair Suarez: Yes, please. Commissioner Carollo: -- Chairman. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Thank you. Mr. Alfonso, first I want to thank you for coming before us and prior to that, sending all the info -- sending all this financial information to all the Commissioners that, in reality, we have fought so hard in the past to receive. At the same time, I want to go down the list of everyone who is not within their budget or is projected to be over City ofMiami Page 109 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 budget at the end of the year, and the reason being is because I want to address the issues now, andl think that's the reason that this Commission has requested that you come before us every month so we could address the issues now instead of later. So I'm just going to go down the list of everyone who is projected to be over their budget. So we could -- you know, the Manager could address it with them or with you or whoever, but the bottom line is my intention is that we address the issues now. Mr. Alfonso: Okay. Commissioner Carollo: So I will go over that list. It's information you've provided to all Commissioner? Mr. Alfonso: Right. As we -- as I had stated in the past, this is the first month that we're actually providing a projection of where we are in '10/'11, Commissioner. Chair Suarez: Yes. Commissioner Gort: My understanding in conversation I had with you, you were able to explain the reason of what you're doing so it would not continue -- Mr. Alfonso: Yes. Commissioner Carollo: -- the deficit. Okay. Commissioner Carollo: And that's exactly what we want, Commissioner, so that we can address any issues now and later on, we don't have to start tackling with all the things -- and I'll be candid with you, Mr. Director, and I'm being as upfront as possible. What I'm hoping that does not happen is that all these amounts gets bunched up and given to us in a mid -year adjustment or end -of -year adjustment with not much explanations and all of a sudden we're asked to make adjustments to all the different budgets and we don't hold any departments accountable, okay. So this is two fold. First of all, I want to make sure -- and I'm being as upfront as possible -- that all departments way ahead of time -- and realistically, we're five months into our year -- but way ahead time know that we're going to hold everyone accountable, so that's the one thing. And the second thing, I want to make sure that what I'm saying is giving ample time for everybody to address the issues right now. Now I am going to go down the list of information you provided to all Commissioners. Please let me know if any of the information that state is erroneous, but want to mention. Chair Suarez: Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: Mr. Chairman, I just want to ask this quick question. Is this exercise going to be more than 15 minutes? Commissioner Carollo: Absolutely not. Commissioner Spence -Jones: Okay, all right. Chair Suarez: Okay, go for it. Commissioner Carollo: Thank you. And again, these are all the departments that are projected to be over their budget andl will begin right from the start, the Mayor's office, Code Enforcements, although I need to be fair. Code Enforcement, the reason why it's showing that is because of the issue we had earlier, that they need to be reimbursed, so that's the issue with Code Enforcement andl need to be fair about that. Equal Opportunity and Diversity programs, Information Technology, Parks and Recreation, Public Facilities, and then pensions is over too, City ofMiami Page 110 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 that we will have to address. But all the departments that were mentioned, again, are in line to be over budget so I want to make sure we address issues now, whatever they are, so at the end of the year, and even midterm, there's not all this confusion and all these numbers are bunched up and there's no accountability, okay. Mr. Alfonso: Commissioners, as I said, some of these issues will be resolved hopefully with the mid year amendment. I do not intend to catch you last minute. Commissioner Carollo: Okay. Mr. Alfonso: These things will be explained. I'm going to briefly go over some of these. The Mayor's office -- if you recall, the Mayor's office budget was reduced slightly for fiscal year '12 versus fiscal year '11. The assumption was that there was going to be a reimbursement coming for a staff person that works on both the Mayor's office and MSEA (Miami Sports & Exhibition Authority) related issues. MSEA was supposed to reimburse a portion of that -- of the budget of that person. The MSEA budget was not adopted as proposed; therefore, MSEA cannot reimburse that person. Therefore, we have to adjustment the Mayor's budget to cover the cost of that person, and that's the reason for that. The Code Enforcement you mentioned, the money has been set aside. When that gets fixed, it will be resolved. In the Office of Employment -- Equal Employment Opportunity, there's only four persons there. One of the staff members that is there, we had assumed was going to be paid less than they currently are being paid because their job functions were going to be altered. However, that job function has not changed. And the HR (Human Resources) did an analysis of the person's work and they have estimated that that person is being compensated properly. We will come to the Commission explaining that rationale and providing the backup of the information and in the mid year, perhaps request that $10, 000 to make that office whole. In the case of the Information Technology Department, the budget assumed that we would take $750, 000 from sunshine state loan to fund operations in the implementation of Oracle 12. Our attorneys have advised us that that's not a recommended way to go; therefore, we're not doing that and it's causing a problem on the operating side. That issue will be resolved to the extent that we finish 2011 in a positive number. We are required by our integrity ordinance to carry over fund balances for four departments: Parks, Public Facilities, IT, and the elected officials' offices. Park and Public Facilities did not end in the black; therefore, there will be no carryover, but IT did, and we will use that carryover from this year to fund this overage that we're projecting here or shortfall otherwise. In the case of Parks and Recreation, Parks and Recreation is a challenge. The Department has been reduced several million dollars over the last couple of years and it's put a lot of pressure when we have asked them basically to fund summer programs, et cetera. We're looking at the projections in how we're going to cover the summer programs. Right now, again, we're anticipating that they might be over about $200, 000. We will continue to work with the Department to address it. We're been talking about one percent of the Department's budget. So we're working with the director to see if it's possible to accommodate it. We're looking at special revenue funds that are available to maximize their use, but it is possible that if we fully provide the services that are required without reductions in the Parks Department, they might exceed the budget. This is something that I (UNINTELLIGIBLE) right now. Chair Suarez: Excuse me one second, Mr. Alfonso. Mr. Alfonso: Yes, sir. Chair Suarez: Commissioner Gort would like -- Commissioner Gort: After he finishes. Chair Suarez: -- to jump in. Okay. City ofMiami Page 111 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Gort: After he finish, I'll have a question. Chair Suarez: Sure. Mr. Alfonso: Yes. So that was the issue with Parks. Public Facilities, in looking at what's happened over at Public Facilities, again, over the last couple years, I feel that perhaps the budget for Public Facilities in the utility section, which is the part that pays electricity and water and whatnot, may have been under budgeted. We're analyzing that. I'm working with the director that was just hired there a couple of weeks ago to see if he can minimize that. But as of right now, that is our projection for Public Facilities. In case of pension, we discussed -- I discussed with you, the issue there is that we had assumed in the bargaining agreement that was negotiated that we would save $2.3 million from the police officers going from 7 to 10 percent in their contribution to pension. That calculation was erroneous because it was assumed that all officers are paying contribution to health; in fact, they're not. All the officers in the DROP (Deferred Retirement Option Plan) aren't. Now we went ahead and paid to the pension plan the actuarially required number and did not offset it by 2.3 million that we thought we were going to save. We didn't offset it because we didn't know exactly what that savings was, and if we wait until the end of the year, the portion that we're short, the FIOP [sic] board would charge us 7 and a half percent on. We don't want to pay the 7 and a half percent on whatever amount; therefore, we prepaid it and we expect to get credit for whatever that three percent is at the end of the year working with them. And those are really the shortages that we are anticipating in each of the departments. If there's any questions, I'll be glad to answer. Chair Suarez: Yes, Commissioner Gort, then Commissioner Spence -Jones. Commissioner Gort. Commissioner Gort: Well, I want to thank you because this is something that we needed and we've been asking for a long time. Commissioner Carollo: Absolutely. Commissioner Gort: This is very important. Chair Suarez: Well, we made it into an ordinance. Commissioner Gort: Now in Parks Department, one of the suggestions in talking to Parks Department, last year they come up with some kind of a sponsorship for different events in the Parks Department. I think we should bring that back up again. They have a plan that they put together. I would like to see it because I'm pretty sure we can get some of the private sector to contribute to a lot of those programs. And Public Facilities, I've asked the Administration to send me the information of all the money that's being collected and is supposed to be collected. Thank you. Chair Suarez: Thank you. Commissioner Spence -Jones. Commissioner Spence -Jones: Danny, you know we've had this conversation. There's a few things that want to make sure that get a report from you. Well done on the presentation. I do know that -- andl think the only Commissioners were here at the time would have been Sarnoff andl. I know that on two things, the Magic City Casinos along with the murals andl even believe some of the billboards. There was dollars that was to be allocated towards parks and, at the time, senior -based programs. I believe Commissioner Gonzalez was the one that really pushed for that. I've been asking for a breakdown of that. I know that we have senior -related programs in all of our districts and here is a pot of money, quite frankly, I don't think is actually being pulled out to even meet those needs, so I would like to make sure that we include -- at least get an update on where we are with the funds that should have been allocated from those sources of revenue. The other thing that I would like to have from you -- and I don't know where the City of Miami Page 112 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 CFO (Chief Financial Officer), where she is, butt know that we talked in our briefings. I know this is our existing budget and what we have to operate on, but I do want us, as we talked about this earlier, Madam CFO, about we need to start forward thinking on what we need to do to actually generate revenue. So I would like to see, Danny, the next time that you do this monthly update, that we also look at potential revenue sources, whether or not they be an increase in, you know, our assets or our fees, whatever it is. I'd like to start seeing what we're doing to think outside of the box to create revenue. Andl know that you're already working on something similar to that, but I would like to definitely make sure 'cause I think we always need to be thinking about that. And then I think -- those are the only two things that had a question or comment on. I do believe, though, if we start looking at those monies from those revenues, that Parks most likely won't be in a deficit because, quite frankly, the money should be there. Mr. Alfonso: Okay. Chair Suarez: Thank you, Commissioner. I just want to wrap it up by saying, you know, thatl appreciate the Administration's following our ordinance which requires it to come before us and explain the budget prior year, current year, and future year, which I think is a very prudent way of acting so that we can, you know, stem any problem -- or head off any problem before it becomes a very serious one and we're not caught by surprise. I also would like to commend both the CFO and the Budget director because last year we didn't have a CFO and a Budget director and there's a huge difference -- Commissioner Spence -Jones: Yes. Chair Suarez: -- in terms of the professionalism, in terms of the quality of the information, the quality of the presentations that we're getting. We just had an executive session yesterday andl can't get into the substance of it, but I can say that the -- I was very pleased with the way the Administration listened to us, answered our questions, you know, so it really is a drastic, drastic difference this year. So I commend you all for that. Mr. Alfonso: Okay, just real briefly -- Chair Suarez: Sure. Mr. Alfonso: -- I want -- thank you very much for your kind comments, but just real briefly, year-to-date, we're ahead of where we were last year in collections and revenue. I'm projecting that we'll be $3.3 million to the positive in revenue. On the expenditure side, we're 6 million below where we were last year on expenditures of the same period. And I'm projecting that we'll be $2.8 million below on the expenditures. Even with those issues that are going over, we expect to be under our budget by 2.8 million. Chair Suarez: So your projection is -- and hate to put -- I don't want to put you on the spot 'cause I know and I'll state very clearly that these numbers fluctuate and change constantly. Mr. Alfonso: Yes. Every month -- Chair Suarez: Every day Mr. Alfonso: -- these numbers are going to change when I'm standing up -- Chair Suarez: Well, they change every day. Mr. Alfonso: Yes, that's correct. Chair Suarez: But you'll be telling us every month, the changes. But your best guess right now, City of Miami Page 113 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 DI.1 12-00160 Office of Grants Administration snapshot today, is that we'll be in the surplus for the current budget year about $6 million? Mr. Alfonso: That is correct. Chair Suarez: Okay, just wanted to clam that. Commissioner Gort: Thank you. Mr. Alfonso: Okay. Chair Suarez: Thank you. Thank you all. We're going to break now. What I'd like to do is reconvene right after the press conference so we can get some work done before lunch. Thank you. END OF BUDGET DISCUSSION ITEM DISCUSSION ITEM UPDATE ON THE ESTABLISHMENT OF THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT. 12-00160 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item DI I was deferred to the Commission Meeting scheduled for March 8, 2012. END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS Chair Suarez: Madam Clerk -- Mr. Clerk, can we swear in our Planning & Zoning witnesses; get started. Todd Hannon (Assistant City Clerk): Excuse me. Ladies and gentlemen, if anybody will be speaking tonight on Planning & Zoning items, may we have you stand and raise your right hand. The Assistant City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Mr. Hannon: Thank you. Chair Suarez: You may proceed. Thank you. PZ.1. Victoria Mendez (Assistant City Attorney): Mr. Chair. Chair Suarez: Yes. Ms. Mendez: I need to read the little -- City of Miami Page 114 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 PZ.1 11-00910ww Chair Suarez: Go for it, please. Ms. Mendez: PZ items shall proceed according to Section 7.1.4 of the Miami 21 code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe each item as it is to be heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request or may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City code. Members of the public will be permitted to speak on certain petitions. 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. Any documents offered to the City Commissioner [sic] that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Chair Suarez: Thank you, Madam Attorney. PZ.1. Mr. Garcia, you're recognized for the record. Francisco Garcia (Director, Planning): Thank you, sir. IfI may, I would like to request the Commission to consider first the continuance of two items on the PZ (Planning & Zoning) agenda. Chair Suarez: Yes. Please tell me which ones. Mr. Garcia: That would be items PZ.2 and PZ.4. I'll read PZ.2 briefly. We are requesting that item PZ.2, which is a resolution before you today for the waiver of an 18-month waiting period for the rezoning of parcels already rezoned in the City ofMiami. In this particular case we are requesting that the item be deferred to the next Commission meeting of March 8. Chair Suarez: Okay. And what about PZ.4? Mr. Garcia: Regarding PZ.4, this is a second reading item. This is a proposed modification to the zoning ordinance to provide regulations for water craft on single-family residential properties. Chair Suarez: And when do you want that deferred to? Mr. Garcia: In that regard, we would also like to recommend that the item be continued, in this case, to March 22. So for PZ.2, we recommend March 8; for PZ.4, March 22. Chair Suarez: Thank you. Is there a motion? Vice Chair Sarnofff. So moved. Chair Suarez: Moved by Commissioner Sarnoff. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Any further discussion? Hearing none, all in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WAIVER OF THE City ofMiami Page 115 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 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. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0066 Chair Suarez: PZ.1, or do you want to do it in another order? You want to start from one? Okay. Francisco Garcia (Director, Planning): Certainly. Item PZ.1 is a waiver request, also by resolution, for properties at 527, 535 and 623 Northeast 27th Street. This item was deferred previously for, to the best of my recollection, two major reasons. There were some comments regarding certain aesthetic components of the proposal, and there was also left unresolved up until today the issue of proper maintenance of the code that the proposed development fronts. At this point in time we believe that the aesthetic concerns have been resolved, modifications have been made to the proposal that we find acceptable; and whatever other minor modifications need to be made, we are happy to make at administrative level. As pertains to the proper maintenance City of Miami Page 116 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 of the code that the proposed development is fronting, I believe that the applicants have some measures to present to the Commission that you might find satisfactory. We are recommending approval at this time. Chair Suarez: Thank you, Mr. Garcia. Mayor, do you want to be recognized on this item? Neisen Kasdin: Thank you, Mr. Chair. Neisen Kasdin, representing the applicant, mcKafka. And for the record, I'd like to mention two items: Number one with regard to ex parte communications, our office has had communications with Commissioner Sarnoff and William Plasencia of his staff Commissioner Suarez -- Chair Suarez: Yes. Mr. Kasdin: -- as well as stafffor Commissioner Gort, Frank Castaneda, and stafffor Commissioner Spence -Jones, Neil Shiver. I would also like to note for the record that since this matter was first applied for, the -- our client has acquired and closed on the property, and the new own -- the name of the entity that owns the property, and the waiver should be in favor of Alpine Estates, LLC (Limited Liability Company). The two principals of the developer, Fernando Levy Hara and Stephan Gietl, are here and available to answer questions as well. You had a full presentation last time on the project, the design and everything. Some changes have been made. I know there's been some discussion with that. This is really back before you on the one item that was raised by Commissioner Sarnoff, which was the maintenance of the inlet there. And we had met with City staff both the Public Works director and with the Planning director, and I've come to an accord on a proposal think to get this underway and then come up with a long-term solution. And that proposal is -- and there are a handful of items. There's a contract that the City has with regard to maintenance of the 28th Street inlet. We have agreed to increase support, paying for the increase of the frequency of some of those items, roughly -- slightly under $50, 000 over one year; that we, that is, Alpine Estates, would pay a proportionate share of that charge. The other portion would be paid by the proposed development project that the Related is doing at the -- catty -corner to us on the inlet. And thereafter and within that time period, the City would go forward on creating a special assessment for properties that front the inlet or are on public property fronting the inlet and that we would agree to support that special assessment and be part of it. In this fashion, all property owners along the inlet or with direct access to the inlet or benefit of the inlet would share in the ongoing enhanced maintenance of this. That is our proposal and we would -- willing to -- Vice Chair Sarnofff. Mr. Chair. Mr. Kasdin: -- go forward on that basis. Chair Suarez: Yes, Mr. Vice Chair, you're recognized. Vice Chair Sarnofff. Yeah. I want to make sure I heard you correctly because I heard you -- I thoughtl heard you say that you would, along with The Related Group, promote the special assessment district and the City would cooperate with that endeavor. I didn't think heard you say the City would do it. Mr. Kasdin: Well, I think the City would have to be the sponsor, but we would support it and do whatever you asked us to do to see that it's adopted. Vice Chair Sarnofff. Is the City the actual sponsor, Mr. Director? Mr. Garcia: My apologies. We're certainly -- happy to be in work with all the property owners abutting the cove to try to put that in place, yes. City of Miami Page 117 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Vice Chair Sarnofff. This is a special assessment district, just like a police district like we have in various neighborhoods. Mr. Garcia: Yes, sir. Vice Chair Sarnofff. It's my understanding the City can help but it is not the sponsor of it. Mr. Kasdin: Well, ifI may, Commissioner Sarnoff. Actually, it is a -- it's a public agency. It's a public assessment. The City administers it. Private entity -- it's not a private -- there's no authority under the statutes for private entities to do that. Chair Suarez: And you know, it -- I think -- correct me if I'm wrong, but I think that since these buildings will be developer controlled, the developer can actually assent to it without need to actually have to go to all the residents. Mr. Kasdin: Yes. I mean, we'll have to come up with a methodology -- Chair Suarez: Right. Mr. Kasdin: -- and a proportionment, which is a requirement under the statute, that makes sure that the voting is such that it's likely for this to be adopted. Andl think of the cooperation of these two developers, it's likely we can come up with a methodology that would get the appropriate voter pretty close to what's needed. Chair Suarez: Thank you. Commissioner Gort: Mr. Chairman. Chair Suarez: Yes, Commissioner Gort. Commissioner Gort: Do we have any idea the cost related to it? Mr. Kasdin: To create -- Commissioner Gort: To maintain that -- no, to maintain the facility. Mr. Kasdin: Well, there is -- the City currently has a contract -- actually has two contracts. One, a scavenger which picks up -- Commissioner Gort: Right. Mr. Kasdin: -- the (UNINTELLIGIBLE) and the -- and we went over with the Public Works director the items and it's -- the enhanced services are approximately $50, 000 a year. Commissioner Gort: A year. Mr. Kasdin: And that is -- there are a number of different tasks that the City has already contracted for, particularly in the shallow end where all the debris collects, where they go out and manually collect it and clean it and do things of that sort, and so not only the debris, but also even other stuff that gets in there. I would also remind the Commission that by rebuilding the seawall, which is completely deteriorated throughout a large section fronting our property, that will help in terms of also not being a collection point for debris to dry out. Chair Suarez: Thank you. This is a PZ item requiring a public hearing. Any member of the public wishing to speak on PZ.1 ? Ms. Escarra, you are recognized. City of Miami Page 118 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Iris Escarra: Good evening, Commissioners. Iris Escarra, 333 Avenue of the Americas. I'm actually here today on behalf of the neighbor, The Related Group, PRH at 28 Street, in support of the application. We have a letter of support and we have in fact been working with them on a solution to clean up the inlet where we're going to maintain it. Chair Suarez: Good for you. Ms. Escarra: Thank you. Chair Suarez: If there's no other member of the public that wishes to speak on PZ.1, I am closing the public record on PZ.1, coming back to this Commission. Vice Chair Sarnoff. I'd like to make a motion. I'd also like to say, Mr. Chair, that the cooperation of The Related Group, together with mcKafka, which is now I guess Alpine Estates, and the Mayor -- I should say -- I had to refer to you as former Mayor or Mayor and I -- Mayor ofMiami Beach has been stellar, andl think this is something that's going to help both their projects. And think it just needed a Commissioner to point out that you would have a problem with the project and your reaction was, you know, above board, great, andl think you're going to have a better project for it. And thank you for your cooperation and your endeavors. Mr. Kasdin: Well, thank you. IfI may -- Chair Suarez: Yes, of course, please. Mr. Kasdin: -- Mr. Chair. You pushed and prodded us, but what you've done is, I think -- the resolution is fair and it -- what it is doing is getting a long-term solution created and moving forward and that will be to everyone's benefit. Chair Suarez: Thank you. Mr. Kasdin: Thank you. Chair Suarez: Mr. Vice Chair, I can assure you that you got to say Mayor, not former Mayor, because my father would not have it any other way so -- Mr. Kasdin: But do we call your father Mayor or Commissioner now? Chair Suarez: That's true, that's true. Someone told me the other day you're the son of Commissioner Suarez, andl said, no, I'm Commissioner Suarez. And then I realizedl am the son of Commissioner Suarez. Anyhow, sorry. Anything else? Commissioner Gort: Motion. Chair Suarez: Is this an ordinance that has to be read or is this --? Mr. Garcia: A resolution. Chair Suarez: This is a motion, okay. Commissioner Gort: You need a motion. Chair Suarez: Okay. All in favor, signift by saying aye." Vice Chair Sarnoff. Need a second. City ofMiami Page 119 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Priscilla A. Thompson (City Clerk): No, no. I'm sorry. It is a resolution. I don't have a mover or a seconder yet. Vice Chair Sarnoff I gave the motion. Chair Suarez: Yeah, he moved it. Commissioner Gort: I'll second. Chair Suarez: Commissioner Gort seconds it. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: Congratulations. Mr. Kasdin: Thank you very much. PZ.2 RESOLUTION 11-01196rw 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, ENTITLED "PROCEDURES AND NONCONFORMITIES", SECTION 7.1.2.8(G)(7) OF THE MIAMI 21 CODE, ALLOWING THE PZAB TO CONSIDER A CHANGE OF ZONING FOR A PROPERTY APPROXIMATELY LOCATED AT 150 NORTHEAST 42ND STREET, 135 NORTHEAST 41 ST STREET AND 115 NORTHEAST 41ST STREET, MIAMI, FLORIDA, WHICH WERE REZONED WITHIN THE PRECEDING EIGHTEEN (18) MONTHS. 11-01196rw CC 03-22-12 Fact Sheet.pdf 11-01196rwAnalysis & Maps.pdf 11-01196rwApplication & Supporting Documents.pdf 11-01196rw CC Legislation (Version 2).pdf LOCATION: Approximately 150 Northeast 42nd Street, 135 Northeast 41 st Street and 115 Northeast 41 st Street [Commissioner Michelle Spence Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of FFAC, LLC (Del.), Begonia Holdings, LLC (Del.) and Dacra Design Moore, LLC (Del.), Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will allow the PZAB to consider a request to rezone the subject properties, which were rezoned within the preceding eighteen (18) months. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones City of Miami Page 120 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Note for the Record: Item PZ.2 was deferred to the Commission Meeting scheduled for March 8, 2012. PZ.3 ORDINANCE Second Reading 11 -00791zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, "GENERAL TO ZONES" AND ARTICLE 5, "SPECIFIC TO ZONES", TO PROVIDE REGULATIONS FOR STRUCTURES OTHER THAN SIGNS TO BE ALLOWED WITHIN DOMINANT SETBACKS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00791zt CC 02-23-12 SR Fact Sheet.pdf 11-00791zt PZAB Reso.pdf 11-00791zt CC Executed Legislation (Version 2).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami 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 will provide regulations for fences to be allowed to be placed in areas where dominant setbacks already exist, similar to existing provisions for dominant setback for buildings. Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13314 Chair Suarez: PZ.3. Barnaby Min: Barnaby Min, Zoning administrator. PZ.3 is an amendment to Miami 21 to allow the Office of Zoning to consider other items, considering what the dominant setback should be, for instance, fences, porches, balconies, stoops, parking lots, things of that sort. Currently, the way the ordinance is drafted, we can only consider buildings in establishing a dominant setback, and there are many circumstances throughout the City where other types of structures need to be considered. Chair Suarez: Thank you, Mr. Min. Is this a -- do we need a public hearing on this? Commissioner Gort: Yes. Chair Suarez: I'm going to open up the public hearing on PZ.3. Seeing none, hearing none, public hearing is closed; coming back to this Commission. Is there a motion? City of Miami Page 121 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Vice Chair Sarnoff So moved. Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort, second by Vice Chair Sarnoff. All in favor, sign by -- Commissioner Gort: An ordinance. Chair Suarez: This is an ordinance, okay. Priscilla A. Thompson (City Clerk): This one is a second reading ordinance. Chair Suarez: Yeah, I'm getting tired. Go ahead, Madam Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. PZ.4 ORDINANCE 11-00806zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00806zt CC 03-22-12 SR Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 1).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1, recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will establish equivalent regulations and requirements from former Zoning Ordinance No. 11000 and place them in the Miami 21 Code; more specifically, to establish conditions and requirements for pleasure water crafts in T3 and T4 Transect Zones. City of Miami Page 122 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note for the Record: Please refer to 1'tem B: Planning and Zoningltemsfor minutes referencing item PZ.4 PZ.5 ORDINANCE First Reading 11-007001u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-007001u CC 03-22-12 FR Fact Sheet.pdf 11-007001u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-007001u Application & Supporting Documents.pdf 11-007001u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial". Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Chair Suarez: PZ.5 and PZ. 6 are companion items; take them up together. City of Miami Page 123 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Francisco Garcia (Director, Planning): That is correct, sir. Item PZ. 5 and PZ. 6 both pertain to property located at 840 Northeast 78th Street. Item PZ. 5 is a proposal for a land -use change, and it is before you for first reading; and item PZ.6, it is a proposal for a rezoning. It is also before you for first reading. In the case ofPZ. 5, the request is that the land -use change be from what it is presently, which is medium -density residential to medium -density restricted commercial, which also includes residential, I should say. And item PZ.6 is a request from the present zoning designation of T5-R to the proposed zoning designation of T5-O. In both cases the Planning, Zoning and Appeals Board recommend it favorably and your Department of Planning & Zoning also recommends favorably. Chair Suarez: Thank you, Mr. Garcia. This is PZ. 5. I'm going to open up the public record on -- the public hearing on PZ. 5. Ms. Summers, you're recognized for the record. Lynn Summers: My name is Lynn Summers, with offices at 2730 Southwest 3rdAvenue, City of Miami. I am here today on behalf of Marine Max, and with me on behalf of Marine Max is their director of real estate, Sam Lowrey, and you'll hear from him later. If we could -- This is an aerial that is in your package, but initially, we want to orient you to the section that we're talking about. This is Northeast 79th Street. This is the Little River. Biscayne Boulevard would be to the west and Biscayne Bay is to the east. The subject property, 840 Northeast 78th Street, is this property marked with the red dotted lines. The application is, as Mr. Garcia said, to change this from residential in nature to commercial in nature. This is the site currently owned by Marine Max East, which is a unit of the operating company Marine Max, Inc., and it, at present and for a number of years, has been used as a part of a commercial marina where boats are repaired, they are prepared for delivery to customers. This is not an industrial site. This is a -- distinct from commercial. I'm sorry, distinct from industrial. The neighborhoods impacted ostensibly by this application are Belle Meade, here, that face onto the site, and the neighbors to the east here. This entire area, including the neighbors to the east, are within the geographic area of the Shorecrest Homeowners Association. The Shorecrest Homeowners Association is one of those where there are -- it's voluntary membership. Last Monday night of this week, Marine Max hosted on the site here a meeting with 15 or more representatives of the community. We had the -- a number of members of the board of directors of Shorecrest. We had a number of members of the board of directors of Belle Meade. And in addition, we had members of the neighborhood who are not officially members of either of those associations. The application is simply to move the boundary lines of this commercial area one site to the east. And we have, again, another board that just shows what the current status is and the change to the future land -use map that we're requesting. This is -- in pink is the current restricted commercial in the area, including this immediately to the north of the site. This is the subject property that is currently in the residential designation, and this is -- this was -- is what the future land -use map would look like if this item is ultimately approved. Please note that we are not asking for any increase in the density or intensity. We're just simply moving this boundary line. And that is the official presentation. At this point I'd like to call on Mr. Lowrey to give you some background on Marine Max, what they do and what this change means to their operation. Chair Suarez: Okay. Before doing that, I want to know if there's any member from the public that wishes to speak on this item? Come on up. Two minutes, sir. Horacio Stuart Aguirre: I would very much, but perhaps you want to allow the applicant to finish their presentation. Chair Suarez: If you'll defer to them, then I will -- Mr. Aguirre: I will defer to them and let them complete their presentation. Chair Suarez: That sounds good to me. City of Miami Page 124 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Priscilla A. Thompson (City Clerk): I'm sorry, Chair. You do have some individuals on this side of the room who said they wanted to speak. Chair Suarez: Okay. Sam Lowrey: Good afternoon. Thank you. My name is Sam Lowrey. I'm the director of real estate for Marine Max. We acquired this property back in September of 2005 and have been operating it as a commercial boat -- recreational boat repair and service yard. The folios, as Lynn pointed out to the west of this property, are all currently zoned T5-O. The request to extend that transect line to include this parcel to the east would allow us to have all of the property zoned appropriately for our marine -related commercial uses. We appreciate your consideration. And I'd like to thank Mr. Garcia for his help and his staff. We've been working to try to find a resolution for this for a number of years since we bought in. His staff has been very helpful in bringing forward a solution that we're here today with. Chair Suarez: They're amazing. Mr. Lowrey: Thank you. Chair Suarez: I agree. Mr. Aguirre, you're recognized. Mr. Aguirre: Thank you, Chairman Suarez, Vice Chairman Sarnoff, Commissioner Gort. Horacio Stuart Aguirre, here before you as an individual, 1910 Northwest 7th Street. Excuse me, 1910 Northwest 13th Street, Miami, Florida. Commissioners, I've been coming before you for about the last ten years, and I've been telling you that we need to select and choose and support a long-term economic growth. We need to support permanent well paying jobs, not flash -in -the -pan alternatives. What Marine Max provides is just that. The marine industry, whether it's commercial or recreational, typically pays much higher wages in salaries than other comparable job opportunities, whether they be blue collar or gray collar work in Greater Miami area. Marine Max, ifI understand, is paying about 30 heads of families just in the Miami operation alone. I don't know how many thousands of others around the country. This is permanent employment at a time when we're in a severe recession, and very few companies in Miami can say that. IfI understand correctly, it's the Mayor's initiative and the initiative of every one of the five Commissioners on this dais to promote employment, to promote industry, to promote jobs and wages, and this is what Marine Max is doing. When I was growing up in Miami in the '50s and '60, I used to see Hank Myers produce the advertisements for Miami, where it was advertised that Miami was the fun and sun capital of the world. It was also advertised that we were the boating capital of the world, but for a long time we were and then we started losing this valuable industry to Fort Lauderdale and Broward County. We're working hard to bring it back. Marine Max is playing a key role to help us reach that objective. Boating is family friendly, it's family -oriented, it's conducive to the quality of lifestyle that we want. I support this. Chair Suarez: Thank you, sir. Thank you for staying within the two minutes as well. Next. Adam Dunshee: Adam Dunshee, 500 Northeast 50th Terrace. I do not have any testimony before the Commission. I just -- coming to defer my two minutes to Mr. Ken Jett, who will be speaking after me, and to allow him to speak continuously because he has a long e-mail (electronic), but nothing that will go over the two minutes allotted to him and the two allotted -- Chair Suarez: Four minutes. Mr. Dunshee: -- two minutes to me. Chair Suarez: Okay. City of Miami Page 125 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mr. Dunshee: Thank you. Chair Suarez: Thank you, Mr. Dunshee. Can you -- Madam Clerk, can you please put four minutes on the clock? Thank you. Mr. Dunshee: Thank you. Chair Suarez: Yes, sir. Ken Jett: Hello. My name is Ken Jett. I live at 8320 East Dixie Highway. I'm here at the behest of a neighbor of mine, Skip Vansell (phonetic), who couldn't be here today. He lives at 8512 East Dixie Highway. I believe that he sent all of you an e-mail. I would like to read that into the record. Chair Suarez: Sure. Mr. Jett: I agree with him in his opposition and spirit. There's a lot more to this story than a simple upzoning of a plot of land, although they don't want us to talk about it in front of you. Marine Max has already instituted a landgrab in the form of applying for an adverse possession title on a strip of land adjacent to 840 Northeast 78th Street. This is a waterfront parcel that has always been in the public trust. This is an important part of my statement, as the sum is much greater than the parts. The parcel, 013207016344 2, was originally platted and had always been up until 2008 designated river walk. Original plat book, page -- plat book 10, page 23, the corporation's representatives have made multiple incorrect statements concerning this property and likes to say it was an unplatted land. Of course, it was unplatted, as are all public streets' right-of-ways [sic], et cetera. Examine Marine Max's original title. Nowhere does it grant them the 20-foot wide, 130-feet deep riverfront strip that was in the public trust up until they filed the adverse possession claim in 2008. They like to remind us that they have paid the taxes on the parcel since 2008, a whooping $250 per year. Now the corporation wants to have property they bought to the east of river walk, that had always been a residential property, upzoned to commercial to allow them to legitimize how they've been using it illegally for the past five years. They assure the residents that they have only the best intentions. However, their past actions, landgrab, chain link fences, barbed wire, illegal use of their property does not suggest that this is the case. The corporation continues to expand. The marina has grown from neighborhood marina to a behemoth of four or five dry docks and never ceasing operations. There's -- there was always a very clear delineation between industrial marine uses and residential section that flows along Little River on Northeast 78th. That delineation was the west side of the river walk parcel. The east was/is medium -density residential. This is the way it's been to preserve the peace and quiet of the residential section. At the very least, this upzoning should be stopped until the title to the river walk property that separates 840 Northeast 78th Street from the corporation's main operation is clear. This parcel could and should very well end up back in the hands of the public as the corporation's adverse possession title is nowhere clear for at least the next three years. Chair Suarez: Thank you, sir. Mr. Jett: Thank you. Chair Suarez: The public hearing -- anyone else from the public like to discuss any rebuttal on any of issues raised? Hearing none, the public hearing on PZ.5 is closed; coming back to this Commission. Is there a motion? Vice Chair Sarnoff Motion for discussion. City of Miami Page 126 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Moved by Vice Chairman Sarnoff -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. Vice Chairman Sarnoff. Vice Chair Sarnoff I'm a little curious, Mr. Garcia, because my understanding was that there was going to be a means or a way that -- even though there's been creep into the neighborhood, there would be no ingress or egress from that parcel on Northeast 70 -- Ms. Summers: It's Northeast 78th Street. Vice Chair Sarnoff -- 78th Street. Ms. Summers: Here. Vice Chair Sarnoff Andl have not heard that stated or suggested. Mr. Garcia: Correct, sir. And so I will take one step back and mention, as has been mentioned also in the previous meetings we've had with the neighborhood stakeholders, that when this property was purchased, and from that point in time until today, it has been operating essentially as an illegal commercial business. What they have been doing ever since they purchased the land, the present property owner is trying to bring it into compliance and this is the first necessary step towards that goal. What we have always discussed, and you're exactly right in bringing it up, is that at such time as the land is properly zoned, it would be highly desirable to then, as part of their compliance process, to study the impact that the traffic of the large vehicles that they have visiting the site has and possibly redirect that traffic to a single ingress and egress point along 79th as opposed to -- as presently they have it duly from 79th and 78th as well, but we could not get there and they couldn't either properly apply for that. Until such time as the zoning is correct, that is what is before you today, the rezoning application. Vice Chair Sarnoff Is it just rezoning and also a land -use change? Mr. Garcia: Correct, both rezoning and land use. Vice Chair Sarnoff So why would I risk making a zoning change under a predicate of an ingress and egress that doesn't exist yet? Mr. Garcia: It doesn't exist -- Vice Chair Sarnoff What mechanism do I have to ensure it happens? Mr. Garcia: That would be part of a second step. The reason why we are recommending -- and I hope to address your question, so let me first try to address your question as directly as I can. We cannot at present -- given that this is a land -use application and a zoning application cannot impose conditions on such an application, we're simply precluded from doing so. We would however be very interested in looking at the application for the proper installation of the use once the zoning is correct and look at those potential adverse impacts as it would be appropriate to do at that time. The reason why we are recommending favorably at this time for this zoning change is that we have -- what we have to compare is basically the present use of the land, vis-a-vis the as -of -right -- the otherwise as -of -right use of the land, which would be to erect a five -story multifamily building. And given the constrained infrastructure that services the site -- you know, they basically only have one point of ingress and it is already a fairly congested street as it is -- we think that the area is better equipped to handle the present use in an improved manner than it is any other as -of -right use that they would have if the land were to remain City of Miami Page 127 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 multifamily residential. Vice Chair Sarnoff. What ifI don't share your sentiment? Mr. Garcia: You're certainly very much -- Vice Chair Sarnoff. What if the only sentiment I share was a restricted ingress and egress to allow this further commercialization into a restricted residential? What mechanism do I have here as a Commissioner to impose and make sure that happens? Mr. Garcia: Commissioner, I happen -- the only way I know to answer that question is the -- I share your sentiments. We share your sentiments, and it is not an option that we have before us at this time. The rezoning of the property would provide us with that option. Ms. Summers: IfI might add to Mr. Garcia's explanation, it's our understanding from the process over the many, many months and years that we've been working with your staff is that in the circum -- unique circumstances, what will happen here, assuming that the Commission ultimately approves the land -use and zoning change, is that then we move into the warrant process. In other words, this process doesn't end at -- upon the granting of the requested changes. We must then move into that process, which -- in order for us to get to the goal line, which is to be operating legally, it's a two-step process. And in fact, there are a number of other changes that Marine Max has desired to make since the original acquisition of the property: They wish to upgrade the appearance of the site, they wish to be able to remove barbed wire; make other significant approvals. But when they approached the City after the acquisition, the original acquisition in August of 2005, they were told until they resolved this problem, that they can't pull a permit for any work there; so if the Commission agrees to ultimately approve these applications, we move into the warrant process and then we move into the permitting process. Chair Suarez: Thank you. Vice Chair Sarnoff. Here's my problem with this. I always treat every -- first off I think Neisen Kasdin kind of hated dealing with me in the past two weeks because he thought it would be real easy. It didn't turn out to be that easy. I know Ms. Summers. I know Horacio Aguirre. Nonetheless, I would treat them exactly as I treat people I don't know, so -- andl don't happen to know their clients. So I would surmise, I make this land -use change, followed by a zoning change, and they decide to sell their property because Marine Max finds a better place to operate from or decides it's no longer lucrative to be there. So alll have done as Commissioner has allowed and afforded some further egress and ingress into a residential neighborhood where the line was drawn differently before. Unless and until you can bring a mechanism to me that will treat them as the lowest common denominator -- and unfortunately, that is the law; you treat people -- you don't even need to change a law for people that do things right because they're going to do it right. You create laws for people that don't do things right. So until you can bring a mechanism to me, Mr. Garcia, that ensures me that the ingress and egress, that the barbed wire will be taken down, I can't make a land -use change here andl certainly can't make a zoning change here. So if everything has to happen simultaneous and your office has to foster that, then so be it. You want to make -- it's sort of like a simultaneous closing, you know, where we know everything occurs right here, right now because I don't know the Marine Max owner. I do know Ms. Summers. I know Mr. Aguirre. And while I may like and trust them, I don't know their client, andl don't want to legislate from the dais a mistake. Chair Suarez: Do you want to defer it until maybe we (UNINTELLIGIBLE) ? Vice Chair Sarnoff. Yeah, why don't we defer this for 60 days so you can come back with a plan, including showing us what the new and improved -- what's it called, Remax or --? City of Miami Page 128 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Ms. Summers: Marine Max. Vice Chair Sarnoff. -- Marine Max will look like? Chair Suarez: There's a motion on the floor to defer. Is there a second? Commissioner Gort: Well, first you got to take out the other (UNINTELLIGIBLE). Chair Suarez: Yeah, I think you're right. Commissioner Gort: We have to withdraw (UNINTELLIGIBLE). Chair Suarez: We have to -- do you have to -- you have withdraw your -- Vice Chair Sarnoff. I'll withdraw my motion. Commissioner Gort: I'll withdraw the second. Chair Suarez: Withdraw your second. There's a motion for a deferral. Is there a -- Commissioner Gort: Second. Chair Suarez: -- second? Second by Commissioner Gort. This is a 60-day deferral. Ms. Summers: Can I ask -- can I be heard on this? Chair Suarez: Yes, of course. Ms. Summers: And again, Marine Max wants to get to the finish line, but let me add a little bit of history. Marine Max purchased this property originally in August 2005. On their own, as they typically do, they came to the City and said we want to regularize this property. We want to operate legally. They were blocked because then zoning code 11000 had no provision that would allow them to even file for a land use and zoning. I was then brought in by their legal counsel out of Tampa to say, please, can you go down and talk to the City and give us a solution. The earliest correspondence in my file is a letter from February 2006, almost 6 years to the day, today. We have spent -- Marine Max has spent so many hours working with your various different Zoning directors, your Planning directors, and they have really tried very hard to provide a solution and for six years for a company that has been a very good corporate citizen, has tightened their belts during this economic downturn and continued to employ people. Marine Max wants to solve this problem, but the clock is ticking. And only when certain provisions were incorporated into the Miami 21 zoning code could we even get before you to solve it. So I would say Marine Max wishes to solve the problem, but time is the enemy. Please, let's do something so that we can resolve this 'cause this is not a comfortable situation for a company that prides itself on operating legally and contributing positively to the community to be in. Chair Suarez: Thank you. Mr. Vice Chair, do you need 60 days? Do you want to do 30? And then if they don't solve it in 30, then we can maybe do another 30 at that point? Vice Chair Sarnoff. That is fine with me. Andl could address some of the things that were said. I won't for purposes of I don't think it would promote us to get anywhere. But I got to believe, Mr. Garcia and Ms. Mendez, that with your institutional know-how, that there's a resolution to this issue. Mr. Garcia: IfI may address that, sir. I certainly understand clearly that what you're requesting City of Miami Page 129 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 from us is to offer this Commission a more tangible way to discern the potential advantages of the rezoning -- of this application. I happen to have met with the applicants a number of times. I know that our -- the very concerns that you've expressed here are very well aligned with their future plans for this site. And what I'm happy to do is to work with them in the next few weeks, to be determined as to exactly how long that might be, and I'd like to propose to you that we could certainly accomplish that by March 22, which will be the next like meeting. Vice Chair Sarnoff And you might even get rid of some of your opposition if they actually saw a demonstration of what Marine Max could look like. I mean, I'll tell you one thing, I abhor razor wire. I mean, I wouldn't want my neighborhood surrounded by razor wires. As a matter of fact, somebody put razor wire up on US 1. It took me three months -- I think Victoria Mendez was at them every day and that razor wire came down. Razor wires are not allowed in the City of Miami so for those of you who think you're doing well or right, go look at your code; you don't allow for razor wire. Chair Suarez: Thank you. So is that a modification to your motion? Vice Chair Sarnoff Thirty days is fine. Chair Suarez: Motion has been modified. Does the seconder agree with the modification? Commissioner Gort: Yes. Chair Suarez: All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: PZ.5 is deferred until the March -- Ms. Thompson: Twenty-second. Ms. Garcia -Toledo: Twenty-second, sir. Chair Suarez: -- 22 meeting. PZ.6 ORDINANCE 11-00700zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00700zc CC 03-22-12 FR Fact Sheet.pdf 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11-00700zcApplication & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff- District 2] City of Miami Page 130 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 D1.1 APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property to "T5-O" Urban Center Zone -Open. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note for the Record: Please refer to Item PZ.5 for minutes referencing Item PZ. 6. Chair Suarez: Do we want to do the same thing for PZ. 6? Vice Chair Sarnofff. Same. I'll make the same motion. Chair Suarez: Moved by Commissioner Sarnoff -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Lynn Summers: Thank you. Chair Suarez: Thank you. 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 City of Miami Page 131 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 12-00107 DISCUSSION REGARDING FOOD TRUCKS. 12-00107 Email - Food Trucks.pdf DISCUSSED Chair Suarez: I would like to start with the PHs (Public Hearings) so we can have the social service entities get going, but I'm hesitant to do that without all five Commissioners present. I know that Commissioner -- I just saw Commissioner Spence -Jones. I think she's in the -- she may be in the chambers, and I'm not sure where Commissioner Carollo is. So let me see if there's something else that we can take up. Commissioner Gort, do you want to do your discussion item on food trucks or --? Commissioner Gort: Yeah, that'll be fine. Yeah. We save some time. Chair Suarez: Right. Commissioner Gort: The reason I'd like to bring this item up, the food trucks. I've seen them all around, all over the place, and think they get a lot of publicity and they're very good in certain areas, but although it's not that affect in my area, I know within the District 2, we have individuals that have spent a lot of money setting up their restaurants and their businesses and all of sudden you got those trucks going into the parking lot providing food. So I want to know what is the procedure for these things to take place. Barnaby Min: Good morning. Barnaby Min, Zoning administrator. Food trucks currently are able to operate in the City ofMiami if they obtain either a temporary permit from the Office of Zoning or if they have a peddlers license from the Finance Department. The peddlers license obviously requires them to constantly be moving, unless transaction's occurring, similar to like an ice cream truck. The temporary permit issued by Zoning allows them to be stationed at a particular location for the amount of time specified in the permit. And there's notices that need to be sent to all the abutting property, so if there's restaurants that are abutting, they would be notified. Currently the Admini -- Commissioner Gort: Okay, go ahead, keep going. Mr. Min: -- Administration is looking at creating additional regulations concerning food trucks because we do know it's a phenomenon not just here in the City ofMiami but throughout the entire country that many municipalities are looking at. We've already drafted preliminary legislation that only affects private properties. Rather than presenting that to the Commission, we think that further modification need to be made because there are also food trucks located in the public right-of-way, so I'm working very closely with Dr. Ihekwaba to ensure that we draft appropriate legislation to then present to this Commission hopefully next month. Commissioner Gort: The reason I'm bringing this up because you have these legitimate businesses who spend a lot of money in creating their facility. They got to provide the -- pay for the licenses and all the taxes that we require. They have to pay for the insurance and all that. And all of a sudden you've got those trucks pulling in and there goes their business for that day. Mr. Min: And one of the proposed regulations that we're considering for the legislation that we'll be presenting to you is a distance separation requirement from any established restaurant. Before we draft it, of course we are -- Dr. Ihekwaba and myself will have briefings with each of the Commissioner to take any advice or suggestions that you may have to ensure that the legislation appropriately addresses all concerns. City ofMiami Page 132 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Gort: 'Cause I can assure you, the one I've seen, the restaurant's owner in that area did not receive any notification. So I want to know also what are we doing to make sure that they comply with that regulations. Mr. Min: I do have to defer to Code Enforcement on that issue. I will admit that there are many food trucks that are operating without the appropriate permits. Unfortunately -- you know, again, I'll defer to Code Enforcement. I know that the issue that they run into is by the time Code Enforcement gets there, the food truck drives away, so that's why there are some enforcement issue that we also need to address, which hopefully will be addressed in the proposed legislation. Commissioner Gort: Okay. Thank you. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes, Commissioner Sarnoff. I mean, Vice Chairman. Vice Chair Sarnoff Thank you. Commissioner Gort, I wasn't aware that you're bringing this up, and I've kind of sat, I think, patiently with this Administration, with Barnaby, with Zerry. And you know, I -- certainly before the election, I was given strenuous advice not to oppose food trucks andl heeded that advice. However, I think, like Commissioner Gort, I often wonder the wisdom of allowing our city to be such an open door mat to food trucks because -- just to use like, for instance, Commissioner Spence -Jones, she probably knows exactly what it cost 'cause I know they just did it really -- Shane did it on 7th Avenue. You know, for a restaurant, they have to turn around, they have to get a grease trap, and while that may mean nothing to us; that's almost $100,000. They have to get a hood: $50, 000. They're then expected to pay the rent and/or the taxes attendant that, and that's how we as a city give them police and fire support. A food truck pays us -- I don't know if it's 50 a year, 100 a year, and that's it. And that food truck could be sitting two blocks away from Shane's business selling the exact same food that Shane sells and he could do it at a much discounted price, which, to some people, is important. They also have a mystique about them because they have what's called food truck rallies. The Miami Herald is big responsible party for creating this rally. What often happens at the rallies is -- and I know this was pre Barnaby, but before Barnaby, they had no bathroom facilities, they had no garbage facilities, and they would leave the rally as if there was a parade there, and the City of Miami, of course, wasn't prepared for a parade. So I think what Commissioner Gort said is he shares maybe my sentiments that this may -- this is something needs to be looked at because you ask a Jose Goyanes or a Shane to invest hundreds of thousands, and in Jose's case, maybe close to a million dollars into a restaurant and then a food truck sits in Bayfront Park two blocks away from him and is that taking away a customer from him when he's paying taxes to the City of Miami and that food truck is paying us -- yes, that's right -- under $100 a year for the glory of sitting in Bayfront Park and serving our residents. I think it's actually a recipe of how you fail a city. Some of you might think well, it's an accommodation you can make, and maybe it is an accommodation you can make, but certainly start out on the end of the ledger saying this is something that doesn't seem appropriate. I could be brought to the ledger if you put some time, place, and restrictions in there 'cause I think it's our primary responsibility to protect the business owners that invest in Miami as opposed to the business owners that buy some Goodyear truck tires and roll through Miami. Chair Suarez: Thank you. Any further comments on the Commissioner's discussion item? Commissioner Gort, do you have any parting thoughts or --? Commissioner Spence -Jones: I just wanted to -- Chair Suarez: Yes. City of Miami Page 133 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: -- ask. I know Commissioner Gort is taking the leadership on this. Just so that we're clear, Barnaby, what would be the next steps on an issue like this? Mr. Min: As I stated, there's legislation that has currently been drafted. Dr. Ihekwaba andl are modifying the legislation 'cause we think there are actually some further regulations that needs to be put in place. He andl, once we finalize that draft, we'll then be reaching out to all the Commission offices to take any input that you have. We'll also reach out to the public to see if there's any other suggestions that need to be taken into consideration. And then we hope to present the item to the City Commission for first reading in March. Commissioner Spence -Jones: In March, okay. If we have any suggestion, you know, we can -- I'm assuming that we could just pass it along to you guys? Mr. Min: Of course. Commissioner Spence -Jones: All right. I like the haircut, Barnaby. Mr. Min: Thank you, ma'am Chair Suarez: Commissioner Gort, any further --? Commissioner Gort: No. I think the -- we needed to discuss that so we can come up with some recommendations, like distance might be something very favorable. Chair Suarez: Thank you. Chair Suarez: I'd like to take up the PH (Public Hearing) items relating to CDBG (Community Development Block Grant) so we can get our seniors -- Ileana Arriola: Chairman, may I say something about the food trucks? Chair Suarez: Yes, of course. Ms. Arriola: Okay. I haven't been to one; my daughter has. Chair Suarez: Excuse me. You have to -- Ms. Arriola: Oh, I'm sorry. Chair Suarez: -- state your -- Ms. Arriola: Ileana -- I keep forgetting -- Arriola, 800 Northwest 13 th Avenue -- Chair Suarez: Thank you. Ms. Arriola: -- Apartment 1014 -- Chair Suarez: Thank you. Ms. Arriola: -- 33125. Like I said, I was -- I have never been to food trucks. My daughter has been telling me, vieja, let's go to the food trucks and have fun. Chair Suarez: V eja means old. Ms. Arriola: Yeah. She has -- and she's not the only one. There's a lot of people that go there City of Miami Page 134 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 that are pure; they're not into drugs or anything like that. They just want to have fun. And like I said, you, Commissioner Sarnoff, even though we have nice restaurant in Coconut Grove, cannot force me not to go to a restaurant in Allapattah. That's my decision. Why don't you take your constituents and the people's right and the people's choices whether you should have the food trucks or not. I mean, we, the people, can handle that. Commissioner Gort: Wait a minute. Ms. Arriola: Get the appropriate money that is supposed to be given to the City. Commissioner Gort: No, no. Chair Suarez: Hold on a second. Commissioner Gort, you're recognized. Commissioner Gort: You don't understand the point. We're not against the food truck. I think a food truck is great and they can have it at the right places, but I don't want to have it next to a restaurant that is paying rent, is paying taxes, and is paying over a million dollars creating a place. That's not a fair competition. Ms. Arriola: No. Commissioner Gort: That's being -- working against the resident or business person in the City ofMiami that's paying. So we're not against the food truck. We're not saying anything we allow them, but with a location where they can have their fun, they can have their parties and all that. We're all for it. Chair Suarez: Thank you. Ms. Arriola: Okay. It's like always (Comments made in Spanish not translated). Chair Suarez: Okay. So like I said, I think that concludes that discussion item. END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 12-00150 (D2.1) 12-00150a UPDATE ON THE REACTIVATION OF THE NUISANCE ABATEMENT BOARD. 12-00150 Reactivate Nuisance Abatement Bd.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. City ofMiami Page 135 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 APPOINTEE: NOMINATED BY: Chris Manson Commissioner Michelle Spence -Jones Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0067 Chair Suarez: D2.1, sir, and then we're done. Vice Chair Sarnoff. Oh. Chair Suarez: Three discussion items and we're done. That's all that's left between us -- Vice Chair Sarnoff. How did Commissioner Gort get --? I was just looking at it. Chair Suarez: -- and the Heat game. Vice Chair Sarnoff. How did Commissioner Gort get D1.1 done ahead of time? Chair Suarez: That's all that's left between us and the Heat game is all your discussion items. Vice Chair Sarnoff. There you go. I'll be quick. Mr. Manager -- whoever's up there. Just give me a face. There you go, Francisco. Chair Suarez: There we go. Vice Chair Sarnoff. The Nuisance Abatement Board, it's my understanding, has not met in the better part of two or three years. That is as a result of some Commissioners not having placed people on the board or some people getting placed on the board and realizing they didn 't want to be on the board. Recently, you may have heard about a murder that was create -- that was -- happened very close to the Cushman school. It was probably about two or three months ago, but then again, everything is two or three months to me so it could have been a little bit longer. Had the Nuisance Abatement Board been instated, as -- and let me go back a moment. If you have a certain number of drug arrests or you have a certain amount of prostitution in a particular venue, in a home if you will -- this happened to have been a home -- you can then go to the Nuisance Abatement Board, and should they refuse to cease and desist, that actual property can be destroyed, can be taken down. Years ago the City ofMiami did this, and it was a bow in their quiver that was used. For about the past four years -- I'm kind of looking at Michelle Spence -Jones over there because I think it was up and running when you andl were here. I think at some point it was. But shortly thereafter, it stopped. This particular property that I'm speaking about is owned by a guy in West Palm Beach. He lets his son operate it, and it happens to have been subdivided into seven separate units. So you have an out-of-town landowner letting his son operate it and it's illegally being operated; yet, as you know, we can put as many code enforcement liens as we want on this property because it doesn't fit the special assessment category. We'll just keep liening it and liening it. It's imperative that each Commissioner put their person on the Nuisance Abatement Board. It's just -- it's a good police tool, and can assure you, the police don't bring every Tom, Dick and Harry claim to the Nuisance Abatement Board. They're pretty judicious in bringing the claims they want. Now I'm sort of looking at City ofMiami Page 136 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones. You want to have a nuisance abatement board. That is a very useful board for your neighborhood. It's a useful board for my neighborhood. It's something that is just -- it's a missing part of our enforcement mechanism, andl implore each Commissioner to make sure you've made the appointment, and for any Commissioner who's missing here today to maybe make his appointment because that's an appointment that needs to be made. But we could do without one appoint. We can't do without two appointments. Commissioner Spence -Jones: I -- Madam City Clerk, how many -- oh, you're going to let us know who --? Priscilla A. Thompson (City Clerk): I was just going to pull up the information. If you just give me a second. Commissioner Spence -Jones: Okay. 'Cause I'm almost sure that in one of our board meetings, I did appoint, I think, Herschel Haines or somebody along -- Ms. Thompson: Oh, Mr. Haines respectfully declined the appointment. Commissioner Spence -Jones: Okay. So how many people do we actually have on the board? Oh, okay. Chair Suarez: At least he declined it respectfully. Commissioner Gort: You need three. Commissioner Spence -Jones: You need at least three? Commissioner Gort: Minimum to have quorum, right? Ms. Thompson: If you -- I was trying to get it electronically. Can you give me a second? Commissioner Spence -Jones: Sure. Ms. Thompson: I can pull up my hard copy. Commissioner Spence -Jones: I would just be curious to see. Ms. Thompson: Thank you. Commissioner Gort: Mr. Chairman. Chair Suarez: I think have one. I think have mine on -- Vice Chair Sarnoff. I think yours is on. Chair Suarez: Yeah, yeah. Vice Chair Sarnoff. Andl think, Willy, your person -- Commissioner Gort: He's on. Vice Chair Sarnoff. -- got on, refused, andl think you've -- no? Commissioner Gort: It's on. City of Miami Page 137 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Vice Chair Sarnoft It's on now? Commissioner Gort: The person I put on -- the biggest problem they have -- couple of the meetings (UNINTELLIGIBLE) have come to the meetings, they didn't have enough individuals to have a -- Chair Suarez: Yeah, that's what he's saying, quorum. Commissioner Gort: They didn't have the -- what you call them, the quorum. Vice Chair Sarnoff The board is comprised of what, our appointments? And does the Mayor make one? Does the Manager make one? Commissioner Spence -Jones: That's what I'm trying to find out. Chair Suarez: You want -- Francisco Garcia (Director, Planning): If you'd like, sir, Mr. Anel Rodriguez, with the Hearing Boards Office, is actually here, and they coordinate the board so he can address that question. Vice Chair Sarnoff Help us. Tell us what's going on. Anel Rodriguez: Good evening, Commissioners. Anel Rodriguez, from Planning & Zoning. Currently, the board, there are five members, appointed by each one of you. The City Manager nor the Mayor has an appointment. We have three, I believe, but the Clerk's office will confirm that. We currently have three members and that constitutes quorum. Chair Suarez: And obviously we know that Commissioner Spence -Jones member respectfully declined. Commissioner Spence -Jones: Right. Chair Suarez: And what's -- Commissioner Spence -Jones: Andl didn't know that until now. Chair Suarez: Yeah, I know, I know, I know. I'm just saying we just found out that he respect -- Mr. Rodriguez: So didl. Chair Suarez: And what about -- what's the other one? Is it -- what's the other district that's (UNINTELLIGIBLE) -- is it District 3? Mr. Rodriguez: Yes. Chair Suarez: Okay. Cool. Commissioner Spence -Jones: Is there any particular requirements that -- they have to -- do they have to be City residents? Mr. Rodriguez: I don't think so. Commissioner Spence -Jones: 'Cause I can go ahead and appoint someone right now. Chair Suarez: That's a good idea. City of Miami Page 138 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: Yeah. Julie O. Bru (City Attorney): Commissioner, the code requires that the individuals either reside, own property or maintain a business within the City ofMiami. Commissioner Spence -Jones: So they can own property in the City ofMiami then. Okay. Commissioner Gort: Or own a business. Commissioner Spence -Jones: Okay. Yeah, they can. Chair Suarez: Do you want to --? Commissioner Spence -Jones: I have someone. Do you want me to -- can I appoint them now? Chair Suarez: Go ahead. Commissioner Spence -Jones: Or does it have to be advertised or anything? Ms. Bru: The Clerk. Ms. Thompson: No. Mr. Rodriguez: No. Commissioner Spence -Jones: Okay. So I'd like to appoint Chris Mason, M-A-S-O-N. He's a property owner in the district. Chair Suarez: There's a motion to appoint -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: We got four. Commissioner Spence -Jones: You have four. Vice Chair Sarnoff Okay, we got four. Mr. Rodriguez: Just -- Vice Chair Sarnoff Maybe -- Chair Suarez: Hopefully he accepts. Vice Chair Sarnoff And I know Commissioner -- Commissioner Spence -Jones: He will. Vice Chair Sarnoff -- Carollo never doesn't hear us, so I know he's listening right now -- City ofMiami Page 139 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: We know he's listening. Vice Chair Sarnoft -- and he is thinking about who he's going to be appointing. All right. Chair Suarez: And we're sure he's going to do it by the next meeting, right? Vice Chair Sarnoft Exactly. Chair Suarez: Okay. Vice Chair Sarnoff Because you're going to remind him, right? Chair Suarez: Right. D2.2 DISCUSSION ITEM 12-00101 DISCUSSION REGARDING CITY ATTORNEY AND BUDGET OFFICES SHOULD BE EXCLUDED FROM CIVIL SERVICE REQUIREMENTS. 12-00101 Email - Excluded from Civil Srvc. Rqmts. pdf DISCUSSED Direction by Vice Chair Sarnoff to the Administration for the Director of Human Resources to work with all Department Directors on creating an assessment of positions within each department to determine if the director recommends changing positions from the designation of classified service to unclassified service; further directing that a report on this matter be provided to the Commission within 40 days. Chair Suarez: D2.2. Vice Chair Sarnoff This is a discussion, Mr. Chair, regarding the City Attorney. I'd like to use her because -- I think Commissioner Gort kind of said it best and he said it a number of times. I won't mention where he said it, but it was an appropriate place to say it and that is secretaries. Right now, if you are a Civil Service secretary in the City of Miami -- I happen to know of a circumstance where a person left Steel Hector and Davis was earning approximately $50, 000 a year and since has left the City ofMiami after another ten or fifteen years of successful service earning $120, 000 a year as a secretary. Commissioner Spence -Jones: Here? Vice Chair Sarnoff Now -- yes, City ofMiami. I can assure you, in the private sector a secretary can never rise to that level. I checked before I came here, and we pretty much agree amongst ourselves as lawyers, the most you're ever going to see a secretary make is 50. Could there be an attorney doing extremely well paying a secretary 60? Maybe. But pretty much, they cap out at 50 to $60, 000 a year. My question to this Commission is if Ms. Bru has to have Civil Service people in her office, which is, in and of itself interesting because I think as attorneys, you know you need to be able to hire and fire pretty freely, especially secretaries, especially because of the sensitive material in which they're at least privy to. I really want to figure out how do we disengage -- just as a pilot project, how do we disengage the City Attorney office from the requirement of -- from the non lawyer position, having to have Civil Service people on board? City ofMiami Page 140 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: And we also --just to buttress your point, we also had an incident in the City Attorney's office where an employee was caught stealing documents and was fired and the Civil Service Board reinstated that employee so that, to me, sounds -- Vice Chair Sarnoff And by the way, that could have subjected her -- Chair Suarez: Of course. Vice Chair Sarnoff -- to -- Chair Suarez: A Bar complaint. Vice Chair Sarnoff -- a Florida Bar -- Chair Suarez: Of course. Vice Chair Sarnoff -- problems. Chair Suarez: Of course. Vice Chair Sarnoff And I wonder whether the Civil Service trumps the Florida Bar. Chair Suarez: Absolutely not. Vice Chair Sarnoff Because you are -- Chair Suarez: Not for a lawyer. Vice Chair Sarnoff -- responsible, as the attorney, for the secretary. Chair Suarez: Yeah. Andl think she took action and, unfortunately, it wasn't upheld. I -- this sounds like a charter change andl would wholeheartedly support you on your charter change. Commissioner Spence -Jones: So -- I guess this happened when I was gone? Vice Chair Sarnoff Yeah. I think -- Commissioner Spence -Jones: Oh, okay. Would some -- Julie O. Bru (City Attorney): Yeah. Commissioner Spence -Jones: Was it, what, a confidentiality thing? Ms. Bru: It was a breach of confidentiality. It was. The -- our charter defines what the civil service of the City ofMiami consists of and you're either in the classed service or you're in the unclassified service and our charter limits those positions that can be in the unclassified service. And as far as, for example, my office, I only have four members of my staff who are unclassified. Those are the people that are at will that can be terminated without having any rights of appeal. So the rest of the members of my staff are protected by the Civil Service position that they hold. Now they're classified but they're called managerial confidential so they don't belong to the union, but they're still part of the classified service and they still have Civil Service rights. For example, ifI -- when I went through the process of a workforce reduction andl had to eliminate positions in the paralegal, which I did unfortunately -- I didn't want to, but I had no choice but to do the workforce reduction -- that set in motion a whole series of rollbacks where individuals who were paralegals then assumed positions in the litigation assistant classifications and -- you City ofMiami Page 141 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 know, it's not a very -- it's not conducive to being able to operate a law office -- Chair Suarez: True. Ms. Bru: -- you know. The members -- the litigation assistants who are members of the classified service are hourly employees, so if you have a situation where you're working on something, you have an appeal, you have, you know, documents that need -- you can't keep them, you know, over time. You know, we don't have an overtime budget so, again, that poses another problem that if they were unclassified, we wouldn't have to worry about the wage and hour issue. Chair Suarez: Madam Attorney, I also wanted to say that -- I know I don't have to remind the Vice Chairman of this. Couple years ago we narrowly attempted to -- right -- deal with our Civil Service by taking it out of the charter and making it an ordinance and we lost. I supported you on that. Vice Chair Sarnoff No. I -- Chair Suarez: We lost-- we -- Vice Chair Sarnoff -- why were we able to do that? Why were we -- why was the attempt -- why were we allowed, other than through a charter change, to attempt to do that? Chair Suarez: No. It had to be through a charter change and we were -- Vice Chair Sarnoff That's what we were voting for, was --? Chair Suarez: Yeah, we were voting for -- to put it on the ballot. We put it on at the same time as the MPA charter amendment and it failed 3-2, andl think the consensus of the Commission at the time was that they have no issue with civil service reform. They just wanted it to be better defined. And so what I would urge you and challenge you is to come up with a comprehensive civil service reform that includes this -- your item because I would support it wholeheartedly. So you know, I think -- Vice Chair Sarnoff Well, I'm going to put the obligation on the City Attorney. I'm going to ask you to help me with the drafting of excludingyour office and that of Budget. I think those are two offices that need to be able to turn on a dime, and turning on a dime means -- I can't imagine -- I don't know how this works in other countries, but can you imagine if a hospital was civil service and the nurses were civil service and the doctor asked for something and she kept on handing him the wrong scalpel, or whatever you might want to call it, and she could not be terminated from that position? We wouldn't tolerate that. Now I'm not saying what you do is as important as what a doctor does, but it has certain financial implications to the City ofMiami Budget equally has financial implications. I'd hate to work in Budget three weeks before the Commission votes on budget because you guys are running frenetically around. Andl would hate to hear, well, let me -- and I'll close. I won't belabor this. But would hate to hear somebody say to me it's 5 o'clock; got to go, andl think you've confronted that, Danny. Commissioner Spence -Jones: Mr. Chair -- Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Spence -Jones: I would like to ask if Commissioner Sarnoff -- because obviously, there might be some other issues in other departments 'cause I see department heads run from all over to say we may have that same issue. Chair Suarez: Right. City of Miami Page 142 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: So is there any way that we can ask for there to be an assessment of the overall departments to see -- and then I see the union coming up. Okay, no, no. Okay. -- to see if, you know, we can look at all the other departments to see if this is an impediment in the other departments as well. So City Attorney's office is not the only one or Budget is not the only one that's singled out in that area. It might be other departments that might be affected as well. Vice Chair Sarnoff I agree with you. I want somebody to own this other than me. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff 'Cause it's too big for me. So who would like to own this? Ms. Bru: I think this should be properly owned by your administrator. The administrator is -- Vice Chair Sarnoff Yeah, I need a guy with a pulse and a heartbeat and see Barnaby Min over there. Chair Suarez: Barnaby. Commissioner Spence -Jones: And he has a great hairdo. Chair Suarez: I don't know who's going to own it, but could tell you that I'm going to support it SO. Ms. Bru: You know -- Vice Chair Sarnoff Barnaby, if you step up for a sec? Commissioner Spence -Jones: Second. Moved, second. Chair Suarez: You know, you only -- Vice Chair Sarnoff You know, I got to tell you -- Chair Suarez: -- need one more vote, buddy. Vice Chair Sarnoff -- Barnaby, when you look that original, you just -- you're a hit. I know you're going to get a date tonight. Barnaby Min (Zoning Administrator): I'm so excited. Vice Chair Sarnoff So here's your date, Barnaby, you and me. Commissioner Spence -Jones: Are you -- Mr. Min: Can I --? Vice Chair Sarnoff Would you work on this with me? Would you come up with an assessment from the other departments, including the City Attorney, as to how and why they believe that they should not have a requirement? Commissioner Spence -Jones: Actually, Julie is saying this should really be a HR (Human Resources) issue, not really a Planning & Zoning. City of Miami Page 143 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Ms. Bru: This is a personnel issue. This is -- you have an administrative -- Vice Chair Sarnoff Do I have HR back there? Commissioner Spence -Jones: Yes. Chair Suarez: Yeah, I'm sure they are. Vice Chair Sarnoff Okay, HR, can you come up? Commissioner Spence -Jones: HR? [Later..] Chair Suarez: Commissioner, do you want to go back to D2.2 with --? Vice Chair Sarnoff Yeah, and I'll be quick. Chair Suarez: Ms. Pruitt. Vice Chair Sarnoff Ms. Pruitt, I don't know -- and I'm sure, like Commissioner Carollo, you were out there diligently listening to this meeting so you heard what we said, right? Beverly Pruitt (Director, Human Resources): Yes, sir. Vice Chair Sarnoff So all I'm asking is for you to do a report to us; what the departments would be well suited, suited at all, maybe in a hierarchy, in a degree of not having the obligation of having -- Am I using the word right, civil service or classified or un--? Ms. Bru: What you're talking about would be which positions should be excluded from the classified service and then included in the unclassified service. Ms. Pruitt: Okay. Chair Suarez: And what would add to that is just that it not be confined only to the Budget and the City Attorney's office, as Commissioner Spence -Jones mentioned; that it be looked at holistically, the whole City, so that -- because -- Ms. Pruitt: Okay. Chair Suarez: -- if we're going to do this, we might as well do it right one time and move on, you know, because -- you know, charter changes are something that you do and then hopefully you don't have to do for a long time afterwards. Ms. Pruitt: Okay. Vice Chair Sarnoff Can you get this done in the next 40 days? Ms. Pruitt: It sounds reasonable. I believe we can. Vice Chair Sarnoff Thank you. Ms. Pruitt: Um-hm. D2.3 DISCUSSION ITEM City of Miami Page 144 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 12-00102 DISCUSSION REGARDING TCO SHOULD NOT BE ISSUED PRIOR TO COMPLETION OF THE RIVERWALK AND OR BAYWALK. 12-00102 Email - Issued TCO - Riverwalk & Baywalk.pdf DISCUSSED Direction by Vice Chair Sarnoff to the Administration for the Planning Director to draft legislation that requires riverwalks/baywalks to be completed before a TCO (Temporary Certificate of Occupancy) is granted, when applicable. Chair Suarez: D2.3. Let's keep going and then -- Vice Chair Sarnoff D2.3. Chair Suarez: -- we'll come back when HR (Human Resources) is ready. Vice Chair Sarnoff I wish I really had the Manager here for this. Sergio, kind of come up; it's not your fault, but here's what happens. In all our Buildings there are issued TCOs (Temporary Certificates of Occupancy) and there are issued COs (Certificates of Occupancy) not by the Building Department's inspection of the building, but through Code Enforcement's inspection of the Building. Now why is that - if that's true -- why is that -- you guys do, you guys do the finals? Sergio Guadix (Director, Code Enforcement): No. What we do is the zoning final. Vice Chair Sarnoff Right. Mr. Guadix: That's all we do, the zoning final. Vice Chair Sarnoff Well -- Mr. Guadix: You still have to have the building final done, the electrical, the mechanical. All those finals have to be done. Vice Chair Sarnoff You're the last guy to inspect the place. Mr. Guadix: No, not necessarily. We just do the zoning final inspection. Andl am very stickler about that to say we are not the last ones. We are just one part of the inspection process. Vice Chair Sarnoff All right, so -- Mr. Guadix: And by the way, Sergio Guadix with Code Enforcement. I'm sorry. Vice Chair Sarnoff So now I got to squat you a little bit then, Sergio, since you want to own this. Mr. Guadix: Okay. Vice Chair Sarnoff There are a number of TCOs and COs that have been issued up and down the river, and those TCOs and COs were issued despite the fact that they had an obligation to complete the river walk and, unfortunately, that particular TCO is issued based on your -- not you personally -- but your office sign -off. And what's happened since then is a number of these buildings have either gone into foreclosure or now owned by condo associations that are City of Miami Page 145 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 unwilling to fulfill the obligations that they were cast upon by this Commission to complete the river walk. It's -- I could go through the list. It's Neo Vertika. It's everyone that you see that doesn't have a river walk. The obligation was placed on them in 11000 by a former Commissioner sitting in your seat. I think Michelle andl were up here for a little while. But -- and for a large part, they'll never get done. So my statement is this, the TCOs should never be issued prior to the completion of a required bay walk or a required river walk, andl think that's something that the Manager needs to start taking ownership of. Andl don't -- andl believe there's been, Mr. Guadix, some elements of not -- people not reading plans correctly 'cause it's really not what Code does well. You really don't read plans that well and you miss things. Mr. Guadix: Right. Vice Chair Sarnofff. And I think it should have been Building's obligation to ensure that, in fact, the river walk, the bay walk was built. Chair Suarez: You might want to think about codifying. Mr. Guadix: But, Commissioner, I want to be very clear to the Commission -- I'm sorry, Mr. Chair. Chair Suarez: No, no, go ahead. Mr. Guadix: I want to be clear to the Commission; we do not do the building part of an inspection -- Chair Suarez: Got it. Mr. Guadix: -- for a TCO and we do not issue a TCO in any way. Vice Chair Sarnofff. But -- Mr. Guadix: That is the Building Department's responsibility. Andl think that you are talking about one particular case where there is an actual -- a sidewalk, that it wasn't wide enough, and an inspector from our side signed off from the zoning portion, that's all, the zoning portion. There still has to be a Building inspector, Fire inspector -- in this case there's no Fire inspector -- the building structural and -- so it's not the zoning inspector that makes that determination; just the zoning part of it. Vice Chair Sarnofff. Well, not having ever built a bird cage in my life and not knowing the building process like you do, I can tell you that somehow something isn't working correctly. We have five sites on the river walk that do not have river walks that were supposed to have river walks. Through an omission on the part of the City ofMiami, we will probably not have river walks for the next ten years. When -- had procedure just gone through correctly, we would have had a completed river walk. We have two places where a bay walk was not completed. Through an omission on the part of the City ofMiami, TCOs were issued. And then, once you issue your TCO, hey, then you issue your CO because all life safety issues have been satisfied, then you move on to the process. So we have two bay walks that, my guess, it will never be completed for the next ten years. And maybe it's good that you're up there, Mr. Garcia. This should never happen and never be allowed to happen again. Commissioner Gort: Mr. Chairman. Chair Suarez: Yes, Commissioner, you're recognized. Commissioner Gort: Commissioner Sarnoff, I can talk to you about Vertika. And you are right, City ofMiami Page 146 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 they get the TCO, but to get the CO -- they don't get the CO. We had a meeting with the Public Works. We had a meeting with the Law Departments [sic]. And we had meetings and -- in order for them to be issued a CO, they have to place a bond to make sure -- because the problems at court right now. We got a lot of those buildings, like you stated before, they're in foreclosure or they're in court so the -- whoever loses the court -- the case is the one that have to pay for the improvement of it. Now the homeowners association came to us because they had that problem. They wanted to see the CO and we've been dealing with it. Law Department and Public Works and they came up with a solution, andl don't know if that's taken place already or not. But in order to get a CO, they would have to place a line of credit or a bond, something that assure that once the case is over in the court, they would take it -- be taken care of and that's one of the ways that we looked at it that we could be done. Vice Chair Sarnofff. Okay. And l just want to make sure that what -- 'cause it's about seven buildings, Commissioner. Commissioner Gort: Right. Vice Chair Sarnofff. Andl think you're speaking of one or two. Commissioner Gort: Right, just one. Vice Chair Sarnofff. Just one. Commissioner Gort: The one I got involved with. Vice Chair Sarnofff. Okay. Commissioner Gort: And the reason I got involved because the people came to see me. Francisco Garcia (Director, Planning): What I'd like to say on this is the following. You're exactly right, this transcends just one property. There are a number of them that we have outstanding in terms of their compliance with the river walk or bay walk requirements in the City ofMiami. They are all duly noted and they are active code enforcement/code compliance cases on each one of those, and we are pursuing diligently contact with the respective parties that have to address these issues. And you're exactly right because our leverage is so limited, we expect that the solution will be a long-term. However, what we have done in the interim -- Chair Suarez: We have no leverage. Mr. Garcia: -- as Commissioner Gort describes, what we have done in the interim -- Chair Suarez: No leverage. Mr. Garcia: -- is to institute -- Chair Suarez: That's the whole point. Mr. Garcia: -- that whenever the building itself is complete -- and he is correct in pointing out that it is ultimately a technical issue, the TCO and the CO, and you mentioned it as well, Commissioner Sarnoff -- are issued based on technical merit, meaning that the structure itself is ready to be occupied. So whenever the site work has not been completed but the building itself is ready for occupancy, what we require the developer to do is to post a bond, right, for the value of the amount of the work that has yet to be done for completion of other site improvements, including the bay walk or river walk, and that bond then is not released until such time as the work is complete to our satisfaction. That has worked very well. I can tell you that we have two City ofMiami Page 147 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 particular instances to show for having achieved the completion that you're after. And from this point forward, that is at least a stop gap. I think we can improve upon that andl think it would do us all well to consider better ways to enforce that. Chair Suarez: But has a bond -- was a bond placed on those seven properties that received the TCO? Mr. Garcia: Not in the 70 'cause unfortunately our leverage there is limited. Once the CO is issued, the ship sails. Chair Suarez: Right, but -- Vice Chair Sarnofff. Right. Mr. Garcia: These are -- Chair Suarez: -- that's exactly what he's saying. Mr. Garcia: Right. So these are two that we caught before the CO was issued, so I think the trick to it is to say before we issue you the CO, we will actually -- Chair Suarez: Absolutely -- Mr. Garcia: -- bond it -- Chair Suarez: -- which is exactly what Commissioner Gort was saying. Mr. Garcia: Precisely. -- which is the solution going forward. For the ones that have already sort of gone through that step, all we're left with at this point in time is code compliance effort. Chair Suarez: Would it help if we legislated this or is this something that doesn't need legislation? Mr. Guadix: Well -- I'm sorry. May I? That is a very big issue. I think it needs to be legislated. In Code Enforcement, our code enforcement inspectors have always had the problem with signing off on the inspection of a TCO, which they don't issue the TCO but -- they're said, look, if it's safe enough, if everything's okay, we have to because, you know, this building is losing money every day that it doesn't have a TCO, and so you're between a rock and a hard place if you're an inspector out there. So yes, I think things need to be tightened and made it easier for them. Vice Chair Sarnofff. Then instead of me giving suggestions, Francisco, could you draft an ordinance that tightens up -- 'cause I think what I'm hearing -- I'm not sure -- but I think what I'm hearing from Mr. Guadix is if it's not a component of a TCO, it's probably not going to be a component of a CO. So if, in fact, you have an obligation for a bay walk prior to -- the most pressure you're going to get on somebody is I want to open, I want to open. And you say to them, I'd love you to open, but you see that little bay walk you were obligated to build -- Commissioner Gort: You got to finish it. Vice Chair Sarnofff. -- you got to do it now. Well, I'll get to it, I'll get to it. No. You got to do it now. Before anybody puts their furniture in here, you got to do this now. Chair Suarez: And what I'm saying is that we should legislate that so that it's clear and it's not even a discretionary call. Like obviously the ball was dropped on those seven buildings, the City of Miami Page 148 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 TCO was issued, you know. So if you legislate it, it's clear -- and that also helps staff because they don't even -- they're not put in a position where they have to -- Vice Chair Sarnoff. They have no discretion. Chair Suarez: -- make a call. Yeah. Vice Chair Sarnoff. So, Francisco, would you bring something in the next 50, 60 days? Mr. Garcia: Most certainly, sir. And just again to make the record clear, we have -- I'm representing to this Commission that we have an administrative policy in place that serves fairly well as a stop gap -- Commissioner Gort: Yeah. Mr. Garcia: -- but I think it would serve us all well to actually translate that into legislation that goes before you so that we can have that instituted in this City. Chair Suarez: Thanks. Vice Chair Sarnoff. Thank you. D2.4 DISCUSSION ITEM 12-00195 DISCUSSION REGARDING ADULT ENTERTAINMENT STORES OPERATING IN VIOLATION OF MIAMI21'S REGULATIONS. 12-00195 Email - Violation Miami21's Regulations.pdf DISCUSSED Chair Suarez: D2.4. Vice Chair Sarnoff. D2.4 is just a discussion regarding adult entertainment stores operating in violation ofMiami 21. For those of you that don't know, we had a place up on Biscayne Boulevard open up. I think they got a CU (Certificate of Use) based on retail, and the next thing they know they were selling a lot of things that are attendant to an adult bookstores. Tell me how it happened. Tell me -- Chair Suarez: Or so you've heard. Vice Chair Sarnoff Yeah, I haven't been there. It's all hearsay from e-mails (electronic), but I got a lot of e-mails on it. Barnaby Min: I have to defer to Code Enforcement. Barnaby Min, Zoning administrator. What happens is that the -- Vice Chair Sarnoff. We sent you in there. What were you able to find? Mr. Min: I did not go in. If that's another date you would like to go on, sir, I'm sure we could arrange that. Chair Suarez: Is that why your hair is kind of -- City ofMiami Page 149 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Vice Chair Sarnoff. Touche. Chair Suarez: -- standing up; you went in there and like putting your finger in a light socket or something? Mr. Min: What happened is that the applicant applied for a Certificate of Use. Obviously, they tell us what they plan on doing. We fill out the application. We tell them what the fee is. It then needs to go through inspections. Code Enforcement goes out there; does the inspection. Again, I'll defer to Code Enforcement. But it appears that at the time the inspection is conducted, the use is appropriate. After the inspections are passed, the CU's actually issued, and that's when they've "changed" the use without approval from the City. So because of that, Code Enforcement has taken appropriate action. The police department has been involved. I'm assuming your inquiry is why haven't we taken further action; actually shut them down? We have been in communications, and I've seen newspaper articles and whatnot concerning the specifics of the location. And there have been some arguments by the other side that they are, in fact, a retail store and not an adult entertainment store; and because of that, I think it is appropriate to actually go through with the due process of having a hearing where that can be flushed out before an actual board to make factual determinations before we actually take any further action of actually shutting them down, revoking the CUs, BTRs (Business Tax Receipts) and thing of that sort. Chair Suarez: Thank you. Vice Chair Sarnoff. Okay. So there is a -- Mr. Guadix, there is a Code Enforcement matter which cites them as, I take it, in laymen's terms, operating an adult book store with a Certificate of Use for retail. Mr. Guadix: Yes, sir. Vice Chair Sarnoff. And they're not correctly zoned to be an adult book store. Mr. Guadix: Yes, sir. And they also did work without a permit in there, and they've had signs in there that are not allowed, so we have the whole package coming before the board. Vice Chair Sarnoff. And that's going in front of the Code Enforcement Board or special --? Mr. Guadix: In front of the Code Enforcement Board. And we'll have further information from the police that we've been working with. We have evidence that we will bring forward that hopefully will really close this case. Vice Chair Sarnoff. Okay. You have seen the -- what do you call them, the e-flyers (electronic), e-mails, and the e-things [sic] of what they're going to sell out of there and what they're going to do in there? Mr. Guadix: I have, and -- Vice Chair Sarnoff. Okay. Mr. Guadix: -- it's -- that's all helping us to build our case. Vice Chair Sarnoff. I gotcha. Okay, thank you very much. I apologize for taking so long, gentlemen. Chair Suarez: Not at all. Meeting adjourned. END OF DISTRICT 2 City of Miami Page 150 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 NA.1 12-00233 NA.2 12-00235 NA.3 12-00238 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED FOR THE PASSING OF ELOY VEGA, CITY OF MIAMI CODE ENFORCEMENT INSPECTOR, AND WHITNEY HOUSTON, SINGER AND ENTERTAINER. DISCUSSED Chair Suarez: Before moving on to the presentations and proclamations, I'd like to observe a moment of silence for a former City ofMiami employee, Eloy Vega, and also for the recently fallen Whitney Houston. Thank you. DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED FOR THE PASSING OF VICE CHAIR MARC DAVID SARNOFF'S FATHER. DISCUSSED Chair Suarez: I'm sorry. Before we do that -- I forgot, I omitted probably the most important of all, our Commission -- the last Commission meeting we prayed for the Vice Chair's father, who was sick, and unfortunately, he passed in that time frame. So if we can observe another moment of silence specifically for his father and for his family. Thank you. DISCUSSION ITEM PRESENTATION BY GEORGE MENSAH, DIRECTOR OF COMMUNITY DEVELOPMENT, REGARDING THE CITY OF MIAMI'S 2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION AND THE FORMULA USED BY THE FEDERAL GOVERNMENT TO CALCULATE City ofMiami Page 151 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 THE FUNDS AVAILABLE TO THE CITY. 12-00238-Submittal-Presentation by George Mensah.pdf DISCUSSED A motion was made by Chair Suarez, seconded by Commissioner Spence -Jones, and was passed unanimously, for the City ofMiami Commission to oppose the manner in which HUD (Department of Housing and Urban Development) is computing overcrowding in the City of Miami, which is having a tremendously deleterious effect on the City's Community Development funding. Chair Suarez: Before beginning the PH items, I just want to make two statements. One is, at 10 we're going to break for a press conference that will be in front regarding Community Development Block Grant funding, so everyone who's here in the audience may want to be a part of that, participate in that. Hopefully we'll get back within half an hour, 45 minutes, and we can get -- you know, restarted again. The other thing wanted to mention was the Clerk had reminded me that anyone who wants to speak on any of these items, please need -- they need to sign up prior to speaking. So are we okay there, Madam Clerk? I have your permission to continue? Priscilla A. Thompson (City Clerk): Yes, sir. I really appreciate that announcement. Chair Suarez: Thank you. Okay. Commissioner Spence -Jones: Mr. Chairman, can I just be clear so -- Chair Suarez: Yes, ma'am. Commissioner Spence -Jones: -- 'cause I know we're going to -- literally, that's 15 minutes from now that we're going to do the press conference, so are any of -- 'cause I don't want us to do it in the middle of the hearings. So are -- is there any way we could take the items that don't necessarily require a public hearing? Chair Suarez: That's fine. We can just skip over the public hearing and go to the resolutions, if you'd like. George Mensah (Director, Community Development): Mr. Chair, I wanted to give you a preamble, which I think will help everyone -- Commissioner Spence -Jones: Okay. Mr. Mensah: -- before the -- Chair Suarez: Okay. Mr. Mensah: -- press conference. Chair Suarez: Okay. Commissioner Spence -Jones: Okay. Chair Suarez: And that will be on PH.1, right, and the following PH items, correct? Mr. Mensah: Yes. It's just -- Chair Suarez: Okay. City ofMiami Page 152 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mr. Mensah: No, I will not do any PH item. I just want to make a statement for the record -- Chair Suarez: This is -- Commissioner Gort: He wants to make a presentation. Mr. Mensah: -- in terms of -- Chair Suarez: Okay, please. Mr. Mensah: Yes. Chair Suarez: You're recognized for the record. Mr. Mensah: Again, George Mensah, director of Community Development. Commissioners, yesterday I had the unpleasant task of talking to two groups of -- two groups yesterday. At 10 o'clockI met with the agencies that you see here andl discussed with them the Community Development Block Grant Entitlement program and the cuts that they are about to receive. I told them that -- and as a director, one of the most difficult jobs that I had to do was to tell them that you're going to receive a 33.4 percent cut because at every dollar that we cut, we have a face behind that dollar. It's an elderly person who will not get a meal. It is a child care -- it's a child who will not receive child care. And so it was with deep regret that I had to break that news to them. At 2 o'clock in the afternoon, I also had a meeting with my staff. As you know, Community Development Department is totally receiving about $900, 000 in cuts, that Department. So I had to talk to my staff and let them know that inasmuch as we are doing everything that -- everything to make sure we close the gaps, it's impossible to close the entire gaps without laying off staff. And so, you know, with deep heart that I let them know that news that on April 1, Community Development will be a very different department and it will be lean and we will do whatever we can to make sure that we maintain as many staff as we can. With this preamble, I just wanted you to know that the City received a very huge cut in the Community Development allocation, and l just wanted you to kind of get a sense of how we got where we are. So I just put together a very simple PowerPoint presentation just to explain a very difficult mathematical formula. Our CDBG (Community Development Block Grant) funds easily in 2001 was somewhere in the neighborhood of $13 million, and in 2012 the funding is now about $4.9 million. So our funding has gone from $13.9 million in 2001 to $3.9 million in 2000 -- sorry. Commissioner Gort: IT (Information Technology). Where's IT? Commissioner Carollo: Four point nine. Mr. Mensah: Sorry. I think it's my -- 4.9, yes. I think it's my fault. Commissioner Carollo: Take your time. Mr. Mensah: Okay. So in 2001 we've gone from about $13 million to $4.9 million in 2012. Now we -- the change happen for two reasons. One, Congress reduced the CDBG allocation by 11 percent. And the most part that really did hurt us is that HUD used a new source of data for the formula allocation which accounted for approximately 25 percent cuts to the City's program. And this is where -- every time I look at this formula, it reminds me of my days as a high school math teacher. The formula uses three components. They have three of them -- it uses the population of the City as compared to the population of the metropolitan area; the poverty, number of (UNINTET,TIGIBT,F) poverty, then overcrowding. That's Formula A. And then Formula B uses the lag and population growth, the poverty, and then the age of the houses, and here we talk about houses, pre-1940 housing. And then for urban counties, a different set of City of Miami Page 153 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 formula. Now what HUD does is that it plugs in numbers in this formulas, Formula A and Formula B, and then base whichever gives you the most money is what HUD gives you. So what happened here. The data source they use normally before 2012, HUD just use decennial census data, which means that they have data from 2000, they use any data from 2010. Unfortunately, in 2010 the Census Bureau went to Congress and said -- and told Congress that we have a new source of data that we think is very accurate, so in instead using the long -- census long form to gather all the demographic information, we want to use the short form so that we no longer need to collect the census long data because we have all the information that we need. So in 2012 HUD, instead of using the decennial census information, decided to use what is called American Community Survey data. Now with that data being used, the population of the City I will now reduce from 433,000 to about 399, 000, and this is from the 2010 census. The poverty of this -- (UNINTELLIGIBLE) people in poverty increased from 100,405 to 107, 771. However, overcrowding reduced from 35,236, according to 2000 census data, to 9,367, and that is where our problem started. In terms of dollars, the population change resulted in 67,000 less funding for the City. The poverty change resulted in -- even though there was increase, still resulted in a reduction of $282, 000. However, the overcrowding changed, resulted in a loss of $1.5 million to the City. And l just wanted to show you the numbers. Chair Suarez: Excuse me one second, director. Commissioner Gort would like to interrupt. Commissioner Gort: Can you go over the overcrowded again? Mr. Mensah: Yes. I was coming to that. Commissioner Gort: Okay. Mr. Mensah: The poverty -- and l just show you a graph of the poverty percentage rates, and as you see, normally when there's a census the following year, the poverty rate usually remain the same because the rates for the census data and the rate for the next year is not adjusted. So this is the poverty rate of the City ofMiami. As we can see, between 2009 and 2010, the poverty rate jumped from 26.5 percent to 32.4 percent. This is the overcrowding units. In 2000 the Census Bureau said that there were 35,246 overcrowded units. Overcrowded, according to the census, is defined as the number of rooms with more than one person. Now, one would think that as the poverty rate goes up, the overcrowding goes up because the more poverty you have in a community, the more they bundle up in homes so overcrowding rate goes up. The overcrowding rate is supposed to go up. So the question that all of -- those of us in this world ask the Census Bureau is how come between 2000 and 2005 there was a dramatic decrease in the poverty -- in the overcrowding situation. How come overcrowding all of a sudden go down from 35,246 -- to 9,133? This is the question that we're still waiting for an answer. Commissioner Gort: Right. Mr. Mensah: The -- on the phone conversation I had with Census, the answer was oh, well, it was a sampling -- it was a change in sampling methodology. Well, if you change sampling methodology and the answer is so drastic, that will ask you -- Chair Suarez: The sample's wrong. Mr. Mensah: -- to go back that something is wrong. Chair Suarez: Yeah. Mr. Mensah: And also, the correlation between the poverty and overcrowding is supposed to go to together. City ofMiami Page 154 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: In statistics -- I'm sorry to interrupt you -- there's something called the standard deviation. Commissioner Gort: Right. Chair Suarez: And if it goes beyond the standard deviation, then it's a statistically invalid sample. Commissioner Gort: There's something wrong there. Chair Suarez: Yeah. Mr. Mensah: So, basically, this is what is hurting us at this point, so we believe that the data, the source of that data is not good. I don't want to use -- there's some other words I could use here, but we think that this is what we are telling you. We requested the President use an executive order to stop the -- HUD from using this data until such time that (UNINTELLIGIBLE) this data can be studied and we can all come to the right data. So I just wanted to just give you this information so you know where we are, why we are where we are. Chair Suarez: Mr. Mayor. Thank you. Mayor Regalado: Thank you. Mr. Chairman, I would just like to make brief comments as to the report that George just gave you. First of all, the City ofMiami has been probably the most proactive government entity in the United States trying to fix the problem of social services and CDBG. Several members of the board, for two years we have been traveling to Washington, two years in a row, several times to meet with leaders of the Congress. And what began with an amendment for the City ofMiami has now become a national bill and it's been going through the process. And you know, Commissioner Carollo have been there all the time, Commissioner Suarez, Commissioner Gort. I would like also to say that this issue that we're facing today does not have to do anything with the budget cuts in Washington. We were prepared for the Administration and the Congress cuts, because New York is getting more money this year than last year. And we want to thank Commissioner Gort's office because the research that they did was the key to understanding the formula, because we were unable to get an answer from HUD about why the formula and they figured it out. And so finally we know that there are cities that are getting more money because of a 1940 construction issue that -- you know, whatever they call it. It is important that we understand that we have done, as a Commission, as a government, a lot to pre-empt this. We have written three times to the President. We have only received one acknowledgment from the White House. We have services, agencies that have written to the President. Curley's House here was very proactive and other agencies. We had like a two -hours phone call -- conference call with the undersecretary of HUD and the deputy assistant to the President, which Commissioner Gort was there and George, and they seem not to have an answer for us. So this is why all these agencies are here, and we believe that we need to meet with each of you so we get the input of what should we do. I understand that we have a trip to Washington, Commissioner Carollo, on late March to continue this. And I -- yes. Chair Suarez: Yes. Commissioner Carollo: IfI can, Mr. Chairman. Chair Suarez: Yes, of course. Yes. You're recognized. Commissioner Carollo: I could tell you right way what we can do. It started in May 27, 2010, okay. So in 2010 May 27, this Commissioner sponsored a resolution, Resolution 10-00664, andl was supported by this whole Commission in a unanimous vote, that we would raise the cap from 15 percent to 25 percent on public services. Look, everybody knows that I understand number City ofMiami Page 155 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 very well, but I'm going to make it very clear. The allocations for public services that we were supposed to receive for this year is $1,125, 472. They have cut us around 34 percent, 33.4, 33 point something, about 34 percent. That means that's actually $744, 858. However, if this passes in Congress, the amount, even with these cuts, even with the flaw formula, even with all that, the amount that we will receive or we will be allowed to use for public services will be 1, 241, 429. In other words, they don't know what to do. I'm telling you, this is the fix. Where are we with that? Mayor Regalado: And Commissioner. Commissioner Carollo: And where are we with that? Mayor Regalado: And Commissioner, ifI may. This is why we have been going to Washington so many times. Commissioner Carollo: Absolutely. Mayor Regalado: And you have witnessed Senator Bill Nelson. You have witnessed the staff of Senator Marco Rubio. You have witnessed Debbie Wasserman and all the help that we are trying to get, not so much. But I would remind you that on 1997, this Commission -- I was a member of this Commission and Commissioner Gort was a member. Andl remember that we requested a waiver and we got a waiver for three years from 15 to 25 percent, and it was easy at that time because of the -- it was no tea party and not, you know, earmarks thing and not entitlement and all that. We got a waiver for three years and that is why we were able to -- so the City ofMiami has history and this is why we're going to Washington, and hopefully, everybody here will go to Washington on late March to continue the lobby. And the remedy for now -- yes, you're right; the remedy will be the 15 percent to 25 percent. However, this kicks in April 1. Commissioner Carollo: Yes. Mayor Regalado: And the remedy, we need to discuss with you -- each of you to see -- to get your ideas and to get your input because, you know, we can get the waiver because we had the waiver before. Los Angeles and Miami had a waiver. And it's an irony that Los Angeles and Miami are the cities that have been most cut in this -- because of this formula. Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo. Commissioner Carollo: First of all, let me say that I want to add -- because, again, what should we do and even for right now -- again, I have the answer and it's very easy. However, it's not easy because of the gridlock in Congress. Mr. Mensah: Yes. Commissioner Carollo: Nothing is moving there. And unfortunately, unfortunately, the gridlock in Congress is hurting the most needy in the local communities. Now, with that said -- and you're correct, Mr. Mayor; we have been up there quite a bit. I've met with Senator Bill Nelson that (UNINTELLIGIBLE) that wants to sponsor it in the senate andlleana Ros, along with the whole delegation, from Fredericka Wilson, Debbie Wasserman Shultz, Mario Diaz -Ballard, David Rivera, and obviously Ileana, which is sponsoring. Actually -- andl think Kirk Menendez should be here to give an update to this Commission on where we 're at, but -- Mayor Regalado: He's in Tallahassee. Commissioner Carollo: Yeah. And -- but this is Congress. And as you know, I usually don't City ofMiami Page 156 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 depend on the Administration for me to obtain information and push something that really affects our residents. But anyways, as far as a solution, listen, we need to speak to our congress people and our senators to see if this could be attached to the flood control bill. The flood control bill is due to expire in May of this year. Mayor Regalado: Right. Commissioner Carollo: If we could attach this bill to the flood control bill, then we could have this legislation passed, which does not seem to have any controversy. I have not heard of one congressman or one senator to tell me pointblank that they're against this, okay. So the issue is not -- Mayor Regalado: Commissioner, Marco Rubio staff told us that you were there. Commissioner Carollo: Well, speaking to Marco Rubio's staff and continuing conversations, Marco Rubio has not told me point-blank no, you know. We're back with information and so forth and we're not there yet. But bottom line is we have support. We have support. The issue is the gridlock and nothing's moving in Congress. That's the issue. However, if we can push to see if this legislation can be attached to the flood control bill, then we will have resolution by May of this year and, therefore, they will get the needed money and we will be allowed the flexibility to use that money. If not, then we have to push for the appropriations bill, which, I would imagine, will pass sometime in October of [sic] November of this year, and that's what we need to push. Mayor Regalado: And Commissioner, that's why we are being told that we need to be in Washington on the 27th or the 28th -- Commissioner Carollo: Absolutely. Mayor Regalado: -- ofMarch. And hopefully -- Commissioner Carollo: And the reason why March 27 or 28 is because, like I say, the -- Mayor Regalado: I understand. That's the reason. Commissioner Carollo: -- flood control bill ends in May so this'll be perfect timing for us to push and be able to attach it to this bill. Chair Suarez: Thank you. Mayor Regalado: And that's the reason. And l just -- you know, the thing is that it's important that -- because in the past, other governments and other administration, which we will -- it will say, this is a Washington issue. We have nothing to do with -- this is a Washington issue. My point in standing here before you is to tell the audience, to tell the agencies that there's never been an effort of this magnitude by the City Commission, by the Mayor, by the Administration to get this resolved. If we get that waiver, I mean -- Commissioner Carollo: It would resolve. Mayor Regalado: -- it would solve most of the problem, and this is why we need to have meetings with each of you, and first, we have to tell the people ofMiami and South Florida. I mean, we had a conversation with the Herald about Miami and the story became South Florida because everybody is [sic] been hurt. So I just need -- I think we need to tell the world that this is wrong, that this is -- that this formula is wrong. We are being punished because it was a building boom in downtown Miami and that is completely wrong. City ofMiami Page 157 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Chair Suarez: Thank you, Mayor. Commissioner Spence -Jones, Commissioner Gort. Commissioner Spence -Jones: First, I want to commend the Mayor for his effort to keep this thing moving and Commissioner Carollo for making sure that it is an item that stays on the forefronts of people's minds. We are headed to DC (District of Columbia) next week, Mr. Mayor. Senator Fredericka Wilson, Bill Nelson, and all of them, we have a round of meetings that's set up for next Thursday. We were told that we needed to go before March 1 because after March 1, it is really crazy and you're not going to be able to get a lot accomplished. So we will be there for a day to kind of address many of these issues. And I did just speak to our City Manager on this issue as well to see if George -- because -- to just be able to explain what the overall issue is, it will be important to have George be a part of that. So I just wanted to let you know, and if there's any particular things, Commissioner Carollo, Commissioner Gort, that you guys have been working on that you feel are important for me to also bring to the attention while I'm there, please let us know before we take the trip. We're actually -- we actually will be meeting with the undersecretary during our actual trip, and one of the -- our main -- one of our main issues for going was to kind of address the whole issue of Town Park. I'm sure you know that's that ongoing issue with Town Park. But while we're there, Fredericka Wilson and Bill Nelson, they're all trying to work on whatever issues we need to have resolved. So ifI can definitely have that information before we go, that will be greatly appreciated. Chair Suarez: Commissioner Gort. Commissioner Gort: I think Commissioner Carollo's idea is a good one. Every time he put behind a bill, there's -- don't have any problem and probably goes right through us, especially in - - during the rush hours. But at the same time, we have all the agencies here. Commissioner Spence -Jones: Yes. Commissioner Gort: They're all voters. They can all call the representative and make sure that - - and one thing for sure, we got president here today -- Commissioner Spence -Jones: Yes. Commissioner Gort: -- and he can make it even simpler. All you have to do is -- what's that order that he has to sign? Chair Suarez: Executive order. Commissioner Gort: The executive order, and that takes care of the whole thing. So I think have to push with everything that we can. We can't stop. We got to try them all. Thank you. Chair Suarez: Commissioner Carollo. Commissioner Spence -Jones: And -- Chair Suarez: And Commissioner -- Commissioner Spence -Jones: -- I just want to add too. I know in your last meeting we had, we talked about him coming and him being here today and trying to see whether or not the agencies and organizations were going to mobilize something around that because everybody knows where he is. So was that ever -- did that ever take place? Or the press conference that's -- Mayor Regalado: The press conference -- Commissioner Spence -Jones: -- happening today -- City of Miami Page 158 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Mayor Regalado: The press conference -- Commissioner Spence -Jones: -- is to address it here. Mayor Regalado: Right. It's important. Andl will tell you that, Commissioner, Commissioner Suarez and Commissioner Carollo and George -- Commissioner Spence -Jones: Yes. Mayor Regalado: -- year and a half ago, I think, almost two years, we had a very unpleasant meeting with the undersecretary of the HUD, and you all remember that. And -- because they just think -- but Commissioner Gort is right, the President just can sign an executive order. Commissioner Spence -Jones: Right. I think that this year -- I can't speak for any other year, but this is a very important year for him, andl think that maybe what the undersecretary might have did last year or the year before last, it's a very big difference in what's going to happen this year so -- and I'm not saying -- Mayor Regalado: Well, from -- Commissioner Spence -Jones: -- one way or the other -- Mayor Regalado: -- your (UNINTET,T IGIBT,F) mouth to God. I mean, I -- Commissioner Spence -Jones: No. I'm saying we should continue to push on that level. But I think that one of the most important things probably that should have happened is that we should have mobilized where the President was actually going to be while he's here. Mayor Regalado: Right. And you know -- Commissioner Spence -Jones: 'Cause Curley's House could have had 200 people out there. I'm just using that as an example. Mayor Regalado: No. No, I know. I know how they work, but -- Commissioner Spence -Jones: You know, ABDA (Allapattah Business Development Authority) could have that 300 people out there, you know. Mayor Regalado: -- you know, these two guys, they did a very deep research. And we found out that this is not about the budget because other cities had received a huge amount of money more than they received last year, so it's not about -- it's about the formula. Commissioner Spence -Jones: Yeah. Mayor Regalado: And so this is why we're having the press conference. This is why the agencies are here. And you're right. I mean, it's up to the members of the board, but I think -- and Commissioner Carollo is right. I mean, we should go again and -- but before that, you guys are right. I mean, they are the voters. I mean, we are their representatives, but also the congress members are the representative and they should be very proactive in reaching out to them. Chair Suarez: Thank you, Mr. Mayor. I'm going to make a motion and pass the gavel, and the motion is that we oppose -- that we resolve to oppose the manner in which HUD is computing overcrowding in the City ofMiami, which is having a tremendously deleterious effect on our community development funds. City ofMiami Page 159 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Commissioner Spence -Jones: Second. Chair Suarez: Second by Commiss -- Vice Chair Sarnoff We have a motion and a second. Any further discussion? Hearing no further discussion, then all in favor, please say aye." The Commission (Collectively): Aye. Vice Chair Sarnoff Anyone willing to register a no? Motion passes unanimously. Chair Suarez: Thank you. NA.4 RESOLUTION 12-00231 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTION 36-4(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVELAND HOURS OF NOISE RESULTING FROM THE MASQUERADE MOTEL EVENT, HELD FROM 12:00 PM - 11:00 PM, ON FRIDAY, MARCH 23, 2012 AND SATURDAY, MARCH 24, 2012, AT GRAND CENTRAL PARK AT 721 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA. Motion by Vice Chair Sarnoff, seconded by Chair Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Sarnoff and Suarez Noes: 1 - Commissioner(s) Gort Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0059 Chair Suarez: (INAUDIBLE) and my understanding is that the Administration has a pocket item that they would like to present. Mr. Manager, you're recognized for the record. Johnny Martinez (City Manager): Yes, we do. We're requesting a noise exemption pursuant to Section 36.4 and 36.5 of the code for the Masquerade Motel event, held on Friday, March 23 and Saturday, March 24, from 12 p.m. to 11 p.m. on both days. The address is at the old arena center, which is called, I think, Grand Central Park now, and we're asking for a -- Vice Chair Sarnoff So moved. Mr. Martinez: -- noise waiver of the ordinance -- Chair Suarez: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Sarnoff Second by the Chair. Chair Suarez: Second. Vice Chair Sarnoff Any discussion on the item? All in favor, then please say aye." Chair Suarez: Aye. City of Miami Page 160 Printed on 3/15/2012 City Commission Meeting Minutes February 23, 2012 Vice Chair Sarnoff Aye. Commissioner Gort: Nay. Vice Chair Sarnoff Aye. You have a unanimous vote. Chair Suarez: No, no, no. I think he voted no. Vice Chair Sarnoff No. Chair Suarez: So 3-1 -- 3 -- Vice Chair Sarnoff One no. 2-1. Chair Suarez: -- 2-1. Thank you. Meeting adjourned at 6: 29 p.m. City of Miami Page 161 Printed on 3/15/2012