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HomeMy WebLinkAboutCC 2012-03-22 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, March 22, 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 March 22, 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 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 4/23/2012 City Commission Meeting Minutes March 22, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 22nd day of March 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 12: 00 p.m, reconvened at 2: 00 p.m., recessed at 2:51 p.m, reconvened at 2:59 p.m, and adjourned at 6:41 p.m. Note for the Record: Vice Chair Sarnoff and Commissioner Carollo entered the Commission chambers at 9: 03 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk Chair Suarez: Good morning. Welcome to the March 22, 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, W fredo "Willie" Gort, Michelle Spence -Jones, and myself, Francis Suarez, the Chairman. 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 be opened with a prayer by Commissioner Spence -Jones and the pledge of allegiance by Commissioner Gort. Before beginning the prayer, I would like to dedicate the prayer to a young man from our community that was tragically taken from us, Trayon [sic] (9: 01: 02) Martin. And you know, we need to do everything that we can to make sure that tragedies like this are avoided and the people who are responsible for things like this are punished, so let's -- ma'am. Prayer and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00311 PRESENTATION Honoree Outstanding Miami Women Miami Bike Month Christina Fernandez Jorge R. Mas Miami Police Department Sgt. Alberto Pacheco Det. Mario Rodriguez Det. Suberto Hernandez Det. Rossicia Allen Det. Luis Camacho Det. Alfredo Matias Det. Luis Valdes Presenter Mayor Regalado & Commissioners Mayor Regalado Mayor Regalado Chairman Suarez Commissioner Carollo Protocol Item Commendations Proclamation Cert. of Appreciation (Retirement) Salute Commendations City ofMiami Page 3 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Det. Gary Sampson Det. Elijah Taylor Miami River Commission Commissioner Certificate Carollo of Appreciation 12-00311 Protocol Item.pdf 12-00311-Commission On The Status Of Women Breakfast Event Program.pdf PRESENTED 1) In celebration of National Women's History Month, the City ofMiami Mayor and Commissioners honored outstanding women within the community as follows: Mayor Regalado - Helena Del Monte, Executive Director and CEO of the Association for the Development of the Exceptional, Inc.; Chair Suarez - Andrea Ivory, Founder and Executive Director of the Women's Breast Initiative; Vice Chair Sarnoff - Lilia Garcia, Retired Educator, Miami Dade County Public Schools; Commissioner Carollo - Dr. Gina Cortes-Suarez, President, Miami Dade College Inter American Campus; Commissioner Spence -Jones - Jackie Bell, Executive Director of the New Washington Heights Community Development Conference, Inc.; Trailblazer Awards - Mildred Milli'Smith, Director of Intergovernmental and Military Affairs, Kim Griffin -Hunter, Partner at Deloitte and Touche, LLP and Dorothy Wright -Edwards, Retired Educator and First Dean of Girls, D.A. Dorsey Educational Center and Miami Northwestern High School; Miami Commission on the Status of Women Honoree - Sandra L. Jackson, Senior Human Resources Manager, Community Action and Human Services Department ofMiami-Dade County; and Julia Tuttle Award - Debbie Wasserman Shultz, Congresswoman, United States House of Representatives, 20th District of Florida. 2) Chair Suarez presented a proclamation on behalf of Mayor Regalado, which declares the month of March 2012, Miami Bike Month,"issuing a call to the residents of the City ofMiami to increase their use of public transit, walking and bicycles, to provide an opportunity to promote health and wellness and to address the problem of greenhouse gas emissions. 3) Chair Suarez paid tribute to the Veterans Link -Up in recognition of their spirit of communal responsibility and civic engagement in their efforts to build a partnership of military and civilian service providers to honor the service of military personnel, veterans, and the sacrifices of their families. 4) Chair Suarez paid tribute to the keen insight and strong leadership of Jose R. Mas, CEO and Vice Chairman ofMasTec, Inc. who was named winner of the Ernst & Young National Entrepreneur of the Year 2011 Real Estate, Construction and Lodging Award, honoring his ability to bringMasTec through a trying phase while continuing to expand the business and whose vision and entrepreneurial spirit earned him distinctive recognition from the world's most prestigious business award for entrepreneurs. 5) Commissioner Carollo presented a Certificate of Appreciation to the Miami River Commission for donating their time to beautify the Miami River Greenway, a publicly accessible pedestrian path along the Miami River. 6) Commissioner Carollo presented Commendations to various members of the City ofMiami Police Department for their courage as they risk their lives in service to the well being of the residents of the City ofMiami and as part of the Crime Suppression team elevate the quality of life of the community through the suppression of illegal drug sales. Chair Suarez: We will now make our presentations and proclamations, and please be patient 'cause today we have a very intense protocol agenda so there's going to be several presentations City ofMiami Page 4 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 and several people who will be given an opportunity to speak in relation to the different issues. Commissioner Carollo, would you like to give yours first? No? Commissioner Carollo: I think we're starting with the Outstanding Miami Women. Do you -- Chair Suarez: Yeah, okay, we can do that. Okay. Commissioner Carollo: Let's go in order. Chair Suarez: Let's start with -- Commissioner Carollo: Thank you. Chair Suarez: -- the Outstanding Miami Women, Women's History Month, and I see Ms. Warren here. And every Commissioner has an honoree, andl would like, if possible, for each Commissioner to introduce their honoree if they are able to. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort MAYORAL VETOES Chair Suarez: We'll now proceed with the approval of the minutes from the Planning & Zoning meeting of February 23, 2012. Is there a motion? Vice Chair Sarnoff. So moved. Commissioner Spence -Jones: Moved. Chair Suarez: Moved by Vice Chairman -- Commissioner Spence -Jones: Second. Chair Suarez: -- second by Commissioner Spence -Jones. Any discussion? All in favor, sign by saying iiye. " The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Suarez: PH.1. I'm sorry. Madam Clerk. Priscilla A. Thompson (City Clerk): Yes. Chair Suarez: Are there any mayoral vetoes to report at this time? Ms. Thompson: There are none to report. City of Miami Page 5 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Thank you. ORDER OF THE DAY Chair Suarez: I think we're ready to get to business now. 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, Mr. Chair, members of the Commission, members of the public, Mr. Manager, Madam City Clerk. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section is available at the City Clerk's office. The material for each item is -- that is on the agenda is available during business hours and also at the City Clerk's office and also online at wwmiamigov.com [sic]. Anyone who wishes 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. Turn those off now. Any person making unruly -- any person making offensive remarks or who becomes unruly at the Commission chambers will be barred from further attending Commission meetings. And please, anyone with a disability who requires auxiliary aids contact the City Clerk. The lunch recess will begin at the conclusion of deliberation of the item being considered at noon, unless the Chairman indicates otherwise. Thank you very much. Chair Suarez: Thank you. Later... Chair Suarez: PH.1. Johnny Martinez (City Manager): Wait. Commissioner, I have some items -- Chair Suarez: Oh, I'm sorry. Apologies. Yes. Mr. Martinez: Yes. Chair Suarez: What are your continued items? Mr. Martinez: Yes. I want to withdraw RE.7, continue DI.2 to April 26, continue DI.3 to April 26, and withdraw DI.7. Commissioner Gort: What was that again? Chair Suarez: Can you repeat it, please? Mr. Martinez: Withdraw RE.7 -- Chair Suarez: Right. Mr. Martinez: -- continue DI.2 -- Chair Suarez: Okay. Mr. Martinez: -- to April 26, continue DI.3 to April 26 -- Chair Suarez: Yes City of Miami Page 6 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Martinez: -- and withdraw DI.7. Chair Suarez: Okay. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo. Commissioner Carollo: I don't -- could we just get the Budget director to put on the record the reason for the withdrawal, andl know it has to deal with GASB-54 (Government Accounting Standards Board), but -- Mr. Martinez: I can do that. Commissioner Carollo: Okay. Thank you. Mr. Martinez: GASB, which is the Government Accounting Standards Board, has changed the way the numbers are reported. And our numbers are good; they're just in the wrong columns and because of that, we need to go back and redo the report. Commissioner Carollo: Thank you, Mr. Manager. Chair Suarez: Thank you. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Carollo. Any further discussion? Hearing none, all in favor, signify by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Thank you. Is there any other --? Does the Commission have any items that they would like to pull, withdraw, continue? Okay. City of Miami Page 7 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 9:00 A.M. PH.1 12-00138 Department of Community Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE ALLOCATION FOR PROGRAM YEAR 2012-2013 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS, IN THE AMOUNT OF $12,163,466, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 12-00138 Summary Form.pdf 12-00138 Notice to the Public.pdf 12-00138 Legislation.pdf 12-00138 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-12-0111 Chair Suarez: Mr. Mensah, you're recognized on PH.1. George Mensah: George Mensah, director of Community Development. Commissioner, PH.1 is approving the allocation for program year 2012/2013, Housing Opportunities for Persons with AIDS (Acquired Immunodeficiency Syndrome) program, in the amount of approximately $12 million, and those goes to the agencies that were attached to your -- to the item. As you know, this was approved in December 8, but unfortunately, because of the reduction in funding, we came back to reapprove those funds again with the new amounts. Chair Suarez: Thank you. This is a public hearing, item PH.1. Anyone from the public wishing to speak on PH.1? Hold on a second. (10: 33: 40) Sir, you're recognized. Andres Christie: Good morning, Commissioners. My name is Andres Christie. I'm representing Sunshine For All, located at 1407 Southwest 22nd Street, Miami, Florida 33145. Well, we're here today -- and I'm representing my agency. I'm representing the participants and the recipients of the HOPWA (Housing Opportunities for Persons with AIDS) (UNINTELLIGIBLE) program. And you know, you heard the statistics, and we all know that a homeless problem exists in the City ofMiami. You know, this program is something that prevents them from becoming homeless, but you know, I'll leave my knowledge as a housing specialist and as a case manager for (UNINTET,TIGIBLE) statements from our participants. We brought a few HOPWA recipients that would like to state some of their experiences and hopefully you're able to understand what it is for them and what this means, what the HOPWA program means. Chair Suarez: Thank you. Commissioner Gort: Would you give me your address again, please? City ofMiami Page 8 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Christie: 1407 Southwest 22nd Street. Commissioner Gort: Southwest. Okay, thank you. Chair Suarez: Thank you, sir. You're recognized. Frederick Downs: Yes. My name Frederick Downs. I'm a member of the HIV (Human Immunodeficiency Virus) -- Miami -Dade HIV Partnership. I'm also a consumer of HOPWA. That means I'm a client of HOPWA. I was diagnosed with the HIV virus in October of '96, where I stayed in the City ofMiami as a -- when I was diagnosed, I was diagnosed with over 500,000 copies of the HIV virus raging through my body andl was under my death bed. I weighed 95 pounds. As a result of the medication and HOPWA housing that HOPWA provides me, I've been able to sustain my life; I've been able to become a productive member of this society. I'm a clerk -- assistant clerk for the Elections Department and I'm a productive member of this society. Only through the HOPWA dollars have I been able to sustain a reasonable life. Andl thank the Commissioners for administering the HOPWA program and wish you continue to do your administration of the program. Thank you. Chair Suarez: Thank you, sir. Vanessa Mills: Good morning. Chair Suarez: Good morning. Ms. Mills: My name is Vanessa Mills. I'm from Empower U at 8309 Northwest 22nd Avenue. And I'd also like to say thatl am a former recipient of the HOPWA program. Back in 1990, I was actually a HOPWA client. I've gone on to go to Florida International University. I have a degree in Public Health and now I'm the executive director of Empower U, Incorporated, which is a community -based organization in the Liberty City area providing the HOPWA program. What I would like to talk about this morning is the importance of the HOPWA program being administered here at the City ofMiami and the ability of the Ryan White program and how the two programs are able to work in tandem. Currently, the HOPWA program is being administered by five community -based organizations and those organizations are actually providers of Ryan White Title I Part A, we'll call it, and MAI services, so we're able to not just look at the housing side of the equation, but we're also able to provide other support services for individuals living with HIV/AIDS. We provide case management services. We make sure that the HOPWA clients are getting to medical care, that they're getting all of the wrap -around services that are necessary to live with HIV infection. It's very important that not only do we look at individuals living with HIV/AIDS in terms of housing, but we also have to look at individuals in their overall needs in terms of their medical care, getting to medical appointments, being adherent, being compliant, as well as organizations like Empower U and the other providers are able to provide prevention services for individuals living with HIV and AIDS. So when we have the program being administered through the City ofMiami and being administered by community -based organizations who are experts in administering HIV/AIDS services, then we have a program that works really well. I think that you should be very proud that you're administering the HOPWA program. You should be very proud as Commissioners what you are doing for the HIV/AIDS community. Thank you -- Chair Suarez: Thank you. Ms. Mills: -- so much. Chair Suarez: Thank you so much. Next, please. City ofMiami Page 9 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Jenna McQuid: Good morning. My name's Jenna McQuid and I'm an attorney at HELP, Inc., the HIV and Education Law Project. So what we do is we get referrals from HOPWA clients to our office and we provide them with legal services. Andl would just want to say that the HOPWA program has really been amazing because now we're able to help these people that otherwise wouldn't be able to afford the legal services that we 're providing for them, so I would just like to say I, again, thank you for administering this program andl hope it continues. Thank you. Chair Suarez: Thank you. Next, please. Commissioner Gort: Right here on the left. Chair Suarez: Oh, I'm sorry. Hold on one second. Go ahead, ma'am. I'm sorry; I didn't see you. Shennera Young: Hi. My name is Shennera Young. I'm also a client of HOPWA. Chair Suarez: Sure. Ms. Young: Two thousand and five, when I signed up, I had 10 t-cells. I had 240,000 viral load. That's how low -- that's how much of the virus that I had. The doctors didn't know how I was standing before them. When I filled out the application for HOPWA, I was called 2008. Two thousand and eight, I was able to receive a housing for me and my children and now I am -- my t-cells are 524. Andl could say thank God that I'm here, I'm living, I'm happy, my kids are happy, and Empower U are the best. They are the greatest. And I'm standing andl'm thanking God because it's nobody but HELP. I was in a one -bedroom with three kids; didn't know how I was going to make it, how I was going to get my medication. I'm seeing my case worker every time -- every time I'm talking to my case worker on the phone, where she's motivating me. I'm able to make my medication on time, able to see the case management. I'm able to see the therapist, the mental health. Everything that is there is available to me, and I thank God for Empower U andl definitely thank God for HOPWA. Chair Suarez: Thank you. Ma'am, you're recognized. Tamonlyn Hodge: Yes. Hi. How are you? My name is Tamonlyn Hodge, andl'm a client of Sunshine For All, and I've been in the -- on the HOPWA housing program since 1996 and it has helped me entirely through all these years. I was -- before coming to the housing, I was living with my aunt in a one bedroom, so what I did was I got into an agency and they had the services available and so I got in very quickly. It wasn't a waiting list. Everything was right there. I was able to -- I had to get on disability as well, and so they paid my rent, all of it, and everything until I got an income. And my t-cells was below 200 as well. So what happened was -- I'm going to make a long story short -- all through the years I have been, you know, proud of it and proud of the organization and the agencies that has helped andl couldn't imagine where I would have been without it. I know I would probably been from pillow to post or whatever. It has allowed me to go back to school throughout the years to get my certificates and everything and to help with my medical concerns as well and also to eliminate stress and also to take my medication and everything and go to my doctor's appointments without the stress of rent and everything like that. I tell you, I am very excited about this program andl hope to continue and hope that others can be a part of it as well. Thank you. Chair Suarez: Thank you. Sir. Sergio Rigau: My name is Sergio P. Rigau. I am a beneficiary of the HOPWA program. Without it, I would not be here today. The service that this program provide for people like myself are really indispensable for this community. It's very highly needed to help us continue City of Miami Page 10 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 living a decent life. Without it, we would not be able to afford housing and the medical attention that we are receiving. So to them and to the City ofMiami, we thank you and we are extremely grateful. Chair Suarez: Thank you, sir. Ma'am. Anetia Sharpe: Good morning. My name is Anetia Sharpe, andl'm also a recipient of the HOPWA program. Andl just want to take out a minute to let you guys know that had a brother that was -- he died last year, August, and watched him being stigmatized in his own home. He lived with my mother and they treated him like a leper (10: 43: 20). Andl know I'm going to reach that point where I'm going to have to be living with someone, butt just thank God for the HOPWA program because now I'm living independently. I'm able to go in my own refrigerator without being shun or treated like -- I just can't explain the way -- it really hurted me to see my brother live under those kind of conditions, and l just thank God for this program. Chair Suarez: Thank you. Ms. Sharpe: Thankyou. Chair Suarez: Sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, but I am talking as a letter carrier in ZIP Code 33161. Years ago I went there to the (UNINTELLIGIBLE) and look at the addresses. I saw two address thatl -- we deliver the mail there andl went and checked it; 13th Avenue Northeast and 111 th Street; the other one, 14th Avenue and 149th Street. Andl saw the housing. They were taking care there. It's good. I mean, the money is being used properly and that's only thing -- 'cause I don't pay maybe city taxes or county, but I pay federal taxes, and this is federal money. And this is being used in the best way, in the Judeo Christian way. Take care of the needy ones. That's the way it should be. Andl am very happy that the mail -- that the money is used for that and it should be used for that again because it's being well used because I checked myself, the property. I mean, all those houses there in the ZIP Code 33161. Chair Suarez: Thank you. Mr. Cruz: So it's not only the City ofMiami; it's all over. Chair Suarez: Thank you, sir. Mr. Cruz: Thank you. Chair Suarez: Sir. Danny Galvan (As interpreted by Spanish interpreter): Good morning. My name is Danny Galvan. Thanks for the program. I have found a place to live. I have been admitted about six times. I've had psychiatric problems, two operations of the kidney, of my stomach. Sometimes I haven't had anyplace to live, anything to eat. Thanks to the program, I feel better. I have felt a lot better andl'm more calm. Thankyou very much. Chair Suarez: Sir. Roberto Da Torre: Good morning. My name is Roberto Da Torre, with Miami Beach Community Development Corporation. We're one of the agencies that provide the services to the people that needs it. We also have buildings on Miami Beach, and my buildings are open throughout the county so everybody from the county that can come in; they just not for the residents on Miami Beach. We already providing services for people that are not residents of this City ofMiami Page 11 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 community. Police, fire, they have to attend, whoever it is on your city to do it. I know that you have to be fiscally responsible for the people that you represent, but this is a social service. This is a good service. And you have a great staff. I deal with the County. I deal with the state. I deal with other agencies. And your staff has been performing -- he's been running this program for years and they are very, very good. I deal with other agencies so I can tell you that. Don't look at this as a business decision; look at this as a social services that you guys are providing. Chair Suarez: Thank you. Mr. Da Torre: It is a very good program. Thank you. Chair Suarez: Thank you. Sir. Roy Rogers Harden: Good morning. My name is Roy Rogers Harden. I live at 3615 Thomas Avenue. And I've been living with this virus for over 25 years now. And whatl about to say, I want to thank my Lord and Savior for bringing me this far and I want to thank HOPWA because I just received my housing the last past two weeks. And it is a very good program because we all need help with this virus. And l want to thank you, Commissioner, every one of you, and may God be with you. Chair Suarez: Thank you. Mr. Harden: Thank you, sir. Chair Suarez: Ma'am. Chantal Pierre: Good morning. My name is Chantal Pierre and I work for Sunshine For All. I'm a housing specialist. I've been working with these clients for the past three years. And the HOPWA program is a very good program for the clients 'cause they're very grateful. They're very thankful for the services that we provide them. When we call them from the (UNINTELLIGIBLE) and they just happy. They cry with tears to see how happy they are because some of them, they going from couch to couch. And when -- by having the housing -- by the HOPWA program, it give them the opportunity to have a different perspective on their lives, to move on forward, and they're very thankful. So please take good consideration of the HOPWA program and thank you. Chair Suarez: Thank you. Seeing no one else from the public approaching the podium, the public hearing on PH.1 is closed, coming back to this Commission for a motion and discussion. Commissioner Carollo: Move it for discussion. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Spence -Jones. Commissioner Carollo, you're recognized for discussion. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'd like to say that I appreciate the presentation andl also appreciate everyone taking time to come forward and speak on behalf of the HOPWA program and your experiences. You know, I have always said that discussion is healthy and this is something that I've been wanting to discuss for some time now. I am definitely sympathetic to the needs of the people with the HIV disease -- with this disease andl appreciate that we have programs like the HOPWA program. I do not have any issues with the operators. I actually appreciate the services that they provide andl think it's quite impressive from, you know, the statistics as far as people that are satisfied with their services, so that speaks volumes. What I have questioned in the past is the financial and service efficiency of the City of City of Miami Page 12 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Miami administering this program countywide, you know. I think Mr. Da Torre, which I serve for many years on a board, you know, said it. You know, I'm looking at fiscally responsible, you know, and providing services. You know, maybe you can obtain better services because the County does have, you know, more resources. They are countywide, you know. They have offices in different locations and maybe they can even provide better services. So that is something that -- again, I always say discussion is healthy and I'm glad that we're having this discussion. And the presentation, I'm glad that -- and by the way, we received these documents today. Madam City Clerk, if they could be placed in the record also? Ms. Thompson: Yes, okay. Commissioner Carollo: Okay. And I'm glad that in the presentation it was mentioned that, you know, the cases within our districts can be argued one way or another because, you know, right off the bag [sic], as far as drill down on numbers, I saw that whatl was given today varies quite a bit from what our backup materials have with regards to people with AIDS and within our districts, so I'm glad that there was a clarification of that. And l just want to make sure, these -- the numbers that we were given, these are people with AIDS within the City ofMiami but not necessarily people that we service under HOPWA, correct? Mr. Mensah: That's correct. Commissioner Carollo: I think if I'm -- there was actually households within the City ofMiami and numbers. Let me ask you something and just real quick math. We have about, what, 1,250 participant in this program? Mr. Mensah: The number varies, butl think that the exact number at this time is about 1, 028. Commissioner Carollo: So roughly within 1,000. Mr. Mensah: Yes. Commissioner Carollo: We're rounding 1,000 participants in the HOPWA program. Out of those 1,000, how many are within the City ofMiami? Mr. Mensah: I believe -- it's about -- more than 40 percent. Commissioner Carollo: More than 40 percent. Mr. Mensah: Yes. Commissioner Carollo: So over 50 percent are outside the City ofMiami? Mr. Mensah: That's correct. Commissioner Carollo: And that goes to my point. Mr. Mensah: But, Commissioner, I think you have to look at it this way. Because the program is a voucher program, everyone can go wherever they want to live. So just because of where they live doesn't necessarily mean that that is where they started out. They could -- somebody could have AIDS in Liberty City and decide that, you know, I want to go and now and live on Miami Beach, so they could move from Liberty City and go live Miami Beach because that's where they got housing. So the numbers we have is currently where they live. If you want to look at the -- actually where the people come from, you got to look at the incidents and the people who are currently living with the incidents. The incidents rate actually tells you where the majority of people with AIDS are coming from. It's very different from where they're coming from as to City ofMiami Page 13 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 where they end up because of the program so -- and that is -- the graph that was shown to you that show the shaded portion shows you where the incident -- the majority of the incidents is, which is in the City ofMiami. Chair Suarez: Thank you. Go ahead. Commissioner Carollo: Yeah. And so what you're saying is they are coming from the City of Miami, we're providing services, and then they're moving outside of the City ofMiami? Mr. Mensah: What I'm saying, that they have the ability -- the program allows them to move outside the City ofMiami, yes. Commissioner Carollo: And that's where, you know, again -- and it's up for discussion. You know, I wonder how efficient the City of Miami's being with our resources because let's say someone in Homestead, do we -- do you have to send someone from the City ofMiami to drive to Homestead to verin, that they're getting their medicines and so forth? Mr. Mensah: Yes, we do, but -- Commissioner Carollo: And that's what I'm saying, where there could be satellite office from the County, you know, that can -- it'll be much easier -- Mr. Mensah: Well -- Commissioner Carollo: -- much more efficient for them to drive -- Mr. Mensah: -- maybe not that because the program -- you have to have a (UNINTELLIGIBLE) -- first of all, the federal government or HUD (Department of Housing and Urban Development) knows that a county -- and it's not just the City ofMiami. It's all throughout the country. The municipality with the largest incidents ofAIDS handles the program. And when I sent somebody from City -- from MRC (Miami Riverside Center) to Homestead, the cost does not affect the City in any way. If the County or anybody else is running the program, they will still have to send the same person from wherever they are to another part of the county. So even if the County was handling it (UNINTELLIGIBLE) and the staff maybe they have ten staff who resides at the County center, that person will have to go from the County center to my -- to the County -- to Homestead. So in terms of efficiency, I think it should be the same. And moreover, those costs are all covered by the program so there's-- none of those costs that actually affects the City in any way. Commissioner Carollo: So what you're saying is that the cost of someone from the City of Miami driving to Homestead to verify that, you know, the patient is actually having their medicine and everything's going smoothly, which has to be done, correct? Mr. Mensah: Well, that's -- my staff doesn't do that. That's the staff -- the agencies are the one that do that. My staff what they do is they do quality. They go make sure that the inspections were done and everything. Yes, they do that. Commissioner Carollo: But they still drive to --? Mr. Mensah: Yes, yes, they do. Yes, they do. Commissioner Carollo: Okay. And we talked, you know, in great length yesterday about all this, and yesterday you provided me a document that stipulates --from, I think, the U.S. Department of Housing and Urban Development -- City ofMiami Page 14 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Mensah: That's correct. Commissioner Carollo: -- a document stipulating -- and I'm just going to read, you know, the key part. Metropolitan areas with a population of more than 500,000 and at least 1,500 -- Chair Suarez: Please turn off your cell phones. Commissioner Carollo: I'll start again. And again, the document that you gave to me was from the U.S. Department of Housing and Urban Development and it stipulates here: Metropolitan areas with a population of more than 500,000 and at least 1,500 cumulative AIDS cases are eligible for the HOPWA formula grants. Mr. Mensah: Yes. Commissioner Carollo: In these areas, the largest city serves the formula grant administrator? Mr. Mensah: Yes. Commissioner Carollo: So is this -- and according to what you told me, is this why originally the County used to administer this program and the City now is administering? Mr. Mensah: I don't know the history of it, but I believe that earlier on when the program started, there were -- they had different regulations probably and the County was administering probably in the '90s, '94, '95, and then later on the City started administering it. I don't know whether there was a change in regulations that allowed the City to start administering it or not, but I know that currently for the last, I believe, ten, fifteen years, the City has been administering the program andl know that that regulation has been in existence. Commissioner Carollo: And I gave the -- what you gave me to the City Attorney -- Mr. Mensah: Yes Commissioner Carollo: -- and -- you know, so she could review it and, you know, I wanted to ask the City Attorney, from your interpretations, does this mean that the City ofMiami have to administer this program? Julie O. Bru (City Attorney): Commissioner, you gave me the code offederal regulation section that admini -- that describes and governs this, and from my review of it here now, what I have gathered is is that this program has -- there's two ways to access funding under this program. There's the entitlement way and then there's the competitive grant application way. The way that I have read the definitions here is that indeed in this metropolitan statistical area, the City of Miami would be the only qualifying city that can apply for the entitlement funding. If we don't apply for the entitlement funding for this area, then anybody else who wants to apply has to do it through the competitive grant process so the allocation that would have come to the area through the City would then be allocated to either nonprofits or other cities in the area that are not the qualifying city, which is the City 'cause it's the most popular city in the area. That's my interpretation. Commissioner Carollo: Thank you, Madam City Attorney. And l just want to verify that understand what you're saying to a certain degree. I'm definitely no expert in HOPWA, nor Community Development issues. In order to obtain these fundings [sic], the City ofMiami in this metropolitan area, meaning Dade County, has to be the agency that, for lack of better words, puts in for it? Ms. Bru: And I'll defer to your Department director, but it seems like there's an advantage if City ofMiami Page 15 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 you're applying as the qualifying city because it's an entitlement -- Chair Suarez: Yeah. Ms. Bru: -- as opposed to applying as any other city in this area because then you have to compete for it, so that's what it seems like to me. Commissioner Carollo: Okay, and that's understood. In that case, I mean, it would be a moot point because, like I said, I definitely, you know, support the HOPWA program, you know, the operators. I was just seeing, you know -- and again, this is why discussion is healthy. I was really seeing, you know, the efficiencies, you know, and the financial efficiency also, the services of the City ofMiami actually having to administer this countywide. I mean, I think it's a valid point, but from what the City Attorney is saying and from what you're saying, it should be a moot point because I definitely do not want to jeopardize, you know, any of these HOPWA fundings for, you know, any of the people that are in need. So thank you. Chair Suarez: Thank you. Commissioner Gort. Commissioner Gort: Commissioner -- (Applause) Chair Suarez: Guys, please refrain from clapping. Thank you. Commissioner Gort: When you look at statistics within the City ofMiami, you have a lot of people, but we don't have that much housing within the City ofMiami so a lot of the residents that receiving service outside of the City ofMiami didn't (UNINTET,TIGIBT,F) have to come from the City ofMiami when you look at the statistics. In my district you can see it's quite a few of them. Even in District 2, you got quite a few there, and so in District 5, and so a lot of these individuals that receive those services outside of the City ofMiami. Andl have to tell you, for the last two years I've been working very closely with CDBG (Community Development Block Grant) and we've been able to make some changes to improve the figures, but not only that, in 2010 we were able to gain $5 million for the City ofMiami for some changes (UNINTELLIGIBLE) CDBG and they was working with the staff and dealing with staff and want to thank you for the work you guys do. Thank you. Mr. Mensah: Thank you. Chair Suarez: Thank you. Commissioner Spence -Jones. Commissioner Spence -Jones: (UNINTET,TIGIBT,F) -- Vice Chair Sarnoff. Well, you know, I thought I'd say a few things. Commissioner Spence -Jones: -- which I was surprised. Vice Chair Sarnoff. That I would say a few things? Commissioner Spence -Jones: No. Chair Suarez: No, that you (UNINTET,T IGIBT,F) rates. Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) your numbers -- Commissioner Gort: The numbers. City ofMiami Page 16 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Yeah. Commissioner Spence -Jones: -- were high. Vice Chair Sarnoff Well, I was going to say -- I actually, at one time back in the mid '90s -- early '90s, was an attorney that dealt HIV and AIDS. I was the first attorney in the United States to try an HIV/AIDS case: Weiland versus Weiland. We tried three other cases since then. I think I'm probably still the only attorney that's tried four HIV and AIDS cases with regard to discrimination. The reason I probably got out of it was back then all your clients died. Andl remember carrying Bruce Weiland's ashes to his mother, Verdell (phonetic) Weiland, up in Omaha, Nebraska, and it got very difficult and very old. And the reason I'm bringing this up to you all is it's amazing to see the progress people have taken that have HIV because HIV no longer means you're going to get AIDS. I remember -- andl met with Vanessa Mills yesterday and, you know, it used to be the deciding point were two things: Either you had t-cell count below 200 or you had an opportunistic infection, and the opportunistic infections were pretty horrible infections, and I'm sure you all know it much better than me, but anything from PCP (Pneumocystis Pneumonia) to carcinomas to a number of other things. It's just -- it's really good to see that today a diagnosis of HIV is a different diagnosis than it was in the early '90s. It's also good to see that, I hope, discrimination has improved a great deal because back then some of the people I sued would actually -- if a person with HIV sat in a chair, they would actually have -- a person would bleach, wipe that chair down because that person sat there, and that was kind of ignorance, and we even had some ignorant judges back then who wouldn't allow some evidence in because they thought they were taking reasonable precautions. And I'm sure you all remember Dr. Acer. Anybody remember who Dr. Acer was, the famous steward dentist who was double -gloving theoretically? So I remember all those days. And to Vanessa, we had a little reminiscent yesterday. We were talking about the four H's. This disease was not always called AIDS. It was called GIRD [sic]. It was called ARC (AIDS -Related Complex). It was called many, many things, and this -- you know, the education component has gone a long, long way. And whatl did do, andl didn't do absolute drill down, but it is apparent to me that one of the programs that we do very well in the City ofMiami is administrate HOPWA, andl think it's wiseably [sic] administrated countywide simply so you don't create a denscation of only opportunities in Miami -- City of Miami for people who either have HIV or AIDS. So, you know, I'm a supporter of this. I thought I'd give you my own personal perspective. I was at this for five years. There's an attorney out there doing it. I wish you a lot of luck. It's different than when I was doing it 'cause like I said, I don't thinkl had one client that lived past four years with it. Thank you. (Applause) Chair Suarez: Commissioner Spence -Jones. Commissioner Spence -Jones: I thought the -- one of the things that was very interesting in the presentations today as people walked up -- stepped up to the mike was -- that really was resounding for me was the fact that it didn't matter what race the person was or what color or creed they were; this disease has definitely had an impact on not only their lives but their families' lives. Andl think that, you know, for us, as sitting Commissioners up here, we realize that we have a great responsibility. Sometimes it's, you know, about doing what's right, no matter what. And there's no question -- I mean, we could look at all of the issues around why we can and we can't do certain things, but -- the one thing that I'm proud of today is that it seems as though this Commission -- you know, my fellow colleagues understand the importance of regardless of what those minor details are, it's about doing what's right. The question came up about -- andl do understand, you know, 'cause I had a concern about this in the very beginning, but then when I thought about it, I understood why it was important for people to have a choice as to where they live. I think it's really important for people already living with challenges, you City ofMiami Page 17 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 know, of having the disease -- and as the young lady stepped up to podium today, sometimes your own family don't accept you. So I think that it's important for people to have a choice regardless of what kind of disease they have in their lives, that they're battling on this issue. I want to acknowledge the young lady from Empower U. I think her name a Vanessa. She's actually -- not -- she services a lot of the clients in my district. She truly is an inspiration. She took lemons and made lemonade out of it and began to bless other people even after her own afflictions. And anybody that's -- the organizations that are in this fight every single day to inspire and empower and to encourage people to not give up. And you know, sometimes when we have these situations take place where you have to come and stand up, you know, for what we already know what's right, we don't really understand why it's happening, and I'm just glad to see that this City Commission understands the importance of looking beyond the smaller issues. I say that in closing. I don't know how many people actually had family or friends that have been affected by the virus, but I know that, for the most part, we either know someone or have had someone close to us affected by this, and it is not a pretty thing. And as the young lady expressed how she lost her brother, you know, to the disease and how difficult it was and, you know, how even in her own household, her brother appeared to almost be a leper. We can't be -- we can't play a role in making it difficult for those individuals living with AIDS. We have to figure out a way to continue to support them to make sure that their days left on this planet are good ones. I want to acknowledge also the staff. I think that George, your staff member -- I don't -- I never remember your name. Mr. Louis: Ray Louis. Commissioner Spence -Jones: You did an awesome job with the presentation. It's -- to me -- to see how much thought you put into preparing the document and making sure that all the Commissioners understood how this disease is affecting, you know, our community and our City, I just want to commend you for your hard work and you, too, as well, George, for being a leader in that. It's no question to me about as to whether or not we're going to support this 'cause it is simply just the right thing to do. But I do want to say this: For those that understand that there is something much great greater than all of us, we have a responsibility as leaders to bless others and think today's vote will symbolize that -- you know, the importance of making sure that those individuals that may be weak at this particular moment in their lives, that there are people that truly care about them and want to see that they live a good life. Chair Suarez: Thank you. (Applause) Chair Suarez: I just want to finish by saying that I echo what Commissioner Spence -Jones comments on the congratulatory praises about the presentation. I thought the presentation was very thorough, very well put together. You definitely drilled down on the statistics andl think all of us, to a certain extent, were shocked to see, you know, just how prevalent it is in our community. I'm very glad and proud that the City ofMiami administers this program. And you know, I welcome all discussions regarding efficiency. I think that, you know, that's obviously something that we, as fiscally prudent Commissioners, have to engage in on every issue. What kind of concerns me is that, you know, entities like the County are actually doing away with administering programs on the basis of efficiency, like Head Start. So you know -- so I don't know that they would be willing to take on any additional responsibilities when they are trying to get rid of their responsibilities that they seem to have. So I wholeheartedly support this. I think it's a -- like a lot of things where there's a lot of need. The resources that we have are nowhere near what's needed to meet the need and that's the real tragedy of this, but the silver lining is that we do have some resources. We do want to spend them in our community. And the City gets a disparately large amount of the funding so that is -- you know, that is a very important thing, even though we're population wise, you know -- a certain factor, we're getting funding wise, almost double the funding for population, and that's because, you know, we have numbers here City ofMiami Page 18 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 in the City ofMiami. And the City is an urban city. It's a little bit less expensive to live in and people have -- tend to congregate in the City. So without further ado, it's a public hearing, PH.1 item. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. PH.2 RESOLUTION 12-00222 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING Development OPPORTUNITIES FOR PERSONS WITH AIDS PRIOR YEARS' RESERVE FUNDS, IN THE TOTAL AMOUNT OF $996,820; ALLOCATING SAID FUNDS TO THE AGENCIES AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES DURING FISCAL YEAR 2012-2013 TO ADDITIONAL LOW INCOME INDIVIDUALS LIVING WITH AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00222 Summary Form.pdf 12-00222 Notice to the Public.pdf 12-00222 Legislation.pdf 12-00222 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-12-0112 Chair Suarez: PH. 2. George Mensah (Director, Community Development): Commissioner, PH.2 is authorizing the transfer of Housing Opportunities for Persons with AIDS (Acquired Immunodeficiency Syndrome) prior year funds reserve account, in amount of $996,820; allocating said funds to the -- to provide housing assistance and housing related services. This resolution will allow us to bring additional HOPWA (Housing Opportunities for Persons Living with AIDS) clients to the program. We intend to bring it -- pull out additional 28 individuals from the wait list so that they can receive services. Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Carollo. Commissioner Carollo: Public hearing. Commissioner Spence -Jones: It's a public hearing. City ofMiami Page 19 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: This is a public hearing, PH.2. Any member from the public wishing to speak on PH.2? Seeing none, hearing none, the public hearing on PH.2 is closed. All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. PH.3 RESOLUTION 12-00299 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION FOR PROGRAM YEAR Development 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $24,214 FROM THE DISTRICT 3 RESERVE ACCOUNT, IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES, AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00299 Summary Form.pdf 12-00299 Legislation.pdf 12-00299 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-12-0113 Chair Suarez: PH.3. George Mensah: George Mensah, director of Community Development. PH.3 is allocating 2011/2012 CDBG (Community Development Block Grant) funds in the amount of 24, 214 from the District 3 reserve account in the public service category to the agencies I will spec. And the agencies are Little Havana Activities and Nutrition Center, 10,214, Southwest Social Services, 5,000, Allapattah Community Action, 5,000, Curley's House, 4,000. And also, which is modified to extend the contract to October 30, 2012 so they can use those funds. Chair Suarez: Thank you. Commissioner Carollo: Move it. Commissioner Spence -Jones: Second. Chair Suarez: This is a public hearing. Any member from the public wishing to speak on PH.3. Hearing none, seeing none, the public hearing is closed. It's been moved by Commissioner Carollo and second by Commissioner Spence -Jones. Any further discussion? Commissioner Spence -Jones: Mr. Chairman, I'djust like to thank my fellow colleagues -- Chair Suarez: Yes. Commissioner Spence -Jones: -- for supporting Curley's House -- Chair Suarez: I echo that. City of Miami Page 20 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Spence -Jones: -- taking money out of his district. I wanted to at least say thank you. Chair Suarez: I echo that. I also received as a recipient -- Commissioner Gort: Same here. Chair Suarez: -- so thank you so much. Commissioner Gort: Thank you. Chair Suarez: All in favor, signift by saying aye." The Commission (Collectively): Aye. PH.4 RESOLUTION 12-00224 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED, IN SUBSTANTIALLY THE FORM OF EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF, CONVEYING AT NO COST TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF MIAMI, FLORIDA-OWNED PROPERTY LOCATED AT 1490 NORTHWEST THIRD AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE OVERTOWN SHOPPING CENTER; FURTHER AUTHORIZING THE EXECUTION AND RECORDATION OF A COVENANT OF USE IN FAVOR OF THE UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION, IN SUBSTANTIALLY THE FORM OF EXHIBIT "B," ATTACHED HERETO AND MADE A PART HEREOF. 12-00224 Summary Form.pdf 12-00224 Notice to the Public.pdf 12-00224 Federal Grant.pdf 12-00224 Grant Memorandum.pdf 12-00224 Release of Property Interest.pdf 12-00224 Legislation.pdf 12-00224 Exhibit 1 SUB.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0114 Chair Suarez: PH.4. Henry Torre: Good morning. Henry Torre, director of Public Facilities. PH.4 is a resolution authorizing the City Manager to execute a quit claim deed conveying the Overtown Shopping Center, located at 1490 Northwest 3rdAvenue, to the CRA (Community Redevelopment Agency) for the purposes of rehabilitation. City of Miami Page 21 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Gort: Move it. Commissioner Spence -Jones: So moved. Vice Chair Sarnoff. We have a -- Commissioner Spence -Jones: Second. Mr. Torre: We do -- Vice Chair Sarnoff. -- motion and a second. Any discussion? Commissioner Carollo: Mr. Chairman. Vice Chair Sarnoff. You're recognized for the record, Commissioner Carollo. Commissioner Carollo: Thank you. Mr. Torre: We do have an amendment that I was going to go over briefly to the quit claim deed. Commissioner Spence -Jones: Can -- ifI -- do you want me to put something on the record while you --? Vice Chair Sarnoff. You're recognized, Commissioner. Commissioner Spence -Jones: Thank you, Mr. Chairman. Again, this is just so we're all on the same page and those watching know what this is about. This is a shopping plaza that's in the heart of Overtown, I believe on 3rdAvenue and about 15th Street. It's kind of been an abandoned supermarket there for very long time. The community in that particular area don't have a grocery store or a smaller grocery store. Most of the stores that they go to are corner stores for their basic groceries. The Mayor, when I first got back, had expressed there were several people interested in seeing the grocery store. And once I got back in the neighborhood also in Overtown, many people, you know, start pushing -- community residents pushing to have a grocery store in the area. So the whole idea through the CRA -- through the leadership of the CRA is to rehab not only the grocery store but the whole entire plaza so that we can get stores, a retail shops in there, along with a grocery store. The grocery store should bring about 30 to 40 jobs in the area, and the CRA will be putting this out competitively to make sure that we get a great grocery store in the overall area. Mr. Torre: Correct. And ifI can expand. Commissioner Spence -Jones: Sure. Mr. Torre: The overall center is 20,000 square feet. Seventy percent of that center is unleasable at this moment; has fire code violations, code violations. It has been in its current condition for over ten years and we estimate that the City has lost probably close to $400, 000 maintaining this property. Commissioner Spence -Jones: And what we plan to do is basically, through the CRA, rehab the building. We have a few tenants already interested in coming in the building -- I'm putting that out -- and at least making -- bringing life back to that particular area. A lot of the focus from the CRA, at least the Overtown CRA, has been everything below 14th Street, so this will be the first major project that we have something going on. I believe next door there's going to be a major Culmer Center development happening, hopefully, but in the meantime, we need to give the residents in the area some relief. I do know that in my briefings there was some concern -- thank City of Miami Page 22 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 you, Alice, for sharing those concerns -- regarding whether or not the sale of the property would go back to the City. I don't have a issue with that. For me it's really about, again, focusing on what's important to the people there right now, so I think we were able to resolve, and if you can put the amendment on the -- Mr. Torre: Yes. Commissioner Spence -Jones: -- the floor -- Mr. Torre: Yes, we have. Commissioner Spence -Jones: -- that -- on the record, I would appreciate that so that if there's any questions or concerns about that, they can be addressed. Mr. Torre: Okay. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner, you're recognized. Commissioner Carollo: Thank you. First of all, thank you for the amendment 'cause that's something that we had discussed, so I'm glad to see it. Should there be any transfers or sale of that property before that transfer occurs, it needs to come back to City Commission for approval. And we need to at least receive no less than fair market value. Mr. Torre: Correct. Commissioner Carollo: So that's a very good amendment. Thank you. Mr. Torre: Correct. Commissioner Carollo: And that definitely, you know, solves one of my concerns. Another concern I have was that actually Commissioner Spence -Jones addressed, procurement, if we're going to have competitive bidding for any of the work, so that was another one of my questions and I'm very glad that you put it on the record 'cause I think that's very important. The other -- there's a few other things that I do want to mention that I do have some concern and maybe we could, you know, address them. One is even in the 60/40 split, whether -- you know, if the -- if we sell the property and, you know, there's a profit, the 60/40 is after we reduce documents and expenses. Mr. Torre: Correct. Commissioner Spence -Jones: Right. Commissioner Carollo: The problem is I don't have anything from the CRA giving me, you know, minimum requirement of investment or a business plan, andl will feel a lot more comfortable if they had something written thatl could see. Again, I'm -- you know, I think this is -- this has the potential to be a great project and definitely needed in the area and it's the reason for the CRA, but I would definitely prefer to have some type of you know, business plan or some type of at the very least, minimum requirement of investment. You know, what are you going to invest? What -- you know, something written. Pieter Bockweg: Good morning. Peter Bockweg, executive director of the CRA. Commissioner, City of Miami Page 23 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 initially, per the vision of the Chairman and the CRA board, ultimately we will be looking to RFP (Request for Proposals) a supermarket. We have estimated that cost of initial investment by the CRA to be about $400, 000, which is a line item that was approved in the CRA budget last month so that is already part of the budget for at least in an amount of $400, 000. As far as future expenses that the CRA will be incurring, obviously that'll be coming before the CRA board for approval and for guidance, but we will be looking to increase retail and services for that area. Commissioner Spence -Jones: And can I just add to that. I think that -- hopefully, we'll be seeing you at the next CRA meeting. We'll make sure that when it comes back in front of the CRA board meeting -- board itself, then we'll make sure all those issues and things that you want to see happen with the overall plan that takes place. Commissioner Carollo: So what you're saying is before any of these $400, 000 can be spent, it will be coming back to the CRA board for approval? Commissioner Spence -Jones: Of course. Mr. Bockweg: Absolutely. We will put the RFP out and then we'll bring the recommendation before the CRA board and then ultimately the contract will be for the board as well for approval. Commissioner Carollo: Okay. Just for future purposes, I can -- with this deal -- or with this resolution, I could go along with that. Just for future references, when it comes to City Commission, I want to have a business plan. I want to see exactly how those monies are going to be spent because, realistically, we are acting as a City Commission board and even though, yes, they're the same board members, we operate with different rules, you know. There's no five-day rules in the CRA. There's a lot of -- there's a big variety with regards to the rules. We know for a fact that we meet every, you know, two -- you know, at least twice a month for City Commission. We know the dates. In the past, the CRA, you know, we've had meetings in a whim and -- there's just different rules. So for right now, I'm okay with it, you know, as long as it comes back to the CRA board, but for future references, anything like this, or for future purposes, I prefer there be a business plan we (UNINTELLIGIBLE) be a little bit more precise in how those monies will be spent, okay. Mr. Bockweg: Commissioner, I'll make sure that when the item comes back, the business plan is attached as part of the backup for future investments. Commissioner Carollo: Thank you. Chair Suarez: Thank you. Commissioner Carollo: A few other things, if possible. In number 8I see here the City may review but not approve any agreement or instrument granting to any person and interest in or any right of occupancy possession of the property. Is there possible to include something in there? And where I have the problem, obviously -- andl understand as far as feasibility, as far as timeliness, if we could include somewhere, unless there is some type of change to what we're intending to do with this facility. Is that possible? Commissioner Spence -Jones: Repeat your statement again. I missed it. Commissioner Carollo: Okay. In number 8 -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- we have the City may review -- so in other words, we may review but not approve any agreement or other instrument granting to any person in interest in or any right City of Miami Page 24 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 of occupancy of -- or possession of the property. I think it's reasonable to say -- and you've already stated what you think we're going to be doing with that. Let's say something changes and we want to go a different direction or the CRA wants to go a different direction and, I don't know -- I'm not going to come up with some wild -- but let's say that happens. If there is, you know, that type of change that, you know, we can -- it will need City Commission approval. Commissioner Gort: I'm not an attorney, but can't you put any deviation from the plan approved by the Commission would have to be -- come back? Mr. Bockweg: Well -- Commissioner Gort: I mean, that's -- Commissioner Spence -Jones: I'm fine with that. Veronica Xiques (Assistant City Attorney): Commissioner -- Commissioner Spence -Jones: That's not a problem. Ms. Xiques: Good afternoon. Veronica Xiques, assistant City Attorney. Right now the document, the quit claim that's in front of you, doesn't have any use restrictions. We have Commissioner Spence -Jones statement on the record that the plan is to use it as a neighborhood shopping center that has a neighborhood grocery store, but there's nothing here that would legally bind the CRA to use it in that manner. If you would like, and the CRA agrees, then we can include language in it that would require that the use of the property be as a neighborhood shopping center with a component of a grocery store. Commissioner Spence -Jones: Now let me just be clear. I want to just make sure that we -- I don't want to lock us into necessarily a grocery store -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- 'cause it could be like a -- Commissioner Carollo: Yes. Commissioner Spence -Jones: -- family dollar. I'm just using -- Commissioner Carollo: Yes. Have to -- Commissioner Spence -Jones: -- but it has grocery but other things. Commissioner Carollo: And retail. Commissioner Spence -Jones: So I want to have the flexibility. I -- Commissioner Carollo: Yeah. Commissioner Spence -Jones: To me, it's about the jobs. Commissioner Carollo: Absolutely. And we should include in there and retail or language that it gives them that flexibility 'cause I don't want to hinder this, but I want to make sure if we're going a whole different direction -- and yeah, I mean, the City is actually giving up the land, so if we're going in a whole different direction that is not retail, that is not, you know, a grocery store or businesses of that level, then it comes back for approval. Doesn't mean it can't happen. It just City of Miami Page 25 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 needs to come back to the City for approval. Mr. Bockweg: Commissioner, ifI may. Commissioner Carollo: Uh-huh. Mr. Bockweg: We are restricted by that piece of property as the City is by the zoning of that property, so the uses of that property is based on the zoning. Obviously, if there's a change of zoning on that property, it would have to come before the City Commission anyway. So our restrictions for that property are based on zoning requirements. So I don't think it's -- I think our restrictions should also be based on what is allowed under the zoning code and not be restricted under any other thing than what it's zoned for, unless of course the will of the CRA board or the Commission is to change that. However, our restrictions are already based on what this property is zoned. Commissioner Carollo: Madam City Attorney, I yield to you with regards to guidance. Ms. Xiques: Commissioner. Commissioner Carollo: You understand my intent? Ms. Xiques: I understand your intent. At this point it's a policy decision. If you wish to make that amendment, and the CRA agrees, we'll put it into the document. Otherwise, the property has a certain zoning and the CRA cannot do anything on the property that doesn't comply with that zoning. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff. 'Cause I -- Chair Suarez: Commissioner. Vice Chair Sarnoff. -- I'd like to sort of I think, foster what Commissioner Carollo's saying. First place, the policy I liked of this is that a lot of our Overtown certainly, maybe even Liberty City, are what known as food deserts, and food deserts simply mean that you have people with $5 in their pocket. Where are they going to go? They'll simply go to McDonalds or Burger King, something very easy, or even a store that doesn't sell good healthy food. Now I happen to believe one of the best ways of correcting some of the behavior associated with a national problem, which is, you know, obesity and diabetes and whatnot, is to stop these food zones. So I really do support this because there's a grocery element planned and intended. I'm not so absolutely sure I would support this if a dollar store went in there and there 's reasons for that: 'Cause I don't think it corrects the neighborhood. I don't think it services the need. I actually was going to just pipe in and say, Commissioner Spence -Jones, I think it's a great idea. You know, this is a food desert. Overtown is, if you don't know this, one of the biggest food deserts in the United States. There is no grocery component in the neighborhood. At 14,000 square feet, you know, you're not going to get a Publix, but you're going to get something much larger than what they ordinarily get, which is a 4 or 5,000 square foot, you know, package store, I guess is the best way to describe it. So I hear what Commissioner Carollo's saying, and l just want to go on the record. I would look at this differently if it was opened for every type of retail use conceivably and more specifically a dollar use or a dollar store 'cause it doesn't change the neighborhood, it doesn't present -- it doesn't fill a need that I think that neighborhood has. It is a food desert. I support this because there is intended on going in there a grocery store. So I would like to see a component of that -- you know, I don't know ifI need it in a deed restriction City of Miami Page 26 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 because I'm on the CRA board. I mean, when it comes in front of me and somebody says I'm going to put a dollar store in there, I'm probably going to vote against it, candidly. It doesn't serve, I think, a legitimate policy initiative. Now I know Commissioner Spence -Jones's policy initiative of getting a grocery store, I absolutely endorse. And there is so much written on food deserts today that -- you know, I've spoken with a number of the preachers in the African American community andl think this is the entry point of (UNINTELLIGIBLE) how to start correcting some behavior that can really change things in America. So I just want to go on the record andl support what Commissioner Carollo's saying. I don't know if it needs to be -- come back to this Commission, if it needs to be in the deed 'cause anything we do here -- we're discussing a quit claim deed so you're going to have a reverter clause in there, is my guess. That reverter clause would be the failure of the CRA to employ a grocery store of not less than, let's use a number, 10,000 square feet, the property would revert back to the City. That's the only thing we really could do here right now. And the only reason I'm not sayingl have to have that is I don't intend on missing the CRA board meeting when somebody comes in and says, oh, I have three different uses and 3,000 square foot each and -- you know, obviously, I'd have to listen to what they are, but my vision is what Commissioner Spence -Jones is and that's to stop a food desert. Commissioner Spence -Jones: Right. Chair Suarez: Thank you. Commissioner Spence -Jones: Mr. Chairman. Commissioner Carollo: Mr. Chairman, ifI could continue. Chair Suarez: Whoa, whoa, whoa. Commissioner Carollo, then we'll go to the executive director, and then Commissioner Spence -Jones. Go ahead. Commissioner Carollo: Thank you. And I yield the floor to my colleagues so I hadn't finished. And by the way, I think grocery store is a great idea; and even a dollar store, I will yield to the district Commissioner on that in all fairness. I will yield to her. She knows that area. I think -- you know, I'm sure she'll be an intricate part of you know, what should go there. I just want to make sure that something doesn't -- you know, that we have enough pull that if something goes a totally different avenue, that the City Commission does have some type of reverter clause. Because the only reverter clause that I'm seeing right here is in the event the CRA violates or otherwise fails to comply with any of the restrictions, conditions -- I don't know what they are -- and covenants set forth in this deed, the CRA shall correct or cure such default violation within 30 days of notification of the default by the City. The cure period: If the CRA fails to remedy such default within the cure period, the City shall have the right to reenter and take possession of the property or any portion of the property. But conditions, I don't really see -- you know, it's not itemized. It's not -- it doesn't specin, what the conditions are, and that's why I kind of would have preferred the CRA to put, you know, on the record or actually have a business plan, have some type of you know, documentation of what exactly is going to be invested and what is expected because the reverter clause -- I mean, I'm not an attorney, butt just don't see that it's there to be able to cover the City should things not go the way it's supposed to and then (UNINTELLIGIBLE). Vice Chair Sarnoff I think it actually is. If you just read the quit claim deed, you'll see that -- Chair Suarez: Those are the restrictions. Vice Chair Sarnoff -- the requirements. Chair Suarez: Yeah, those are the restrictions (UNINTELLIGIBLE). City of Miami Page 27 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: Those are the restrictions, but we don't have conditions, like for example, does it say somewhere in here that it has to be a grocery store of 10, 000 square feet? No. Chair Suarez: No. I think what you're saying is that more specifically -- Commissioner Carollo: Right. Chair Suarez: -- that it doesn't specin, in one of the restrictions or conditions that it should be confined to whatever we want to confine it to. Commissioner Carollo: Right. And what I'm saying is I don't -- I definitely don't want to hinder the process of you know, the retail within the store, but I want to have some type of you know, assurance that that, you know, will be -- you know, what are the deliverables and that that would occur. That's what I'm concerned. I just want to make sure the City is covered. Chair Suarez: Mr. Bockweg. Mr. Bockweg: Thank you, Mr. Chair. And just to cover a couple points and possibly put you at ease, as far as the limitations of what uses are going in there, we are governed under the zoning code, which was approved at Miami 21, and we have to follow that like everybody else. As far as the use, the specific stores that might go into the Overtown Shopping Center, those will be described in the RFP that will be put out. So we can put requirements in the RFP of the kind of grocery store or retail shop or commercial space we want to have occupied in that setting. Again, that'll be coming before the board for your approval and, of course, as far as the budgetary, we're coming before you as well. To address the reverter issue, the reverter -- putting a reverter in there, which there is some language in there too as long as we meet the requirements that are the CDBG requirements of hiring at least 16 people. Commissioner Carollo: That's it. Mr. Bockweg: Well -- and there's a good reason for that, Commissioners, because if we put too much restrictions as far as a reverter clause in that -- in this quit claim deed, we will then be restricted by the type of hopeful investment and businesses relocating to that area; because if we have that reverter in there, that might hinder future investment by them applying for that RFP. We're -- and it's our position that we feel -- you know, we are taking over the requirements that are now imposed on the City, which is the hire requirement which we look to do with this grocery store, which an RFP will be going out for, between 30 to 50 people will be hired, so that requirement will be met. If we do not meet the minimum requirements as set by the CDBG right now, then it does revert back to you. So the protection of it coming back to you is if we don't -- if we do not do what the requirement is, and l feel that we are covered as far as restricted what we can do there. Ultimately, what will be placed in that facility is going to be -- come in front of the CRA board and for CRA board approval which, as you know, is all of you. So it does come before you on a different entity, of course, but we are restricted by the zoning code, as I said. Commissioner Carollo: Let me ask a question. If it comes before the CRA board and we disapprove it, if it comes before the CRA board and we disapprove it, does the City have a reverter clause and bring it back to the City? Chair Suarez: I would say -- Mr. Bockweg: Disapprove what? Chair Suarez: Wait, wait, wait. I understand his question. His question is the CRA board did City of Miami Page 28 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 not approve of the allocation offunds, would it revert back to the City? Andl happen to be a realistic lawyer, so I'll answer it. It says here in number 9, which is another one of the reverters, if at any time the property shall be dormant, then in such event the Commission of the City of Miami, Florida, this option may pass and adopt a resolution declaring the title and rights and interest of the CRA and the property revert to the City. So if, basically, we don't approve any kind of a use or the use that's proffered to us, after a certain period of time the property's dormant -- Commissioner Carollo: Five Years, so I'm fine. Chair Suarez: -- we can -- Vice Chair Sarnoff We can amend it. Chair Suarez: Yeah, we can make it smaller. Yeah. One year. You can do one year. Mr. Bockweg: The five years -- Chair Suarez: Yeah. Mr. Bockweg: -- coincides with the CDBG requirement of the hire requirement. That's why the five years is in there. Chair Suarez: Commissioner Spence -Jones and then Commissioner Gort. Commissioner Spence -Jones: I'll yield to the Vice Chair of the CRA. I'll yield to him. Chair Suarez: Commissioner Gort. Commissioner Gort: Couple of questions. When was this built? Mr. Torre: It was built in 1980. Commissioner Gort: 1980. I think I'm the only one sitting here when it was -- not when it was built, but when we were trying to get an operation and we have a grocery go in there, it was Crown Market. Crown Market did very well I think for 10, 15 years. I don't know if the reason they close because of the lack of business or because he became an attorney, a very powerful attorney, and he's doing very well as an attorney. So I don't know what happened there. My question is what does it cost the City ofMiami -- what does it cost to us every year maintain this building? Mr. Torre: To maintain this building, we are at a loss of between 3,000 to 4,500 a month. Commissioner Gort: A month? Mr. Torre: Yes, sir. Commissioner Gort: Okay. And we've been having this for how many years now? Mr. Torre: Close to 15 years. Commissioner Gort: Fifty years. Mr. Torre: Fifteen. City ofMiami Page 29 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Gort: Fifteen. Mr. Torre: Fifteen. Commissioner Gort: Okay. Mr. Torre: We estimate the loss over that period has been between 450 to 600, 000. Commissioner Gort: CRA takes it over; we don't have any more debt. Mr. Torre: Correct. Commissioner Gort: Okay. Thank you. Chair Suarez: Thank you. Yes, Commissioner, you're recognized. Commissioner Spence -Jones: Mr. Chairman, let me say this. I totally -- I want to make sure that no matter what we do what's right. You know, the bottom line to me -- and we had this discussion when we talked about this before the item even got on the agenda, that it's no matter what, it's still the City property. Mr. Torre: Correct. Commissioner Spence -Jones: Okay. The City ofMiami Facilities Department had it for the last ten years at least. Mr. Torre: Well, the -- excuse me. GSA (General Services Administration) was managing it for the last -- Commissioner Spence -Jones: Well -- okay, well, GSA, Public -- the City then, okay -- Mr. Torre: Correct, correct. Commissioner Spence -Jones: -- had it. At this point, if we even talk about the tenants that's in there now, they're all City ofMiami programs, so -- except the one which is the bank. Mr. Torre: The bank. Commissioner Spence -Jones: Thank God for the bank 'cause the people in the community would not even have a bank in the neighborhood. Mr. Torre: Well, the bank is on a month -to -month basis. Commissioner Spence -Jones: Okay. Mr. Torre: So they may leave at any time. Commissioner Spence -Jones: But that's your only real tenant. Mr. Torre: Correct. Commissioner Spence -Jones: Everything else I have is the City's homeless program -- Mr. Torre: And the NET (Neighborhood Enhancement Team). City ofMiami Page 30 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Spence -Jones: -- the NET office. Mr. Torre: Correct. Commissioner Spence -Jones: And for the most part, all of that space is taken up with that and that's fine. I understand it's become, you know, space for City departments. But the reality is when it was originally built, it was really built to stimulate the economy in the area and provide jobs. I think what -- I'm assuming what we all sat down and worked on between both sides, the City and the CRA, was to try to figure out a way to get this space moving again. I think Veronica? I think Veronica did a great job with the agreement and we wanted to make sure that she was sensitive to both sides, the CRA sides and the City sides. For me, I'm not really concerned about all of the -- those details in which we're speaking. I don't -- we can make whatever adjustments we need to make for it to revert back to the City. Right now the CRA has the funds to at least rehab the building and at least get it back in the market. Chair Suarez: Right. Commissioner Spence -Jones: That's what we're trying to do. So whatever adjustments you want to make on it, I'm cool with it. It doesn't matter to me. But I think it's important for the CRA to have the latitude to be able to do whatever is necessary in order to attract someone to come in there. So at this point -- unless Veronica, which is the City Attorney that actually pulled the agreement together, feels that there are any other things that need to be addressed in this agreement, I would like for her to at least put those on the record. But I would hope that I have the support of my fellow colleagues. At this point we need to get the shopping plaza back system, back out there so that people could be utilizing it, not sitting there not being used. Chair Suarez: Commissioner. Commissioner Spence -Jones: That's what the CRA's supposed to do. Commissioner Gort: My understanding, this was built with the CDBG grant. Mr. Torre: Yes, sir. Commissioner Gort: Community Development Block Grant, something like that. At the same time, they have certain restrictions to the use of the property. Mr. Torre: Yes. Commissioner Gort: At the same time, the zoning -- my understanding is the zoning implemented in there at this time can only allow certain use. Am I correct? They cannot go beyond that use. If they want to change that use, they would have to continue in front of us to be approved. Ms. Xiques: That's correct. Commissioner Gort: Thank you. Chair Suarez: Thank you. Commissioner Spence -Jones: Madam City Attorney, do you have anything you want to put on the record? Ms. Xiques: Commissioner, the document as drafted protects both the City and the CRA, and it's a business decision that was reached after several meetings between City staff your office, and City of Miami Page 31 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 CRA staff. If there are additional restrictions that this Commission wishes to put on it, those are business decisions, policy decisions, we'd be happy to make the changes if CRA agrees, but the parties don't deem that this is necessary at the time. Commissioner Spence -Jones: And ifI can say, Mr. Chairman, on this -- Chair Suarez: Yes. Commissioner Spence -Jones: -- andl'm going to shut up on it 'cause I think it's a lot of energy on it. But the reality is, you know, the more time we lose on this thing, the more time it stays where it is. And the whole purpose of us putting this item on the agenda is for us to get it moving pretty quickly. And to my understanding, it still has to go in front of the CRAss board to accept, correct? Mr. Bockweg: That's correct, ma'am. Commissioner Spence -Jones: Okay. Mr. Bockweg: And it's on next week's agenda. Commissioner Spence -Jones: Right. So we really want to make sure after that -- I've given them a mandate. We can't allow for things not to be moving in Overtown. We have the resources now; for a long time we didn't. Here's an opportunity to really actually see things transform in the neighborhoods and this will be one of the biggest projects above 14th Street that we're able to get done. So I would ask for my fellow colleagues to support this item. If there's any other amendments or changes that you'd like to add, I don't have a problem with it, but at this point the people of Overtown really need to have the shopping plaza. Chair Suarez: Thank you. I just wanted to -- let me -- 'cause I haven't had a chance to speak on this issue. You know, I agree with Commissioner -- the Vice Chair and Commissioner Spence -Jones that the area really would benefit greatly from having a shopping center. I also kind of hear Commissioner Spence -Jones's frustration that, you know, the community has been frustrated by the fact that we need to get the monies that we have in the CRA to work and we need to get them on the street. Andl commend Commissioner Gort and really Commissioner Spence -Jones for choosing Commissioner Gort, which I think was a very wise choice to have someone to shepherd, you know, us through that, but we need to do it and we need to do it fast because everybody knows that CRAs are under a tremendous amount of scrutiny and, you know, if we don't do things the right way and we don't do things properly, there's going to be some ramifications so. Commissioner Spence -Jones: Andl have to just -- andl'm -- say anything after this, but we have to remember, too, one of the reasons why the CRA never had an opportunity to even help the shopping plaza, it was never in the zone until we had to expand the boundaries. Now that the shopping plaza is in the expanded boundaries, we are able to do more on -- above 14th Street. And this to me would be a very -- it's -- to me it's a -- it would be a big project, at least something that we can get out in the area quickly and see change. Commissioner Gort: Contribution of 3rdAvenue. Commissioner Spence -Jones: Yeah, I know. Chair Suarez: Okay, it's been -- Commissioner Spence -Jones: Did we have a motion and a second on --? City of Miami Page 32 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Yeah, we do. Let -- the public -- let me open up the public hearing on this item. PH.4, the public hearing is opened on PH.4. Anyone wishing to speak on this item? The public hearing is closed, coming back to the Commission. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: I agree with basically what everyone's saying, andl definitely hear the intent, the will, and to a certain degree, the frustration of Commissioner Spence -Jones in wanting to get this, you know, approved and get something active, something that's working in Overtown. As a matter of fact, you know, many, many years ago, back in 1980, you know, we received a 1,580,000 to, you know, build this and get it going. The Overtown Economic Development Corporation was the one who was managing it. Somehow it has defunct now andl guess GSA took it over. And agree it's been many, many years and nothing has really happened in that area. You know, at the same time, I -- you know, I always -- like I've stated, I -- you know, I appreciate discussion, and these are things that although the intent is not lost and the will to have this happen is definitely not lost, you know -- I hear attorneys saying, you know, the devil's into details, so that's why, you know, I bring up some of these issues. Andl have one last thing that should not be a big deal but do want to bring it up andl do want it as an amendment. In number 12 it says with regards to if the CRA ceases to exist, then it will go to -- this will go to the legally and valid [sic] organized successor entity. I don't know who really defines that type of entity. So if it's possible, an amendment that if the CRA does not exist anymore, it is abolished, that it automatically reverts to the City ofMiami. Ms. Xiques: Commissioner, the successor to the CRA is determined by statute. Statutorily, the scheme says that any property that's owned by the CRA when the CRA sunsets will revert back to the City, unless through an agreement between the City and the County a different successor has been chosen. That's language that's there to comply with the statute. If you change it and you take away the County and City power to deem an alternate successor, you're essentially violating what the statute requires. Commissioner Carollo: So what you're saying is that by statute, we have to leave that in there? Ms. Xiques: Well, by statute the CRA successor is determined. At one point -- Commissioner Carollo: By the County -- Ms. Xiques: -- I believe it's -- Commissioner Carollo: -- and the City. Ms. Xiques: Correct. Commissioner Carollo: Which this goes to what I was first saying. I don't know who determines who is a legally and valid [sic] organized successor entity. So if the City does have a say in it, then I'm a little bit more at ease with it. And you say the City and the County because originally the CRA is -- you know, has the County component? Ms. Xiques: Correct. The CRA's created because Chapter 163 Florida Statutes gives a county the authority to create a community redevelopment agency. The County passed an ordinance back in 1982 -- I'm sorry, a resolution that authorize the creation of the Southeast Overtown/Park West Community Redevelopment Agency. The City passed a similar resolution accepting from the County the powers and the obligations that the County gave it, so based on that, the -- any creation of a successor entity upon the expiration of the CRA would have to go City ofMiami Page 33 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 back to the City and the County. And in addition, any transfer of interest pursuant to this quit claim deed has to come back to you even if it's not at the expiration of the CRA. Commissioner Carollo: Okay. Thank you. Chair Suarez: Okay. It's been moved and seconded. All in favor, signift by saying aye." Ms. Thompson: No. I'm -- Commissioner Gort: Aye. Chair Suarez: Sony? Ms. Thompson: Before you take -- Chair Suarez: As amended. Ms. Thompson: Yes. Thank you. Chair Suarez: As amended. My apologies. As amended. Ms. Thompson: Thank you. Chair Suarez: All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: It passes unanimously, 4-0. We're going to break now for lunch. We'll be back at 2 p.m. sharp. We have a time certain item, which is the auditor general. Thank you. PH.5 RESOLUTION 12-00241 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR FINANCIAL SERVICES IN SUPPORT OF COLLECTIVE BARGAINING, LABOR NEGOTIATIONS, AND RELATED BUDGET ISSUES; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), AND THE FINANCIAL FIRM, PUBLIC FINANCIAL MANAGEMENT, INC., IN AN AMOUNT NOT TO EXCEED $110,144.00, FOR THE PROVISION OF QUANTITATIVE AND ANALYTICAL FINANCIAL SERVICES TO THE CITY IN SUPPORT OF COLLECTIVE BARGAINING, LABOR NEGOTIATIONS, AND RELATED BUDGET ISSUES; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531000. City of Miami Page 34 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 12-00241 Summary Form.pdf 12-00241 Notice to the Public.pdf 12-00241 Memo - Public Financial Management.pdf 12-00241 Pre-Legislation.pdf 12-00241 Municode - Section 18-85.pdf 12-00241 Legislation.pdf 12-00241 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-12-0117 Chair Suarez: PH.5. Janice Larned: Mr. Chairman, good afternoon. January Larned, assistant City Manager, chief financial officer. The item before you, number 12-00241, is a resolution that requires a public hearing. This is in respect to financial advisory services that were performed by PFM (Public Financial Management) within the last two years. This is a housekeeping item, and generally, I would say that housekeeping items should be simple, but this one is not and it's going to require some explanations. Having said that, there are two agreements. One agreement was in fact authorized by the City Commission; the second agreement was not. There's also payments that need to be ratified as part of this resolution because there was overspending in these contracts. Going forward, we're asking that the items be ratified by the City Commission because they were, in fact, not following internal procedures, but in bringing it forward to the City Commission, we are taking the action in order to correct the record. Any questions? Chair Suarez: Yes. This is a public hearing item. Ms. Larned: Correct. Chair Suarez: I'm going to open up to the public. Mr. Cruz, would you like to -- Mariano Cruz: Sure. Chair Suarez: -- opine on this? Mr. Cruz: Mariano Cruz, chairman ofABDA, Allapattah Business Development Authority, 2634 Northwest 21 Terrace. And let me put my glasses because I -- this is going to be like a dissertation. First, credentials. Being a union organizer for many years, since the late '60, early '70s, all that with the BRAG Brotherhood Railway Airline Clerks, and with the Service Employee International Union, many years organizing things, '68, '70, and now with the National Association (UNINTELLIGIBLE) of Letter Carriers, which still pays due up-to-date member, okay. I've been in many, many negotiations or union and management and the whole thing, and my main thing is what telling the people, informing them, the membership, to pay dues, and believe in taxation and representation. And tell you, Florida is a right-to-work state. You know, it's not a closed shop like in other places; everybody have to be a member of the union. But Florida (UNINTELLIGIBLE) have a right-to-work state and the union had to represent you whether you paid dues or not because you get to represent all the members, everybody that's cover under the contract, but many people out there, they don't know it, but I know. I tell it. And I know it. And you know, this is a country of individual people. But I sit here. I read all this. I tell you, I start laughing all that mumbojumbo. (UNINTET,T IGIBT ,F) financial this, (UNINTELLIGIBLE), analytical, (UNINTELLIGIBLE) financial, collective bargain, whole thing City of Miami Page 35 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 there. This is already set up already. The four votes already are there. But I'm going to let you know that not everybody out there is stupid like the Miami Today say. Not everybody is stupid. I -- maybe I don't pay taxes to the City, but a lot of people in Allapattah, businessmen that pay taxes -- Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: -- City taxes and the whole thing, they come here and they don't know this. Chair Suarez: Thank you. Mr. Cruz: And pay license. By the way, the license was raised two years ago 5 percent. Chair Suarez: Thank you. Mr. Cruz: Five percent. No? Chair Suarez: Thank you. Mr. Cruz: Remember, I am a lobbyist. Chair Suarez: I know. Mr. Cruz: You don't -- Chair Suarez: You want more time? Mr. Cruz: Oh, no. Sure. Chair Suarez: You need more time? Mr. Cruz: I need more time. Chair Suarez: Okay. How much more time do you --? Mr. Cruz: I know the -- Mr. Cruz: Pick a number from one to three. How much more time do you need? Mr. Cruz: Remember -- Chair Suarez: One more minute. Mr. Cruz: -- this is a country of individualists and everybody is associated. But we have many unions. You belong to the American Bar Association, Florida Bar Association -- Chair Suarez: Yes, I do. Mr. Cruz: -- Dade County Bar Association. There are unions in (UNINTELLIGIBLE) the pocket. That's what the common interest here, the same thing with the union. The union make possible that I put my children in college too, okay, 'cause that's what the unions are for, and now everybody's attacking the union here. No. And why we need to pay a hundred -- what (UNINTELLIGIBLE) don't we do anything anymore in-house? We got to pay a million something to defend the City against the SEC (Securities & Exchange Commission) (UNINTELLIGIBLE), you know. I am a federal employee and, you know, the federal got plenty City of Miami Page 36 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 of money. It's going to cost a lot more money to the City to fight now with the Marlins stadium, the bonds (UNINTELLIGIBLE) and you know that, and that's (UNINTELLIGIBLE) so pretty soon they tell me, no, there is no money to (UNINTELLIGIBLE) park. There is no money to fix the potholes there because the money is going outside here. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: You talking 110, 000, but I'm sure you talking a lot of money, and I know it. People out there maybe don't know it, but I know it. Chair Suarez: Thank you. We know you keep us honest. Mr. Cruz: (UNINTET,TIGIBT,F) already. I know that. Chair Suarez: We know you keep us honest, don't worry about it. Anthony Hatten: Anthony Hatten, union president -- Chair Suarez: Yes. Mr. Hatten: -- Local 1907, 4011 West Flagler. I just like to -- her to elaborate on how we got in this mess -- Chair Suarez: Thank you. Mr. Hatten: -- before I comment. Ms. Larned: In July of 2007 there was a resolution that was passed by the City Commission to piggyback on an agreement with the city of Philadelphia for financial advisory services related to those analyses that need to be performed for the collective bargaining processes that were impending. The contract was to run from July of 2010 through May of 2011. That contract never got executed, even though it was approved by the City Commission. It was viewed internally -- and again, these -- this is a situation that went back a year or so ago. It was viewed internally as an expert contract and it took a particular path in our procurement process that it was not designed to do. It was to stay on the path of being a contract, have a PO (Purchase Order) cut against it, et cetera, et cetera. Due to the heightened activity during that period of time, for whatever reason -- and the people that made decisions are no longer with us -- the services that were rendered were in fact paid for, but it was under an authorized agreement; it just never got executed. As part of that agreement, if there were to be any renewals for subsequent years, it was to come back to the City Commission. It did not. At that point in time, additional invoices were submitted for the services received, and there are still people within the organization that are familiar with the services. And so we know that in good faith that the organization -- or the firm did in fact provide the services. They were paid for. So this particular issue, if you will, had one contract out of the two that was not authorized, and then it had amounts in total for $110, 000 that were not authorized but were paid. Is that --? Mr. Hatten: Okay. Did it have anything to do with Michael Mattimore, the negotiator for --? Ms. Larned: No, sir. No. Mr. Hatten: No? Ms. Larned: No, sir. Mr. Hatten: This is totally separate? City of Miami Page 37 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Ms. Larned: Correct. Mr. Hatten: Okay. And the ones who dropped the ball are no longer with the City? Ms. Larned: Correct. Mr. Hatten: Okay. All of them, whoever was involved? In other words, they had a, you know, signed check that, you know, they could put anything on it that they wanted, you know, literally. Ms. Larned: It was approved -- Mr. Hatten: It was -- Ms. Larned: -- by the former chief financial officer. Mr. Hatten: And who was this? Ms. Larned: Who was the former? Mr. Hatten: Yeah. Ms. Larned: Larry Spring. Mr. Hatten: Okay. Chair Suarez: Thank you. Mr. Hatten: Thank you. Chair Suarez: Thank you. Mr. Simmons, you're recognized. Joe Simmons: Joe Simmons, Jr., president of sanitation workers union. I think this is something we should keep in-house. And, you know, I've negotiated five contracts with the City, and during my part of the negotiating process, we've always done those analysis internally and that's how we we're always able to come up with the terms and conditions. Even when we open our contracts in '09, that's how we came up with the analysis. The budget director's department and the CFO (Chief Financial Officer), we all came with those numbers collectively, soI don't think it needs to go outside. I think it needs to remain in-house. Chair Suarez: Okay. Thank you, sir. Coming back to this Commission. Vice Chair Sarnoff So moved. Chair Suarez: It's a -- well, first of all, let me close the public hearing. Is there anyone else from the public that would like to speak on PH.5? You already got your three minutes, come on. Public hearing is closed; coming back to the Commission. Commissioner Carollo: Second for discussion. Chair Suarez: Second by Commissioner Carollo. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman, and thank you for your explanation, Ms. Larned. I know you sort of walked into this. This had nothing to do with you. And this is one of the issues that, you know, really upset me because there should have been the internal controls. City of Miami Page 38 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 So I think, looking forward, my question to you is what internal controls do we have so this does not occur again and prior for any funding being given to any one of these agencies -- in this case, I think it was PFM -- it actually goes through the proper channels, that is, this City Commission for approval? Ms. Larned: Let me answer the first question, ifI may, or the first comment, and that is at the present time, the services that we're rendered is being provided under a contract, a different -- it went to the contract route, if you will, was competitively bid a year ago, so we currently have a purchase order against the current contract for those services, so that piece has been corrected. The internal controls, yes, the redflag that was the indication was the direct pay request and, frankly, it is matter of where it should have been stopped in the Finance Department, but because it came from the City Manager's office, there were no questions asked. That has been corrected. Johnny Martinez (City Manager): Commissioner. Commissioner Gort: So what you're saying is that will not take place again? Any payments -- because I recall, we passed a resolution here that any payment had to go through the process. It had to be approved by us before it could be paid, unless it had been approved before. Mr. Martinez: Well, the Commission pre -approved this; we just never executed it. That's number one. Number two, she's placing internal controls to raise the redflag, but I'm also putting on notice the external vendor that they -- they're supposed to raise the flag. Look, we can't do any work for you unless we have an executed contract with the amount, so I think the burden's going to be shared both by -- internally by the department and also by the vendor. Chair Suarez: Thank you. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes, Mr. Vice Chair. Vice Chair Sarnoff. Let me just say this, first and foremost. The services that I observed by PFM were the most professional services I've seen rendered by any vendor to the City ofMiami. They made me understand this City's financial condition and how we could rectifi, it better than any person, including, all due respect, our management team here, and gave us a perspective that we would never have gained and understood based on what other county and municipalities were going through throughout the United States. Now I did serve on this Commission certainly years before PFM andl never understood our finances better and understood how to deal with them more adequately than when PFM gave us the analysis, the perspective, as well as a definitive plan that we could choose to follow or modify or go about however way we want to go there. I have not heard a word said here that these people did not, as a lawyer or accountant, bill those hours and earn those fees. And if some mistake was made, you know, then what we're doing really right now is rectifying it by saying we got those fees, we got those services. And if any Commissioner doesn't think that they were good services and they were adequate or too many fees went into it, say something now; shouldn't vote for it. But I will tell you from my perspective, I've never understood this City better than after PFM explained it to us. Chair Suarez: Thank you. Yeah, and l just want to say that -- you know what, let me Commissioner Spence -Jones: I don't -- Chair Suarez: -- first recognize -- Commissioner Spence -Jones: Yeah. I don't -- City ofMiami Page 39 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: -- Commissioner Spence -Jones -- Commissioner Spence -Jones: -- have a -- Chair Suarez: -- who hasn't spoken on this. Commissioner Spence -Jones: -- huge comment, but are they here? Ms. Larned: Yes. They are in the audience. Sergio Masvidal. Commissioner Spence -Jones: I mean, I would definitely -- I think it's important for them to -- where are they? Okay. I think it's important for him still to put something on the record. I think that's extremely important to have happen. As Marc said, you know, we definitely know the difference. We definitely feel that you guys have provided us with all the information to make the best decisions, so I don't think that's the question. I think Commissioner Carollo's point is really about making sure that we have the controls so that we don't find ourself in a financial issue or having a financial crunch around something because no one knew to make sure that this came in front of the City Commission, so I don't think it's necessarily about you. I do think you have a little responsibility in it, however, so I don't want all just -- blame it all on staff either because you also were aware that there were certain things that you needed to do or the company needed to do in order to continue to contract from one year after the other. So I think responsibility lies on both sides of the track, so we all need to acknowledge that. I think that now we have huge issues that we're dealing with now to get ready for this year, so we definitely, you know -- for me, there's no question about whether or not we should support you 'cause we -- at this point, it doesn't make sense to make transitions when we are in the middle of a million and one other things. But I do think it's important for you to at least put it on the record so at least not only -- we hear it up here, but the people in the audience know your position. Sergio Masvidal: Sure. Thank you, Commissioner. Sergio Masvidal, PFM Group, 2121 Ponce de Leon Boulevard. You're absolutely correct, we performed the work in good faith to the best of our abilities. I think it served the City well ultimately. Absolutely in hindsight, our preference internally -- and we've already had discussions internally on our own control procedures as far as having contracts executed in hand -- in our hands before beginning work. Commissioner Spence -Jones: All right. Thank you. Chair Suarez: Thank you. Yeah. My -- you know, my issue with this is not -- has nothing to do with the company itself necessarily. It's more -- andl'm going to support, you know, this because I think otherwise we'll probably get sued and they -- we did accept the services. Andl have to agree with the Vice Chair that their services were exemplary. That's not the issue from my perspective. From my perspective, the issue is -- and we've dealt with this in the CIP context. I remember Ms. Bravo, when she first came on to the Capital Improvements Department, had to clean up a lot of things that were going on there, a lot of bad practices that were happening. And at some point, I think, as a Commission, we're going to have to -- we're going to be confronted with a situation where we may want to deny the payment and let them sue us and -- because it's true what the Commissioner says, you know, people who engage in contracting with the City are generally sophisticated businessmen and they understand contracts and they understand government; otherwise, they wouldn't be doing work in government, and they know that things have to be approved, things have to be executed for them to be effective. So you know, I just want to put that on the record. I'm going to vote in favor of it, but you know, I sincerely hope this doesn't happen again. Thank you. Any further comments? Commissioner Gort. Commissioner Gort: IfI recall, we did had a resolution that if anyone -- andl'm going to vote City of Miami Page 40 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 FR.1 12-00256 Office of the City Attorney for it because I agree. I think the performance was excellent, andl think it give us a good idea what we are facing. It gave us a true story of the financial of the City, which always been kind of difficult to understand it, andl think they did a terrific job. But we made a statement and we passed a resolution that anyone that would do a performance without a contract with the City would not be paid. I believe we did. Julie O. Bru (City Attorney): We can look at that. Commissioner Gort: That's why it's got to be a four fifth vote. Ms. Bru: Well, it's a four fifth vote because you're waiving competitive bidding. Commissioner Gort: Okay. Just let people know that that -- there is a resolution on that, okay. Chair Suarez: It's been moved and seconded. Any further discussion. Hearing none, all in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Ms. Larned: Thank you, Mr. Chair. Chair Suarez: Thank you. END OF PUBLIC HEARINGS ORDINANCE - FIRST READING ORDINANCE First Reading 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 10-66, ENTITLED "ENFORCEMENT", AUTHORIZING LEVY AND COLLECTION OF SPECIAL ASSESSMENT LIENS; AND PROVIDING FOR THE ENFORCEMENT THEREOF; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00256 Memo - Office of the City Attorney SR.pdf 12-00256 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, 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. Commissioner Spence -Jones: FR.1. Chair Suarez: Madam City Attorney, you're recognized on FR.1. City of Miami Page 41 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Vice Chair Sarnoff It's your ordinance. Chair Suarez: Yeah. I can make the presentation, if you want. Julie O. Bru (City Attorney): Mr. Chair and members of the Commission, this is providing for a method whereby the City will be able to recover any costs incurred in enforcing our vacant and abandoned properties regulations so that we can enforce any costs incurred as a special assessment. Chair Suarez: Thank you. This is near and dear to my heart, as you all know, andl really appreciate the City Attorney who we tasked with coming up with a plan to collect what is an outstanding amount in the -- to the tune of multiple millions of dollars, and whatever legislative action we have to take to give ourselves the authority to do that, I'm going to support. So is there a motion on this? Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Carollo. Priscilla A. Thompson (City Clerk): It's a -- Chair Suarez: This is an ordinance? Ms. Thompson: Yes, it is, so it's a public hearing. Chair Suarez: And I'm opening up the public hearing for -- how much time do you want on this one, Mr. Cruz? Mariano Cruz: Whatever necessary. What is the -- you decide. Chair Suarez: Three minutes. How 'bout that? Mr. Cruz: You follow -- Chair Suarez: Does that sound fair? Mr. Cruz: -- parliamentary (UNINTET,TIGIBT,F). Follow Simon and Roberts and we -- to get along fine. Chair Suarez: Simon and Roberts. Mr. Cruz: You follow parliamentary procedures, we get along fine. Chair Suarez: Okay. Mr. Cruz: And we --I took your course. Chair Suarez: Well, I'll tell you this, our ordinance says two minutes. Mr. Cruz: I know. Chair Suarez: And then if -- unless waived by the Chairman so -- City of Miami Page 42 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Cruz: I am in favor of this ordinance but -- Mariano Cruz, 1227 Northwest 26th Street -- the main thing is here, put some tooth in that and enforce the liens. Don't let the liens accumulate there. You got liens running hundreds of thousands of dollars and now -- 'cause I can name you two properties there in the Allapattah. Just now they abandoned for years; 1126 Northwest 27th Street and the other one 3435 Northwest 9th Court. You go there. And, you know, I remember a property next to me, the City took over the property, they raise the building there, they clean the lot, and they put -- there's a duplex there now. So instead of vacant property, collecting liens, now you got residential property collecting taxes for the City, and that's what you got to do, enforce, enforce. Don't pass the ordinance here. Give the tools to enforce this ordinance and let the people -- if they don't pay, get the property; give it to us. Give it to ABDA (Allapattah Business Development Authority). We need all those things filled -- lots to build houses there, okay. Chair Suarez: Thank you, sir. Mr. Cruz: Okay. Give it to us. Thank you. Chair Suarez: Any other member from the public wishing to come up and speak on FR.1 ? Seeing none, hearing none, the public hearing for FR.1 is closed. Has it been moved and seconded? I think it has, right? Commissioner Carollo: Yes. Chair Suarez: Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call on first reading. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Suarez: Thank you. END OF FIRST READING ORDINANCE RESOLUTIONS RE.1 RESOLUTION 12-00223 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 10, 2012, PURSUANT TO INVITATION FOR BIDS NO. 11-12-014, FROM THOMAS MAINTENANCE SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CITY LOTS AND RIGHTS OF WAY LANDSCAPING, M-0082", FORA ONE (1) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $152,686.14; FURTHER AUTHORIZING FOUR (4) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW IN AN ANNUAL AMOUNT NOT TO EXCEED $152,686.14, SUBJECT TO CITY COMMISSION APPROVAL AND AVAILABILITY OF FUNDING; ALLOCATING SAID FUNDS, FROM ACCOUNT NO. 00001.202000.534000, FOR FISCAL YEAR 2012, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO City of Miami Page 43 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 12-00223 Summary Form.pdf 12-00223 Legislation.pdf 12-00223 Exhibit 1 SUB.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0118 Chair Suarez: RE.1. Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works director. RE.1 is a resolution to award a contract to Thomas Maintenance Services for a one-year contract period, in an amount not to exceed $152, 686.14, for the project entitled "City Lots and Rights -of -Way Landscaping; " and also further authorizing the City Manager to award four additional one -year options to renew in the same equal amounts, not to exceed $152, 686.14, for each year, subject to availability of funding and contractor's performance. Sometime in December 2011, the City advertised these contracts under a bid package number 11-12014. A total of nine prospective bidders picked up the specifications and only two returned the completed packages. Thomas Maintenance was judged the lowest bidder at $152, 686.14. This is a new contract in replacement of the existing that had expired. The previous contracts was awarded at a contract sum of $252, 000 for the same type of locations, same lot sizes and same terms. The City wishes to renew or rather re -award a new replacement contracts and there (UNINTELLIGIBLE) is savings of at least $100, 000 per year. Commissioner Gort: My understanding -- Mr. Ihekwaba: Any question? Commissioner Carollo: Thank you. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Gort: Move it. Commissioner Carollo: Motion by -- Commissioner Gort: Second. Commissioner Spence -Jones: Second. Commissioner Carollo: -- Commissioner Spence -Jones, second by Mr. Gort. Mr. Gort, you're recognized. Commissioner Gort: My understanding is you were able to reduce the value of this contract by $100,000 -- Mr. Ihekwaba: Yes. Commissioner Gort: -- by looking at it and utilize it to the best of your knowledge? City of Miami Page 44 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Ihekwaba: Yes. Commissioner Gort: Thank you. Congratulations. Mr. Ihekwaba: Thanks. Commissioner Gort: Keep up -- Commissioner Carollo: Any further discussion? Commissioner Gort: Keep reducing. Commissioner Carollo: I have a couple of things. Mr. Ihekwaba: Yeah. Commissioner Carollo: Out of 162 lots -- Mr. Ihekwaba: Yeah. Commissioner Carollo: -- that we're servicing, how many of them are in District 3? Mr. Ihekwaba: Those lots were not actually identified per districts. These are lots that were identified and recommended to Public Works by Community Development, Public Facilities. And some -- Commissioner Spence -Jones: And they are -- Mr. Ihekwaba: -- of them are public rights -of -way as well. Commissioner Spence -Jones: -- also -- right. And (UNINTELLIGIBLE) also-- aren't these also City -based lots, too? Mr. Ihekwaba: Yeah, these are City lots. Commissioner Carollo: Out of those 162, I counted one in District 3. Mr. Ihekwaba: Again, Commissioner, if you look at the supplemental conditions on page 74 of your package, it says additional locations for City lots on rights -of -way will be added or deleted to this contract as maintenance responsibilities changes. The City reserves the right to add and subtract any of the above -mentioned lots. Commissioner Carollo: No. Mr. Ihekwaba: So there is still an opportunity to make changes. Commissioner Carollo: No. I understand. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Commissioner. Commissioner Carollo: But my point with this is that of -- this is, you know, using citywide funding, correct? Mr. Ihekwaba: Yes. City of Miami Page 45 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: General fund money through your department and this is services citywide. Mr. Ihekwaba: Yes. Commissioner Carollo: Yet, out of those 162 lots, there's only one in District 3. Now -- and here's to further my point. You saw City -owned lots that I showed and you saw the deplorable conditions that they were in. Mr. Ihekwaba: Exactly. And I'm glad that you pointed that out because under supplemental conditions, those locations and additional locations could be further identified and added to the contracts. Commissioner Carollo: Okay. Ms. Bravo: And Commissioner -- Commissioner Carollo: So if we start furnishing you different lots in District 3 that obviously are not being serviced, that we could add to this contract? Mr. Ihekwaba: There is a possibility to do that, subject to not exceeding the contract amount. Commissioner Carollo: Which is 152,000? Mr. Ihekwaba: Exactly. Ms. Bravo: And Commissioner, prior to this item coming up, after you displayed the photos, we discussed that we would absolutely add those lots to this list and any other you've identified in District 3. Commissioner Carollo: Well, I'm working on something, I think, (UNINTELLIGIBLE) just starting to pick up on these lots, but at the same time, I'm trying to work to see if a third party, you know, actually improves those lots. But I'm using it as a reference point -- Mr. Ihekwaba: Yeah. Commissioner Carollo: -- you know, because this was more than one lot, so I'm using it as a reference point and part of what I've stated, you know, Commission meetings beforehand about the cleanliness of Little Havana as far as picking up. Listen, I don't want that do as I say not as I do, you know, before we write any citations. And we really need to clean our own house and make sure that our City lots are clean. And when I see, you know, items like this coming before us andl clearly see -- well, I see why District 3 for -- I don't want to say many years, but yeah, for many years it's in the state that it is and I'm trying to, little by little, revitalize that area; and this is part of the revitalization, you know, the illegal dumping, cleaning these lots, filling the excavated holes. It's all part of the revitalization. So I'm bringing it to your attention because it's a perfect opportunity to showcase something that, realistically -- andl understand the citywide and, believe me, I am always very cognizant not to have any other area of the City of Miami, you know, be hurt, for lack of better words, just because District 3's not receiving the services, so I'm very cognizant of that. But at the same time, it's time to start changing the page and make sure that, you know, this area of Little Havana that, you know, is the heart of the City ofMiami -- I mean, it's right in the center -- start receiving some of these services. Ms. Bravo: And we'll gladly review the list to make sure that we're providing the service uniformly throughout the City. City ofMiami Page 46 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: And ifI may, one more thing. With regards to the option to any -- to renewal if -- instead of the City Manager, if that can be back to the City Commission, options? You have one-year contract, with options to renew. If that could come back to the City Commission for, you know -- so -- Ms. Bravo: Okay. Commissioner Carollo: -- could that be an amendment? Would the maker and the seconder accept that amendment? Commissioner Spence -Jones: Repeat the amendment again. Commissioner Carollo: What I want -- okay, right now it's a one-year contract -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- with, I believe is -- Mr. Ihekwaba: Options. With an option. Commissioner Carollo: -- four additional years to renew. Commissioner Spence -Jones: Right. Commissioner Carollo: What I'm asking instead of it automatically be renewed by the City Manager -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- that it comes back to this Commission. Commissioner Spence -Jones: I don't have a problem with that, no. Commissioner Carollo: That it comes back to this Commission -- Commissioner Spence -Jones: Not a problem. Commissioner Carollo: -- and we approve it. Commissioner Spence -Jones: Not a problem. Chair Suarez: By the way, if we're going to do that, just so you know, we -- it needs to come back to this Commission with enough time that if this Commission says -- Mr. Ihekwaba: Exactly. Commissioner Carollo: Right. Chair Suarez: -- we want to -- we're not satisfied with the services we're receiving, we want to go to RFP (Request for Proposals) again, that we can do that. Because what happens oftentimes is we're told oh, we got to -- you know, we got extend, we got to extend 'cause we don't have the time to do the RFP. Commissioner Carollo: Yeah, andl appreciate that, Commissioner Spence -Jones and Commissioner Gort. And the reason being is because, you know, yes, I'm -- andl believe we are City of Miami Page 47 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 all working in good faith, but I want to make sure that different areas, different lots, that it should be cleaned up. You know, if they're not and so forth, that in a year from now, we can address it again. Commissioner Spence -Jones: Yeah. And l just want you to -- Commissioner Gort: Chairman. Commissioner Spence -Jones: Oh, I'm sorry. Chair Suarez: Yes. Commissioner Gort, please, first. Thank you. Commissioner Gort: Let me ask a question. And go ahead, I'll yield to you to finish and then I'll go. Commissioner Spence -Jones: No problem. I just want to make sure that it's clear and that you kind of at least understand the background as to why Community Development -- some of these lots, which are D5 (District 5) lots, were chosen. Most of those lots were lots that the City actually owned the buildings, their own properties in those areas, and they knock these buildings down for whatever reason, hopefully for new development that hasn't happened in ten years, so you're talking about parcels of land throughout my whole entire district that really, you know, have affected -- you know, just have affected the district from growing. So I'm saying that to say the reason why you have so many vacant lots in -- and I'm assuming this is Liberty City that we're talking about. Mr.Ihekwaba: Yes. Commissioner Spence -Jones: -- is because of the CD (Community Development) -- because of CD themselves going in and getting those lots, you understand, taking buildings, knocking them down, and we're talking about, in some instances, acres of land that have not been up kept [sic]. So I'm not really sure how big your lots are. I would just want to make sure that we make sure we put a great maintenance system in place so that at least we 're able to address, you know, all the additional lots that we're looking at adding because that is going to become a challenge and I know -- and what I don't want to have happen is the vendor to be set up in any way 'cause now he's taking on -- or she's taking on more responsibilities, so I don't want it to be a year from now and then all of a sudden, because they're not able to -- they haven't hit a lot in District 3 or District 2 or whatever district, it clearly is because they have a greater workload. Do you understand? Mr.Ihekwaba: Yes. Commissioner Spence -Jones: So I just think that this process needs to be fair, you know, and not have a situation where we're setting up someone to fail. Mr. Ihekwaba: Okay. Commissioner Gort: Mr. Chairman. Commissioner Spence -Jones: That's all. Chair Suarez: Commissioner Gort. Commissioner Gort: My question is this request of service and maintenance, what kind of services can be provided? City of Miami Page 48 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Ihekwaba: The package has the bid tabulations that says the maintenance scope of work includes mowing of grass, weed eating, trimming, application of herbicides, insect spraying, litter pick-up and debris removal. Commissioner Gort: Litter pick-up. Mr. Ihekwaba: Yes. Commissioner Gort: In other words -- because a lot of times one of the things that happens here, you gave a contract and all of a sudden, the guy looks at it, (UNINTELLIGIBLE) goes to a lot with -- we saw the pictures a little while ago. They say, wait a minute; this is not part of my contract so I'm just going to pick out some of the weeds and the rest, I'm not going to touch. This is where we've got to bring everything together. If they're contract does not allow them to pick up the trash, then we got to make sure we coordinate it with someone that's going to pick up the trash 'cause this is -- Mr. Ihekwaba: Actually, they are responsible -- Commissioner Gort: They're responsible for that also. Mr. Ihekwaba: -- for pick-up and disposal. Commissioner Gort: Okay. But it's very important that you let them know that they're supposed to do all of that. Mr. Ihekwaba: Yes. Commissioner Gort: And the other thing is, I asked for a list of the lots that are owned by the City. There's quite a few of them that maybe Public Works is not aware of all the lots that we own so they know where they exist. I think it's very important they get a copy of that list. Mr. Ihekwaba: Okay. Ms. Bravo: Right. Chair Suarez: Thank you. Yes, Commissioner. That's it? We're good? Ms. Bravo: Chairman? Chair Suarez: Has it been moved and seconded? Commissioner Carollo: Yes. Chair Suarez: It's been moved and seconded. Mr. Ihekwaba: Mr. Chairman. Ms. Bravo: Chairman. Chair Suarez: Yes. Ms. Bravo: IfI may. (UNINTET,TIGIBT,F) quickly consulted with the procurement director. I think we're going to -- I'm going to ask the Public Works director to produce a monthly report of the product produced by the firm. We'd have to come back in seven to eight months for the approval for renewals in case it's not granted so that we would have time to reprocure [sic] City of Miami Page 49 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 before the contract expires. Commissioner Carollo: Okay. Priscilla A. Thompson (City Clerk): And -- Mr. Ihekwaba: I just want to place on the record that the maintenance schedule is once a month. Chair Suarez: Okay. Mr. Ihekwaba: And Chairman Suarez is very much aware, who've been to several places. Chair Suarez: Yep. Mr. Ihekwaba: We have cleaned up places and within 48 hours -- Chair Suarez: Yep. Mr. Ihekwaba: -- they look like nobody has been there in 30 years. Chair Suarez: Yeah. It's amazing. Mr. Ihekwaba: So -- Chair Suarez: And so I -- the need to do this is there. There's no -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- doubt about it in my mind. Commissioner Gort: It's a major problem we have throughout the whole City. Mr. Ihekwaba: Yeah. Commissioner Spence -Jones: And l just think it is important to put it on the record because -- Mr. Ihekwaba: Yeah. Commissioner Spence -Jones: -- it's okay to put, you know -- Chair Suarez: Here -- Commissioner Spence -Jones: -- it's just important because -- Mr. Ihekwaba: Yeah. Commissioner Spence -Jones: -- I already know what's -- you know, I don't want us to be in a situation where we're setting up -- Mr. Ihekwaba: Yeah. Commissioner Spence -Jones: -- you know, a good business that clearly is, you know, just trying to do their job, and like you said, 30 days later it looks a mess and then it appears like they didn't do the work. City of Miami Page 50 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Ihekwaba: Yeah, exactly. Commissioner Spence -Jones: So -- and l just got clarity from the CD director 'cause I wanted to be clear, especially in the Liberty City area. These were buildings that were a part of a revitalization effort back in 2003 when we bought all this land up from people in the heart of Liberty City, knocked down all those buildings, and it became our responsibility to make sure we maintain them after we had several people being moved out of their neighborhoods because of us knocking their buildings down. So part of this was to make sure if we had to relocate all these people, is to make sure at least in those -- in that particular neighborhood, they at least stayed clean. Mr. Ihekwaba: Okay. Commissioner Spence -Jones: So I just want to make sure you -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- understood why it got that way. Chair Suarez: The only thing that I'd like to say on this issue, and it's something that you and I talked about -- Mr. Ihekwaba: Yeah. Chair Suarez: -- you know, in our briefing, is that, you know -- I agree with this. I'm going to support this. This is obviously something that's critical and needed in the City ofMiami. The concern that I had was that when I first got elected, there was a maintenance contract for Coral Way -- Mr. Ihekwaba: Yes. Chair Suarez: -- and it was about $150, 000, very, very similar in amount to this. And we were told at the time, Commissioner, don't worry about it; we can do it in-house. We'll do it in-house; don't worry about it. I said okay, you know, you are the professionals. I'm going to take your word for it. We will not give a contract which essentially deprived my district of $150, 000 worth of contractual services, which would have up kept [sic] the Coral Way corridor looking like it should. And honestly, it was very disappointing, and you andl had many conversations about it before -- right as you came on. Mr. Ihekwaba: Yeah. Chair Suarez: All the challenges that we had trying to get, you know -- with the leaves, with, you know, the shrubs, with the lights. Mr. Ihekwaba: Yeah. Chair Suarez: So you've assured me that you're going to be coming back to this Commission -- Mr. Ihekwaba: Exactly. Chair Suarez: -- with -- you want to say what you told me on the record. Mr. Ihekwaba: Public works is currently working on appropriate remedial action for Coral Way corridor. It's a collaboration effort between CIP (Capital Improvement Programs), Public Works and GSA (General Services Administration), as well as the Office of Sustainability Initiatives, to City ofMiami Page 51 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 RE.2 12-00207 Office of Grants Administration identifi, appropriate funding, rehabilitate and upgrade the up lighting on Coral Way, as well as upgrade the median landscaping there. Andl had spoken to you, Chairman Suarez, that we will look into putting out a contract for this maintenance. Chair Suarez: Thank you, sir. Mr. Ihekwaba: The beauty of it is that this is one of the only maintenance agreements the City had ever signed with the state that gives the City some part of funding support. Chair Suarez: Right. Mr. Ihekwaba: So the City receives some additional funding support from the state. Chair Suarez: Thank you. It's been moved and seconded. Yes, Madam Clerk. Ms. Thompson: Just want to make sure, Chair, that you're aware of the fact that it was also modified. Chair Suarez: As modified. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: RE.1 passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $183,750 FOR THE LITTLE RIVER WATERFRONT PARK ACQUISITION PHASE II PROJECT; AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR SEVENTY-FIVE PERCENT (75%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $551,250, AVAILABLE UNDER THE BAYFRONT-RIVERFRONT LAND ACQUISITION TRUST; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2012-2013. 12-00207 Summary Form.pdf 12-00207 Legislation.pdf 12-00207 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0119 City of Miami Page 52 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: RE.2. Commissioner Spence -Jones: Manatee parks [sic]. Lillian Blondet (Interim Director): Yes. Lillian Blondet, Office of Grants Administration. This year we have seven applications for the Florida Inland Navigation District grant projects. We came to Commission and have six of those approved already. This is the seventh application. It's to purchase the property located just north of 79th Street, on the west side of the river, and it encompasses three properties to continue developing a park in that area. This will have no effect on the general fund. With that, I'll read the resolution, RE. 2. It's a resolution of the Miami City Commission, with attachments, authorizing the City Manager -- Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second for discussion. Chair Suarez: Second by Commissioner Gort. For discussion, Commissioner Gort. Commissioner Gort: My understanding, there's no matching fund for this one? Ms. Blondet: Pardon me? Commissioner Gort: We don't have to have matching fund for this one. Ms. Blondet: We have to have matching funds, but they come from a trust and it is the -- Commissioner Gort: Bayfront Park Trust. Ms. Blondet: Yes. Commissioner Gort: Okay. Chair Suarez: You're good. Commissioner, yes. Commissioner Spence -Jones: Yes. First, I want to commend Lillian. Where's Robert again. Robert. All right, I want to commend him as well for working very hard to -- for the support of our waterfronts. Andl think it's important for you to at least put on the record, you know, what the overall goal is of the manatee park and what we're trying to create there, and think it's important for at least the public to understand. Andl want to commend you for pushing and making sure that this does not fall away side. Robert Weinreb (Project Manager/City Manager's Office): Thank you, Commissioner. Commissioner Spence -Jones: And it's in my district. Mr. Weinreb: Bob Weinreb, City Manager's office. Late last year we were fortunate enough to purchase the Manatee Bend Park nearby. It's a little over an acre and we were able to add that to the City park list. And right nearby, about 800 feet away I guess, are these three parcels right on the Little River that are undeveloped, that we're able to use these state trust fund through the Bayside Marketplace and the Florida Inland Navigation District to, at no cost to the City general fund, possibly purchase these three parcels of land which are over four acres. And that's what the project is and we're looking forward to getting the state cabinet to approve the use of the funds from the trust fund and the Inland Navigation District to approve the project. City of Miami Page 53 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 RE.3 12-00139 Commissioner Spence -Jones: And just quickly, I know that we have a difference of $228, 000 that's left 'cause this grant only covers a certain portion of it. Ms. Blondet: The grant covers 25 percent and then the Trust will have to cover the 75 percent of the cost. Mr. Weinreb: I think what the Commissioner's bringing up is the assessed value of the property Ms. Blondet: Oh, okay. Commissioner Spence -Jones: Yes. Mr. Weinreb: -- having a different number than the possible purchase price. This is just a starting point -- Commissioner Spence -Jones: Okay. Mr. Weinreb: -- for negotiations. We felt that most of the property, and it's over four acres, really is not developable property and that it might have been over valued in these tax rolls and didn't want to be paying or starting at a point that seemed over and above a reasonable price. Commissioner Spence -Jones: Okay. So that's something that you're definitely working on. Ms. Blondet: Yes. Mr. Weinreb: We are working on that. And again, our Department of Facilities director is aware of this and will be doing the negotiation for the City. Commissioner Spence -Jones: Okay. And then last but not least, we know that once we purchase the land by way of the grant, what are our options to -- what are we doing to actually be able to build the park, 'cause that's the even bigger question? Mr. Weinreb: We have met several times with the Trust for Public Land. They're interested in helping the City. We also are able to get another grant from the Florida Inland Navigation District to improve the waterfront aspects of the park. They're willing to fund 50 percent. The trust fund can be used as the match for that, so the following year after we purchase, we can go back to start improving the park with the Florida Inland Navigation District and, hopefully, the rest of the park can be approved with the Trust for Public Land. Commissioner Spence -Jones: Okay. Thank you. Chair Suarez: Thank you. Thank you. It's been moved and seconded. And I -- you know, I just want to commend the Administration, you know, in an urban city like ours, it's always very, very difficult to find parklands and particularly given our economic condition, so you know, I think we have to be creative, we have think outside of the box, andl commend you for doing that, for taking up that challenge, very, very difficult challenge. It's been moved and seconded. All in favor, signift, by saying iiye. " The Commission (Collectively): Aye. RESOLUTION City of Miami Page 54 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Planning RECEIVED JANUARY 27, 2012, PURSUANT TO INVITATION FOR BID NO. 291252, FROM KRESSE & ASSOCIATES, LLC (PRIMARY) AND DOWNTOWN REPORTING, LLC (SECONDARY), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR COURT REPORTING SERVICES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00139 Summary Form.pdf 12-00139Award Recommendation Form.pdf 12-00139 Tabulation of Bids.pdf 12-00139 Detail by Entity Names.pdf 12-00139 Addendums No. #1 - #5.pdf 12-00139 Invitation for Bid.pdf 12-00139 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0120 Direction by Commissioner Gort to the City Attorney to bring back the appropriate code amendments for the purpose of removing the requirement of court reporting services for City Boards. Chair Suarez: RE.3. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. RE.3 is a resolution accepting the bids received January 27, 2012, pursuant to invitation for bid 291252, from Kresse & Associates and Downtown Reporting, the lowest responsive and responsible bidders, for court reporting services on an as -needed basis. Chair Suarez: Is there a motion? Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: I'll second for discussion. Chair Suarez: Second for discussion. Commissioner Gort, you're recognized. Commissioner Gort: My understanding, all our meetings are taped. Francisco Garcia: Francisco Garcia, Planning & Zoning director. The answer to that is yes, sir. Commissioner Gort: So if all our meetings are taped, why do we have to hire someone else from -- 2 City of Miami Page 55 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Robertson: Presently our need for court reporters, in particular for the Code Enforcement Board, is actually a self-imposed mandate. Our City code requires that we do so. However, we would not be averse to changing the code to do away with that requirement. You are correct, Commissioner, they are being taped. That preserves the record efficiently. It is basically almost redundant. Chair Suarez: Well, why don't we defer that? Commissioner Gort: We have an excellent Clerk's office that always doing a great job. Chair Suarez: Go ahead, Madam Clerk. Priscilla A. Thompson (City Clerk): IfI might, just to give -- shed a little bit of light. Commissioner Gort, you're correct, we do have an individual, our transcriber. We have one who is a certified court reporter. That individual serves as the court reporter for all of your executive sessions. If she is not available, if she's sick for -- an executive session is called and she can't attend, then the City Attorney has to go out and provide her own court reporter services. So we use that as well to re -- if our court reporter cannot serve for the executive sessions. That's all we do, only for executive sessions. We do not cover any other meetings for any other bodies with court reporter services. Commissioner Gort: Gotcha. Do we have to record it by court recording [sic] or can we record ourself? Julie O. Bru (City Attorney): This contract -- and your Purchasing director can address it. This is just to retain a firm that we will use on an as -need basis so I recommend that you authorize us -- because we do need court reporters on an as -need basis for different purposes. Your office brought to my attention that we could save some money if we didn't use a court reporter, for example, during the Code Enforcement proceedings, and we have looked into the issue to see whether that was mandated by state law or whether it's just a code provision, and apparently, it's just in our code we specify that we will have a court reporter present. If we wanted to change that policy, we bring back a code amendment, change the policy, and we could realize some savings there, and we can also -- Chair Suarez: Okay. Ms. Bru: -- look at other proceedings wherein we provide a court reporter that we don't have to and we can bring those code amendments to you. But I recommend that you go ahead and approve this -- Commissioner Gort: No, no. Ms. Bru: -- because this is just to have it available. Commissioner Gort: I understand we have to approve this one -- Ms. Bru: Right. Commissioner Gort: -- but I was looking into the future also -- Ms. Bru: Right. Commissioner Gort: -- 'cause I -- we're looking at -- we're all looking at the finance of the City and we want to make sure we can improve it. City of Miami Page 56 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 RE.4 12-00254 Community Redevelopment Agency (CRA) Ms. Bru: Well -- and so I take that as a policy directive to bring back the appropriate code amendments so we can realize that savings? Commissioner Gort: Yes, ma'am. Ms. Bru: Thank you. Commissioner Gort: Thank you. 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), ACCEPTING THE AMENDED BUDGETS OF THE SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AS APPROVED BY THE COMMUNITY REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS. 12-00254 Summary Form.pdf 12-00254 Memo -Amended Budgets - FY' 12.pdf 12-00254 Legislation.pdf 12-00254 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0121 Chair Suarez: RE.4. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: I'll second. Chair Suarez: Second by Commissioner Gort. Any discussion? We're just accepting the budget that we've already approved at the CRA (Community Redevelopment Agency), correct? Pieter Bockweg: Correct. Pieter Bockweg, executive director of the CRA. You're -- the City Commission is accepting the budget that was approved last month for the operating and general revenue. Chair Suarez: Thank you. Commissioner Gort: All in favor -- City of Miami Page 57 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Spence -Jones: Second. Chair Suarez: All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Mr. Bockweg: Thank you. Chair Suarez: Passes unanimously. RE.5 RESOLUTION 12-00264 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING Commissioner Marc MIAMI-DADE COUNTY TO ADD A LIMITED -STOP EXPRESS BUS FROM THE David Sarnoff CITY OF MIAMI TO MIAMI BEACH (SOUTH BEACH) TO ITS TRANSIT SERVICES; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. 12-00264 Legislation.pdf Motion by Commissioner Spence -Jones, 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-12-0122 Chair Suarez: RE.5. Let's go, we're making some good progress here. Commissioner Spence -Jones: RE.5 is Commissioner Sarnoffs item. I don't know if he wants to be out here. Chair Suarez: Okay, we'll keep going then. Later... Chair Suarez: RE.5. Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved and seconded. All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Commissioner Spence -Jones: But would you like to put something on the record, Commissioner Sarnoff Chair Suarez: Mr. Vice Chair, would you like to say something on this item? Vice Chair Sarnoff. No. I think (UNINTET,TIGIBT,F). No, I'm not going to belabor this. Be great to have a direct express bus from, I think, the most core packed part of the City ofMiami, which would be Brickell, all the way down to South Beach. I urged the County to take a look at City ofMiami Page 58 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 it. I think you would -- it would pay back in dollars. It'd be a very wise move. Commissioner Spence -Jones: Are we getting positive feedback on them doing that? Vice Chair Sarnoff I've been asked to do this by the Brickell Homeowners Association -- Commissioner Spence -Jones: Okay. Vice Chair Sarnoff -- and the Brickell Area Association so I think they know what they're talking about. I think it's something worth looking into. If the Manager and the Clerk would send this to the County Commission, I think that'd be a great thing. Chair Suarez: Thank you. Vice Chair Sarnoff Thank you, Mr. Chair. Chair Suarez: Thank you -- you're welcome. RE.6 RESOLUTION 12-00266 District 2- Commissioner Marc David Sarnoff A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS AT LAW OR IN EQUITY TO PREVENT THE STATE OF FLORIDA DEPARTMENT OF CORRECTIONS FROM RELOCATING SEXUAL PREDATORS AND OFFENDERS TO LIVE ON THE PUBLIC RIGHT OF WAY IN THE CITY INCLUDING, BUT NOT LIMITED TO, THE UPPER EASTSIDE REGION OF THE CITY, IN AN EFFORT TO PRESERVE AND PROTECT THE PUBLIC'S HEALTH, SAFETY AND WELFARE. 12-00266 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0123 Direction by Chair Suarez and Vice Chair Sarnoff to the Administration for the Police Chief to develop draft legislation within 60 days, in collaboration with Ronald L. Book, Esq., Chair of the Miami -Dade Homeless Trust Board, that will address housing issues related to sexual predators in the City ofMiami. Chair Suarez: RE.6. Commissioner Carollo: 6? Chair Suarez: Yeah. Vice Chair Sarnoff Yeah. City ofMiami Page 59 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: We're going out of turn. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yeah. Vice Chair Sarnoff. Can be recognized? Chair Suarez: Yes. Mr. Vice Chair, you're recognized on RE. 6. Vice Chair Sarnoff. Mr. Chair, fellow Commissioners, this is a resolution of the City ofMiami Commission, authorizing the City Attorney to seek injunctive relieffor any other actions at law or in equity to prevent the State of Florida Department of Corrections from relocating sexual predators and offenders to live on the public right-of-way in the City, including but not limited to the upper east side region of the City ofMiami, more specifically on IOth Avenue and 79th Street, in an effort to preserve and protect the public's health, safety and welfare. As most of you know -- I don't think this predates any of you, but this started out years ago as the Julia Tuttle Causeway situation, and the State ofFlorida actually had as part of their de facto policy, andl would argue to you their de jure policy, where they would actually place registered sex offenders under the bridge ofPulia Tuttle Causeway. The City Attorney, at my behest and by this Commission vote, by resolution, sued the State to enjoin them from doing that. The State inevitably did cease and desist from doing that without the litigation having to be completed and go forward, though it go to the ThirdDCA (District Court of Appeals), andl believe the Third DCA's ruling was that the proper venue for this would be in Tallahassee. I believe that that lawsuit has not been dismissed and is still ongoing. I think the City Attorney would look into and may only have to amend that 'cause we did sue the Department of Corrections in the past. I don't think any Commissioner up here would argue it is not an appropriate thing for any department of the State of Florida, including, and most specifically, the Department of Corrections, from placing registered sex offenders in the City ofMiami on a public right-of-way. Now bear in mind, unlike any other city in the United States -- Los Angeles, Houston, Orlando, Tampa, Hialeah -- we have something nobody else has: We have Pottinger, and because we have Pottinger, we can't move our registered sex offenders because the little that we need to know about Pottinger very simply is they are entitled to the protections of Pottinger. So bear this in mind, if the State ofFlorida had a policy of placing registered sex offenders -- this is an "if," folks. I'm not saying it's happening. But if they were to put sex offenders in Hialeah on their public right-of-ways [sic], all Hialeah would have to do is put them in Miami. And guess what? Under Pottinger we couldn't do anything about it. So what I'm suggesting to you today is allow the City Attorney to use all her due diligence and all her legal reasoning, whether it's filing a new lawsuit or whether it is, in fact, simply amending the lawsuit that we previously had to file to prevent registered sex offenders from being placed under the Julia Tuttle, to send a message to the State of Florida that it simply is not an appropriate act on behalf of any of them, whether it is a de jure policy or a de facto policy, and that simply means a bunch of corrections officer handing out a slip of paper and saying to their registered sex offenders you could live here. Because either one, whether they actually have a little form you fill out that says under the bridge Julia Tuttle or whether it says 79th Street and IOth Avenue, it is an inappropriate use of that function of government to place registered sex offenders in the City ofMiami. And under the unusual circumstance that we find ourselves in Pottinger, we are hamstring and reasonably helpless to do anything to move these sex offenders. So I'd ask each and every one of my Commissioners to join me in this, advocate on its behalf and do whatever they can do in terms of lobbying efforts, based on the people they know in Tallahassee, to prevent any person, including an administrative personnel, from thinking that Miami is the dumping ground for the State of Florida for registered sex offenders. Commissioner Spence -Jones: Mr. Chairman. City ofMiami Page 60 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: So I'm assuming that that's -- Commissioner Carollo: Move it. Chair Suarez: I was going to say -- Commissioner Spence -Jones: Second. Discussion. Chair Suarez: -- I was assuming that's a motion, butt guess -- Vice Chair Sarnoff That is a motion. Chair Suarez: For sure. Moved by Commissioner Sarnoff, second by Commissioner Carollo. Commissioner Spence -Jones, you're recognized on this. Commissioner Spence -Jones: I just want to commend Commissioner Sarnoff for once again, you know, pushing on this effort. This is something) know that he started and actually got a little fraction on it the first time and brought a lot of great attention to issue 'cause, quite frankly, no one really knew it was happening until you brought it out and now it's happening all over again. The one thing that I do want to have Julie kind of put on the record, if there were any updates from the last lawsuit as well, like from what came out of the last issue. Andl know this is a huge, big question, at least in my briefings, and then I believe my chief of staff was able to explain to me why the corrections department would give them these slips, which I did not understand before. And apparently, it was communicated the reason why they've been given these slips to kind of tell them to go there, it makes corrections departments jobs easier because now they know from a probation standpoint where to find them. So that's the reason why it's become, to my understanding, right, Julie -- so I don't -- and) don't know if it's an open policy. I don't know in the midst of the lawsuit, you find out if it was an open, you know, thing that they were doing in that department. Julie O. Bru (City Attorney): IfI may, Commissioner -- Commissioner Spence -Jones: Sure. Ms. Bru: -- I would like to ask Assistant City Attorney George Wysong to come up. He's been working along with the police department on this issue -- Commissioner Spence -Jones: Okay. Ms. Bru: -- and with the litigators from my office. Commissioner Spence -Jones: Okay. George Wysong (Legal Advisor): Good afternoon. George Wysong, assistant City Attorney. How was the Julia Tuttle situation solved? Basically, we put pressure. We sued them. As Commissioner Sarnoff said, they removed it to Tallahassee, but in the meantime, they amended the Florida Statutes to make it illegal to camp under causeways and roadways so they solved their problem for themselves. Commissioner Spence -Jones: Wow. Mr. Wysong: And then -- and a whole bunch of other stuff occurred where housing was found for the people on the Tuttle. They were dispersed in the community and now we find ourself back at this situation. And it's interesting that it dovetails on a recent legal opinion the Commissioner requested, which was the creation of parks. I wish I had access to show you, but Miami -Dade City of Miami Page 61 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 County has a computerized program where you can show where predators and offenders live. It allows you to place in an address and do either a thousand foot circle or a twenty-five hundred foot circle. When you look at Northeast 10 and 79th Street, where these folks are presently located, there's no parks or schools or any places there that would prevent them from locating there. And so the Department of Corrections claims that these folks are talking among themselves in determining where they want to live, but I tend to agree with the Commissioner that there may be some de facto policy where it's easier to just locate the people and place them there, so we're striving to revolve that issue but it's a huge issue because when you look at a map -- you'd be shocked if you looked at a map of Miami -Dade County right now with all the dots representing sexual offenders and predators and, unfortunately, a person was placed there I think March 13. A new person, March 13, a couple weeks ago, was just placed right there so -- Commissioner Spence -Jones: Yeah. Mr. Wysong: -- it's an ongoing issue. Vice Chair Sarnofff. Bear something in mind, that the moment that they're placed there, they have an angle bracelet which requires them to be therefrom the hours of 10 o'clock at night to 6 or 5 in the morning. Mr. Wysong: Six. Vice Chair Sarnofff. So assume they don't get told to be there, then why is the State of Florida programming them to be there? Commissioner Spence -Jones: Yeah. No, no. Clearly, they know it. Vice Chair Sarnofff. Right. Commissioner Spence -Jones: And think that that -- you know, hopefully part of your mission is to continue to expose that because I think that that is a issue. I'm also just wanting to -- I'm assuming we're doing all of this legal work on -- in-house so there's no cost associated Mr. Wysong: Correct. Commissioner Spence -Jones: -- with us continuing the lawsuit. The only last question I had is -- you know, the reality is I would like to understand what the solutions are to it because, you know, we can keep moving them from one place to the next, but do we have -- I know Ron Book at one time was working on some solutions to address where do they -- you know, where do they go, you know. Do we have any updates on it? Is there housing? Is there something out there already? Mr. Wysong: Well, I can only speak to the law. And the issue back in the Tuttle situation was that the City and other cities throughout Miami -Dade County had these 2500-foot radiuses from parks, day care centers, bus benches, et cetera. The County repealed our ordinance and all the other ordinances by their ordinance. So now the only County restriction that is in effect is 2,500 feet from schools for a sexual predator or offender, except if you're a recent person under court supervision, you have a thousand foot window that you can't be placed near schools, parks, day care centers. As more and more people are placed -- and if you look at the map of the County, there's going to be an issue because as I always tell the chief it's like a balloon. You squeeze the balloon here; we get rid of the folks at Northeast 10 and 79th Street. That doesn't mean we've gotten rid of them. They go somewhere else, and now the next neighborhood will be saying what do we do with these folks. And so there needs to be a collaborative effort to determine what we can do with these folks and we'll be working on that to sort of figure out what that is. Commissioner Spence -Jones: Address the long-term issue. City of Miami Page 62 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Wysong: Yes. Commissioner Spence -Jones: Okay, thank you. Chair Suarez: Thank you. Mr. Gort. Commissioner Gort. Commissioner Gort: Doesn't our ordinance have something to do (UNINTELLIGIBLE) they can be located in those places or live in those places or --? Mr. Wysong: Well, our ordinance was repealed by action of County. The County repealed all the local restrictions. Commissioner Gort: No, no. My understanding is you cannot have residents in an open place where there's no housing. Mr. Wysong: Well, technically, I mean, what they're doing is -- if you've seen Northeast 10 and 79th Street, it's a sidewalk. That's it. It's a sidewalk. People are -- they're claiming residence as a sidewalk, which, as the Commissioner said under -- technically, they would be considered trespassing. You can't -- Chair Suarez: That's true. Commissioner Gort: Right. Mr. Wysong: -- sleep on the sidewalk, and so that's -- so we do have ordinances, but then Pottinger can sometimes complicate that. Commissioner Gort: My understanding is there's certain thing with Pottinger that we need to look at because some of those, you can -- if they're breaking the law, you can implement it. Mr. Wysong: The issue is -- and Pottinger should not be an impediment to enforcing the law. If there's an available shelter space, the officer simply has to offer the homeless individual the option of either going to the shelter space or going to jail. However, if there is no shelter space available, then the officer cannot confront the person. And the -- in speaking with some of the police officials, there are times when there is no available shelter space, and that's when it gets difficult and that's the pressure we need this body to put on the Homeless Assistance Trust to make more shelter spaces available. Chair Suarez: Thank you. Yeah. I mean, the Homeless Trust has been, I think -- led by Ron Book, has been on the forefront of helping the City deal with this issue. Ironically, Mr. Book's daughter was a victim of sexual abuse and, yet, he has championed a -- kind of a sober look at what our state law is 'cause our state law really makes it very difficult for anyone to live anywhere. It almost excludes them from living in the County. I mean, there's really, really very few places. Andl think his rational, when I last spoke to him about it, made a lot of sense, which is, look, it's not so much where they live; it's what they do and where they are. And so I think, you know, maybe we can discuss with the Homeless Trust, you know, a resolution on legislation that they can take to the State Legislature which would change the focus from the 2500 foot residency requirement to not within 300 feet of a school or a park or anything like that because I think someone being close to that is more dangerous than someone living necessarily -- they can live somewhere else, but they can do whatever they want. They can hang out at a school all day long. So, you know, I think we should have some discussions with the Homeless Trust and probably make it part of our legislative priorities if we -- sofeel. Thank you. Chief ManuelOrosa: Commissioner, Chief Manny Orosa, Chief of Police, Miami. There is -- City of Miami Page 63 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 there's a couple of issues. One that was brought up by Commissioner Gort that -- are the -- if these people are homeless, basically get them assistance and get them the bed that George was talking about. The problem with all that is that, A, the Homeless Assistance will not provide any type -- Vice Chair Sarnoff. Right. Chief Orosa: -- of services to these individuals because -- Vice Chair Sarnoff. Catch 22. Chief Orosa: -- they are sexual predators and they can't have them housed with, you know, children and families. That's one issue. The other issue is that just by the location of the services, the homeless services, they are within the boundaries where there should not be. The second issue is that when the County repealed all of our ordinances, they basically made it a residence. Well, guess what? They're there at night. At night everything else is shut down. The schools are shut down. The day cares are shut down. It doesn't prohibit them during the daytime to be near a school or near a day care. It's just residence. So, basically, we have been given a false sense of security -- Commissioner Gort: Right. Chief Orosa: -- because if you re -- if you're a sexual predator and you reside in a car, all you have to do is be away from a school and be away from a day care at night, not during the day. Vice Chair Sarnoff. Chief would you be willing to write legislation with Mr. Wysong that you think would fit the City of Miami? Chief Orosa: I'll do anything that helps, Commissioner. Vice Chair Sarnoff. 'Cause -- Chief Orosa: Sure. Vice Chair Sarnoff. -- maybe that legislation becomes County legislation and maybe it becomes state legislation. Chief Orosa: Correct. Chair Suarez: Yeah. Vice Chair Sarnoff. But I could tell you that -- you know, Commissioner Spence -Jones said it, well, how do other places deal with this? In Nassau County, New York -- you know that NIMBY, not in my back yard -- you know what they do? They put them on a railcar and they spend one month in every -- in a city somewhere else because nobody wants them so, literally, everybody gets to share them. And there's an Iowa study that will blow your socks off andl can send it to you if you'd like. But every city, state in the United States struggles with this issue, how to deal with it. There's no good solution. Chief Orosa: And to answer Commissioner Jones's question about do we have first-hand knowledge of the state doing this, the state may not, like George put it eloquently, be having a policy in the books basically saying you tell people they got to live here, but somebody's telling them because as Commander Morales has spoken to many of these offenders, they're saying, hey, we're being released and given a piece of paper or being told you got to go here because that's the only place you can be. City of Miami Page 64 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: And if the law were changed to be a distance of separation requirement rather than a residency requirement, it would be enforced like a restraining order basically. If someone is violating that distance, then they can be arrested because -- Chief Orosa: Arrested. Chair Suarez: -- they're in violation of the law. Chief Orosa: Right. And -- Chair Suarez: It's more effective. Chief Orosa: -- the other -- the side issue of all this is that since we only have one disposition of prisoners, whatever the prisoners may be, and it's in our city, we collect everybody else's problem and the problem get's released in our back door and it becomes our problem. And it's -- basically, it's an unfairness issue to the City residents that we have to carry the burden and the money and the funding for all these individuals that come from elsewhere and get dumped here, so that's another issue that eventually, hopefully, we can get resolved. Chair Suarez: Thank you. Vice Chair Sarnoff. So Chief within 60 days, you and Mr. Wysong would get legislation that we could look at that you think best fits best practices? Chair Suarez: Andl would recommend that you reach out to Mr. Book, who happens to be, you know very, very effective lobbyist in the state, to -- Chief Orosa: Sixty days is -- Chair Suarez: -- work with you. Chief Orosa: -- fair. State legislation? Chair Suarez: Yes. Vice Chair Sarnoff. Whatever legis -- wherever you think it should be passed, you can give us what you think should be passed to that state, what we would -- Commissioner Gort: County. Vice Chair Sarnoff. -- resolve to ask the County to do, whatever it is. Chief Orosa: Yeah. Commissioner Spence -Jones: And if we can also add, I think it's also important to still go ahead and do the outreach with the Department of Corrections here locally, whoever the person that's just running the department or responsible for probation or whatever the case may be. I think that outreach needs to happen. Maybe it's just even a discussion with them, you know, because if they're telling them to go there, somebody needs to tell them now to stop. Chief Orosa: Their official position is basically we're not telling them where to go, but apparently some underlings are telling them where to go. Commissioner Spence -Jones: Okay. But then they still -- this is where they -- what do they do City of Miami Page 65 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 when -- what happens though -- 'cause to my understanding, there's a reporting part of this, which means when the probation officer needs to find them after a certain time, they know to go there. Chief Orosa: Well, they can be found at any time because they -- most of them are carrying a ankle bracelet -- Commissioner Spence -Jones: Yeah. Right. Chief Orosa: -- so they can be located. Commissioner Spence -Jones: But to my understanding, they still have to go -- the probation officer still has to go to that location -- Chief Orosa: Correct. Commissioner Spence -Jones: -- to confirm that they're there. Chief Orosa: Correct. Commissioner Spence -Jones: So the probation officers definitely know where they are. Chief Orosa: Exactly. Commissioner Spence -Jones: So my question becomes or just statement, just adding on to that, if there's any way some outreach can be made to Department of Corrections head person to say your probation officers -- when you're doing your follow -- Chief Orosa: Commander Morales is a hands-on individual that's been up there and he's been in contact with the state and he can shed some light. Commissioner Spence -Jones: We miss you, Commander Morales. Commander Manny Morales: Good afternoon. Commander Manny Morales, Upper Eastside NET (Neighborhood Enhancement Team) commander. Commissioner, I've had the opportunity to meet with the regional administrator which handles all the probation and paroles in Dade County, and their position, as the Chief stated, is we're not telling them where to go. They know they're there. What they're saying, we're not in the business of finding residency or any type of living facilities for the individuals that are getting released from prison; we just monitor them. So in the case of sex offenders, what they're telling them is where they cannot go. So as they're finding in, they know that they're there. They know that they're monitored. They know they have a radius. They have a curfew. They have to check up on them. But as I've talked to many of them, they all tell us when they get out ofjail, they contact their probation officer and they're being directed here. And their position will always be officially, we don't tell them where to go. It must be a rogue probation officer that's doing this and is directing them there. But when you look at the whole situation between the residency restrictions and the requirements and their homeless status, the Pottinger gives them that protection. So that's where we're at. And to kind of touch on what Commissioner Suarez says, there is -- part of the County ordinance provides for a child safety zone. So while the Chief mentioned that we have this veil of false sense of security at night time where they're supposed to be in the daytime, they're anywhere they want to be. Commissioner Spence -Jones: I know. Commander Morales: As long as they don't loiter, aimlessly hang around 300 feet from a school, day care or a park, they're fine. They're next door to you. They're all over the place. City of Miami Page 66 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 The vast majority of the individuals that are assigned there now are not there in the daytime. If you go there any time before 10 o'clock, there's not a single soul on that corner. After 11 o'clock, there's 13 to 14 individuals that you'll find on that corner, and that's the issue that we're having. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Commander Morales: So there's -- I mean, I -- the issue becomes extremely complex because at the end of the day, ladies and gentlemen, nobody wants those individuals in their neighborhood. So whether we move their resident restriction back and remove the state -- correction, the County restriction, which is 2500 feet, and we go back to the state restriction which would be a thousand foot, they're going to still be homeless because they don't have the financial means to sustain a residency. So whether they're homeless at Northeast 10 and 79, that would, for lack of a better term, solve my problem as the NET commander of the Upper Eastside, they will go somewhere else. The change that needs to be made is in the philosophy of the agency that in charge of handling homelessness and that is the Homeless Trust. And even though as despiteful as we might find their actions and their behavior in the past -- Commissioner Spence -Jones: Yes. Commander Morales: -- they have served their debt to society -- Commissioner Spence -Jones: Yes. Commander Morales: -- okay, and they are, by default, a section of our homeless population, andl don't want them to receive preference, but they do not need to be discriminated against. We need to find a suitable location for them to be housed and receive the services in order to get them back integrated as a viable member of our society. Commissioner Spence -Jones: Yeah. Commander Morales: So that's where the problem is. Commissioner Spence -Jones: And I'm glad you mentioned that, too, because one of the things in my briefing with Julie -- because we talked about this whole issue of -- you know, what is it called, Romeo Juliet? Commander Morales: Correct. Commissioner Spence -Jones: Julie, you want to expand on that? Because -- 'cause there's also a big question around, in some instances, some of these cases -- Commander Morales: Well -- Ms. Bru: Right. We discussed many instances where, you know, young persons get caught up in the system and, you know, maybe in a situation that probably doesn't warrant the kind of treatment that they're going to have to receive the rest of their lives so -- Commander Morales: -- and that is a bit of a misconception. The residency required, both state and County, only affects individuals that have been convicted of a crime that was perpetrated on a victim under 16. Commissioner Spence -Jones: Under 16. City of Miami Page 67 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 RE.7 12-00154 Department of Management and Budget RE.8 12-00310 City Commission Commander Morales: So a lot of people are under the misconception they got caught up. This is a 24-year-old guy that fell in love with a 17; he thought it was 18. That's not the case. These are individuals that have been engaging in inappropriate behavior with -- Commissioner Spence -Jones: Okay. Commander Morales: -- children between 12 and 15 so -- Commissioner Spence -Jones: So there is a difference? Commander Morales: Absolutely. Commissioner Spence -Jones: Okay. Commander Morales: Absolutely. Commissioner Spence -Jones: All right. Chair Suarez: Thank you. It's been moved and seconded. Is there any further discussion? Hearing none, all in favor, signify by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011. 12-00154 Summary Form.pdf 12-00154 Memo - Year -End Budget Amendment.pdf 12-00154 Legislation. pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SELECTING TED GUBAAS THE SUCCESSFUL CANDIDATE TO BE APPOINTED AS INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, SUBJECT TO COMMISSIONER FRANK CAROLLO NEGOTIATING ACCEPTABLE TERMS AND CONDITIONS OF TED GUBA'S EMPLOYMENT WHICH INCLUDES COMPENSATION AND EMOLUMENTS. 12-00310 Legislation. pdf 12-00310 Applications. pdf 12-00310-Submittal-Selection Ballot For The Selection Of City Auditor. pdf 12-00310-Tally Sheet For The Selection Of Auditor General.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 68 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0115 Chair Suarez: Okay, we have everybody here now. Okay, so now we can go to the time certain of the auditor general. Madam Clerk, do you want to distribute the ballots or --? Priscilla A. Thompson (City Clerk): Do you -- if it's your wish that you have your ballots now, that's fine. I thought you were going to have a presentation or something. Chair Suarez: Yeah. I think every candidate has been asked, if I'm not mistaken -- and is Ms. Pruitt here by any chance? Unidentified Speaker: (UNINTET,T IGIBT ,F). Chair Suarez: Oh, okay, I'm sorry. I think every candidate was asked to make a three -minute presentation, if I'm not mistaken. So if we can give every candidate an opportunity to make a three -minute presentation. I believe only two of the top three candidates are here so I would like to afford them that opportunity and then, in the meantime, if you can pass the ballots and then we can, you know, rank the applicants and see if there's consensus. Marry Leckband (Assistant Director): Hi. Dr. Mary Leckband, on behalf of the Department of Human Resources. Chairman, would you prefer them to be in any specific order or just alphabetical order? Chair Suarez: Alphabetical is fine. Ms. Leckband: Alphabetical. Mr. Blake, could you please come forward for your presentation to the Commission. Lewis Blake: Good afternoon, hello. My name is Lewis Blake. I reside at 4000 Towerside Terrace, Unit 1907, Miami, Florida. I'm grateful to the Commission and to the members of the auditor general selection committee for considering me for the position. As a senior auditor in the Office of the Auditor General for going on six years now, I've witnessed a lot of its challenges, but finally I have the opportunity to do something about (UNINTELLIGIBLE) them, and this is primarily the reason why I applied for the position. As a lead auditor in the office, I've supervised audits of the City's affordable housing programs, the job order of costing, or JOC (Job Order Contract), construction program, construction expenditures funded with homeland defense bonds, solid waste hauler franchise fees, storm sewer collection fees, financial integrity principles audits, andl'm currently supervising the Jungle Island and Grove Key Marina audits. In addition, I have seven plus years of accounting and auditing experience in private industry, including internal audit experience with Ernst & Young and Titan America, a construction materials company. But I want to emphasize that it's been my experience as a lead auditor and interim audit supervisor in the Office of the Auditor General that has prepared me to become auditor general because I know the City's accounting software, I've developed a rapport with City management, I prepared the 2013 budget, andl'm already familiar with the City's challenges. But I believe that just as the City of Coral Springs won the Malcolm Baldrige Award for operational excellence in 2007, I believe that the City Manager's current management team can help the City ofMiami win that award. There are a lot of challenges, but we're going to do our part. I'm going to do my part as auditor general to help the City Manager win that award because we're going to change the way we've been performing our audits, 'cause historically, we've been known as policemen finding fault and finding blames in different City departments. Now, according to auditing standards, we have to be mindful of internal control weaknesses and we have to report fraud. We're going to continue to do that, but we won't do it as policemen. We're going to do it as consultants. Commissioners, you need an auditor that you can trust, an City ofMiami Page 69 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 auditor who's going to find problems, but also be helpful and find solutions, and I believe that I'm that auditor. Thank you. Chair Suarez: Thank you, sir. Ms. Leckband: Thank you. Mr. Ted Guba, would you please come to the podium for your three -minute presentation. Ted Guba: Good afternoon. I would like to thank you for the opportunity to be considered as a candidate for the City ofMiami Miami's auditor general position. I feel that am qualified to serve and meet the needs ofMiami in this position due to my management, technical and people skills that have developed over the years during my career in internal audit in both the public and private sectors. Not only do I have more than 30 years internal audit experience with four major corporations in the government sector, I have served as the director of audit for more than seven years at two corporations and for almost ten years at Florida International University. At FIU (Florida International University) I gained the confidence of management to increase the department from four to eight staff in order to expand the scope of audit coverage as the university grew. I was the first in the State University System to hire an information technology auditor to evaluate the technology environment. Also, I started a construction audit function that resulted in significant savings for the university after completing cost -recovery audits of construction contracts. In terms of my technical experience, I've managed diverse, financial and operational audits and complex investigations over the years. More recently, I have been the budget and special project consultant at the City of Doral and gained an understanding of city environments and the interactions between departments. This knowledge and experience would minimize the learning curve at the City ofMiami. As part of my responsibilities, I issued approximately seven recommendations to enhance revenue and cut cost and improve internal controls and operational efficiency in various departments. Some of these recommendations may be applicable to help Miami. Finally, my people skills includes successfully working with management to develop practical solutions to audit findings and lending assistance when necessary in their implementation. I have ensured that the audit department is not only viewed as having a high degree of integrity and professionalism but is approachable by management when problems arise. In terms of staff relations, I was able to retain staff as there was minimal turnover and insured that a strong professional development program was in place and that career paths were available to encourage personal growth. Also, I have successfully reported directly to audit committees and at the City of Doral, to a five person mayor and council. I have been responsive to their requests and needs, met their deadlines and kept them informed of key issues on a timely basis. Overall, I thinkl can also be successful here. Are there any questions? Chair Suarez: Thank you. Mr.Guba: Thank you for your time. Chair Suarez: I think we should bring it back to the Commission before actually ranking all three just to see what our colleagues may have to say on all this matter. Does anybody want to be recognized on this? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'd like to thank the Manager, the Administration, Ms. Beverly Pruitt, the selection committee, also all the candidates that applied because they definitely made this process better through competition. I'd like to congratulate all three of the candidates that are on the short list, andl hope all my colleagues had an opportunity to interview with all of them; I certainly did. And you know, I think that we City ofMiami Page 70 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 have some good choices before us and, you know, I think we should vote. Chair Suarez: Thank you. Anyone else? Yes, Commissioner. Commissioner Spence -Jones: I just have a -- Chair Suarez: Sure. Commissioner Spence -Jones: -- I do have some questions for -- Chair Suarez: Sure. Commissioner Spence -Jones: -- the -- I did get a chance to interview two of them -- I mean, the both of them. I guess the last one dropped out in the end. I want to start with the current auditor that's there now. Mr. Blake, if you can please step up. Mr. Blake: Lewis R. Blake, III -- Commissioner Spence -Jones: Okay. Mr. Blake: -- 4000 Towerside Terrace, Unit 1907, Miami, Florida. Commissioner Spence -Jones: Good afternoon. I think it's always just important to at least make sure that we have a greater understanding. You're the person that's there now, correct? Mr. Blake: Correct. Commissioner Spence -Jones: Okay. And you've been there since the last auditor left, right? Mr. Blake: Correct. Commissioner Spence -Jones: Okay. So can I ask you this question just so that we have a understanding. What were -- what would you say were your challenges during your actual tenure during the last administrator? What were the challenges that you faced? I would just like to know them. Mr. Blake: Well, I was informed that I did not have adequate -- well, I did not have supervisory review, which means that -- Commissioner Spence -Jones: No, no. I'm saying before your tenure, before you -- Mr. Blake: Oh, before the tenure. Commissioner Spence -Jones: Yes. Mr. Blake: Okay. Commissioner Spence -Jones: What were the challenges that you had, I mean, in that particular department from the leadership standpoint? From having a different leader in that department, what were the challenges that you faced? Because I think it's important for us all to understand, you know, what one has to, you know, do in that position and what the challenges were for you then. Mr. Blake: A major challenge was the lack of training. A lot of times we were just thrown into the audit without what I felt was adequate direction. For instance, the housing audit was a City of Miami Page 71 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 typical example for me. The City's housing programs are huge and it could have been broken down to maybe in CDBG (Community Development Block Grant), HOME (Home Investment partnership Program) or SHIP (State Housing Initiative Partnership Program) or -- you know, we could have done it in phases. Well, we were told -- we were given the direction to audit housing, so that's -- you know, that was one challenge. And then maybe there was a, I think, disconnect between our office and management. I felt that there was a adversarial relationship with our office and management. So again, you know, as I stated, as auditor general, I would -- the first step is to heal that. Andl want to assure management that, again, we will take a consultative approach to our audits. But at the same time, we would have to -- well, we report to you and we can't lose our independence, but we'll do it as independent objective consultants. So those were the two major -- Commissioner Spence -Jones: Challenges. Mr. Blake: -- challenges. Commissioner Spence -Jones: Okay. The other question I had, because you were there after the transition of the existing -- I mean, the old auditor to you being there now. Mr. Blake: Right. Commissioner Spence -Jones: My question would be for you -- and it's a two-part question -- what has changed since you became the leader of the department and what challenges did you have trying to lead the department now? Mr. Blake: Well, what changed was our ability to issue the reports to the public. Again, it made sense with no auditor general, you know, we couldn't issue reports because that's what the -- Section 48 says. That's the auditor's job, to issue reports. Without an auditor general, we couldn't so we would have to issue our reports with a disclaimer. These reports are FS or Florida Statute 119 exempt, confidential, for discussion purposes only. And another challenge was not being able to -- you know, I was told by the City'sAttorney's office thatl could not provide supervisory review of the work papers. In auditing you have to -- you know, all of our evidence for our reports are compiled in work papers and every single work paper, especially those that relate to our findings, have to be substantiated and requires supervisory review. And this is -- you know, this is not Lewis Blake saying this. This is in accordance with generally accepted auditing standards. Commissioner Spence -Jones: Yes. Mr. Blake: There has to be a designated person to supervise the work paper. So without the ability to do that -- now, I was able to do that with some audits, but there were two audits that I was not able to do it with and so, consequently, we could not issue the reports. So that was -- Commissioner Spence -Jones: Okay. Mr. Blake: -- a major challenge. Commissioner Spence -Jones: And -- okay. That's really my last question. But let me just say this, you know, I'm always going to be a straight shooter, okay, andl know that it's important to be that, you know. Mr. Blake: Yes. Commissioner Spence -Jones: I know that there, you know, have been challenges in the department just in general, and I'm sure the reason why I really wanted you to put that on record City of Miami Page 72 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 because I think it's important for people to understand the challenges that you had to address -- Mr. Blake: Right. Commissioner Spence -Jones: -- when it comes to -- when it came to actually, you know, what you knew that you were professionally responsible for and then actually what, you know, your limitations were. In closing on this comment, were you -- was it totally -- you felt like in your transition going into that particular position, that you were fully briefed and understood what your limitations were? Mr. Blake: What was important to me again -- because as a CPA (Certified Public Accountant), I have to follow generally accepted auditing standards and -- Commissioner Spence -Jones: Yes. Mr. Blake: -- and the government standards -- Commissioner Spence -Jones: Yes. Mr. Blake: -- was a supervisory review. It would have been great if we would have been informed of that beforehand and -- because I started out having biweekly staff meetings -- Commissioner Spence -Jones: Yes. Mr. Blake: -- where I would have staff give me the audits that were on their plate and they would have to inform me -- Commissioner Spence -Jones: Yes. Mr. Blake: -- of what they did and what they were going to do by the next two -week meeting. And so when I was finally told that didn't have the supervisory review -- well -- yeah, the meeting stopped. Now, I -- again, we were able to complete the hauler -- yeah, the franchise fee agreements with haulers -- Commissioner Spence -Jones: Yes. Mr. Blake: -- which many of you got -- received copies of and a few other audits of course financial integrity you got. That was the audit that was completely charged with and -- but think we would have been more productive if -- and maybe the charter needs to be changed so as to -- Commissioner Spence -Jones: To address the issue. Mr. Blake: -- provide for an interim period. Commissioner Spence -Jones: And let me just say this. I think -- Mr. Blake: Right. Commissioner Spence -Jones: -- it's important that we all sit up here as leaders. Mr. Blake: Right. Commissioner Spence -Jones: And for us it's about whenever we run into something that becomes an issue, you know, and that affects our ability to be productive -- City of Miami Page 73 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Blake: Right. Commissioner Spence -Jones: -- then we have to address it and make the changes on it because Mr. Blake: Right. Commissioner Spence -Jones: -- we can't expect for you to know something and you don't know it and then you get blamed in any way -- Mr. Blake: Right. Commissioner Spence -Jones: -- for not knowing it. So I think that, you know, from the Administration standpoint, we should take heed to this as well so that when we have interim -- we have two new interim directors. I'm sure they don't have the same kind of requirements because this is more of a charter -driven position, but especially when we're talking about a position of this magnitude, one needs to know their limitations. Andl think that -- Mr. Blake: Right. Commissioner Spence -Jones: --from a briefing standpoint, I'm not really sure -- Julie, was he ever fully briefed before he took the position? Or not -- that's not really -- that wouldn't be you. That would be personnel, correct? You want to put it on record? Ms. Leckband: Hi. Dr. Mary Leckband, from Human Resources. The initial briefing of his roles in a supervisory capacity were as dictated by the City Commission as to what he was supposed to be doing within the scope of his duties and he was briefed by a then member of the City Attorney staff Ms. Kira Grossman, as well as Ms. Pruitt. They met with him on many occasions after -- including also a meeting with Maria Chiaro and myself -- making sure that he remains within the scope of his supervisory authority. That was discussed during several Commission meetings brought up by then Chairman Gort. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Commissioner Spence -Jones: All right. So I -- thank you. I just want to make sure we're all on the same page. Mr. Blake: Yeah. Thank you. Commissioner Spence -Jones: Mr. Guba, I just have two more questions for you. Thank you. Chair Suarez: Thank you. Commissioner Spence -Jones: And mine are two questions as well. You know, during our conversations, I kind of talked about the fact that, you know, you got a chance to explore a lot of positions, meaning you, you know, jumped from a few things to the other. We talked about -- but you kind of explained to me the -- 'cause that was one of my concerns in the very beginning, butl became very secure in the answers as you explained them. But I wanted to ask you -- you know, you're at Doral now, correct? Mr. Guba: Yes. City of Miami Page 74 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Spence -Jones: What are your greatest challenges faced the Doral as a consultant because you're not actually on board as a -- as the auditor; you're a consultant. So I'm assuming that they have auditor -- other auditors that work there as well or you're the -- you were the chief auditor? Mr. Guba: My role was -- Commissioner Spence -Jones: You could pull the mike down a little bit. Mr. Guba: -- was budget consulting as well as special projects work that I did. They had their financial statements audited by an outside CPA firm. As part of my budget work, I did issue recommendations, and Doral doesn't have problems like other cities. They have surplus of funds. Commissioner Spence -Jones: Oh. Mr. Guba: And part of my challenges were selling some of these recommendations. Like for instance, I found that their business tax that they were charging -- there's some 8,000 businesses in Doral and they bring in about 350,000 in revenue. Andl did an analysis between Hialeah, Coral Gables and so forth and l found that if they could bring their business tax charges up to the level of Hialeah -- Commissioner Spence -Jones: Yeah. Mr. Guba: -- they could increase their revenues by a million dollars, and one of the reasons was that 4,000 of businesses, the small businesses are charged $35 a year, whereas the lowest fee by any other city is 100, you know, so -- but because the fact that the City doesn't need money, they don't want to visit this, you know, at this point in time. I'm sure there will be time in the future, as well as cutting costs in terms of departments. I mean, all cities, the construction activity went down. Buildings department revenues from 2006/2007 went down from about 8 million to 2 and a half million and staffing didn't change, even though activities, which was their inspections and so forth, building permits, that activity went down tremendously and there was no -- there were no adjustments made in staffing. And you know, although toward the last year or so, they did put people on furlough and things like that. I felt that the people could have been redistributed to other departments, cross trained and things like that but -- Commissioner Spence -Jones: Yes. Mr. Guba: -- you know, some -- you know, it's not a -- their problem was they had too much money to make these sellable. Commissioner Spence -Jones: Okay. Mr. Guba: Saleable. Commissioner Spence -Jones: I like the idea, even though like I said in the beginning, I had a concern with -- you know, it seemed as though you had a lot of different positions, but I thought that that was -- from my perspective, it was good because you had an opportunity to work in private industry and also work in public industry so -- in the public as well, so that gave you, you know, the viewpoint from both sides of the equation, which I thought was important. This is my last question for you. It's no secret, over the last two, three years we've had some challenges and we're dealing with some of them challenges as we speak, as a matter of fact, right in the City of Miami. My question for you, and l just want to be clear on this. My concern has always been that I feel that the auditor really needs to stand out from everything else -- everyone else. You know, you have a certain job and responsibility and the Commission expects you to protect the City. My question for you -- and I asked you that yesterday, you know. It's extremely important City of Miami Page 75 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 that politics never play a role. It's extremely -- in your position, and extremely important that, from the media standpoint that, you know, there is -- you know, we understand how important the media is, but we expect for us not to hear about this stuff by way of -- not saying anything about the Herald, but by way of the Herald. We would like to know it first. My question becomes for you, how do you feel you will address these issues if they arise? And if an issue arises in any department or any City -related department, how would you address these issues? Mr. Guba: I mean, prior to addressing it, I would sit down with each one of you and find out what your expectations are and how this can be addressed to meet your expectations from the way the office works and also from a legal standpoint: what can I do, what can't I do. But you know, sure, ifI knew that things were going to be in the paper, I feell have a responsibility to notifi, you as soon as I find out, you know, all five of you. Commissioner Spence -Jones: Right. I guess my -- just so I'm clear and I'm saying it out so we're -- we would expect, as City Commissioners -- I can't -- I'm going to say from my perspective, I would like to hear from -- it first from you first before hearing -- meaning, I don't want to see -- if there's an issue with the department, I don't want to see that being leaked to the media before we have an opportunity to know about it. So I just wanted to make sure you understood how, you know, it would need to be addressed so that we at least understand what issues are before someone -- before the world knows about it. You said yes? Mr. Guba: I said yes. Yes. Commissioner Spence -Jones: Thank you so much. And then in close -- thank you. I'm done. Mr. Guba: Okay. Thank you. Commissioner Spence -Jones: I'm assuming we have to take the vote, but I do want to ask this one quick question of the Administration. The biggest concern I had on -- and I guess I'm being told that there's no way to address it -- is -- I think we had some great candidates. It's a shame that we lost so many other ones as -- along the way and it only really boil down to the last two. My concern is that once we agree to this, whoever the auditor is, they're there for the next four years, correct, because of the charter, you know? And Madam City Attorney, if you could put that on the record so we're clear on it. And I'm just concerned that -- andl don't -- and maybe that's a part of the whole charter review. We could -- maybe this is one of the issues that we will address. Commissioner Gort: There's a lot of issues needs to be addressed. Commissioner Spence -Jones: Yeah. So I'm just -- Madam City Attorney, you can put it on the record. But I'm just wondering if there any way we have can have a one-year review or something along that line, you know, or are we just -- we're -- this is it? Julie O. Bru (City Attorney): Madam Commissioner, the Charter's very clear that once you appoint, it's for a four-year term, and the independent auditor general shall be subject to suspension and/or removal by the City Commission for incompetence, neglect of duty, immortality, drunkenness, failure to obey orders given by proper authority, or for any just and reasonable cause. So this is an appointment for four years and the removal can only be for cause. Commissioner Gort: For cause, yes. Chair Suarez: Okay. Commissioner Gort. That sounds (UNINTET,T IGIBT,F) eerily similar to Section 26, by the way. City of Miami Page 76 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Gort: There's a lot of things in this Charter that we have to look at, andl think we need to have a Charter review and there's a lot of things that need to be changed. But I want to be sure that we make something very clear, the internal audit works for the City Commission. 'Cause a lot of the rumors were going around that the reason he was fired because they were investigating the Commission, the Commission wanted a certain thing to be investigated. So I want to make sure everybody knows the internal audit works for the City ofMiami Commission. And then, like you, I'd like to agree. Right now any time I need to know something about the City, I got to call the -- my friend over there. I got to call and ask -- Chair Suarez: Chuck. Commissioner Gort: -- Chuck what's happening, what's going on in the City. You let me know what's happening. And so I want to make sure that whatever report's going to come out, that he sits down with us, discuss it with us, whoever gets elected before (UNINTELLIGIBLE) before, and then by all means, go to the press. But hate to find out things through somebody else when we should get the information first. Chair Suarez: Thank you. Yeah, this has been obviously a long and arduous process which has repeated itself and, you know, I don't know how many people started applying and what the numbers are and know we dwindled them down and we had a bunch of people, you know, basically drop out of contention. Andl understand that work in the City ofMiami is challenging, but it can also be very rewarding, and so one of the things that I was looking for is to see, you know, the passion, you know, and the desire to really take on the challenge because it is not a simple city. It's a complicated city and a complicated county with a lot of you know, different cultures and different dynamics. So I'm -- I've spoken to my selection committee member, who's an expert that chose to evaluate the candidates, and he has made his recommendations to me so I'm prepared to vote as well. And unless there's any further comment, I would ask that you all look at the ballot in front of you and rank the candidates according to the ballot and then pass it or have the -- if it -- you can come collect it, please. Thank you. You can come collect it and then we'll go from there. Thank you. Do you want us to leave the total votes and total points blank, right? You guys will tabulate that yourselves? Ms. Thompson: That is correct. Chair Suarez: Thank you. And just to -- for clarity sake, if -- the procedure, the way it's going to work, is if at least three Commissioners have ranked the same person number one, then that is the person that will be nominated. If there are no more than -- they're not -- there are not three, there are not a consensus of ranking someone number one, then we will go to the total point score and see if that provides some clarity. If that somehow doesn't provide clarity, then we'll discuss it and make a decision. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff. As long as we have this down moment, I just wanted to -- I was going to not say anything, but -- and I -- you know, being a trial lawyer and having put accountants on, you think you know something, but I'm not an accountant. I'm not absolutely sure that an accountant can come to the person upon which they're reporting prior to making that report and being an auditor. So I just would like the record to reflect that I'd like them to follow generally accepted accounting principles and auditing principles, and if those do not allow them to come to a Commissioner beforehand with their audit results, then I'd like them not to come to me. Chair Suarez: Thank you. Yeah, my -- obviously, they have to abide by their governing standards, like we have to abide by the Florida Bar rules. But I think the -- there was a -- there City ofMiami Page 77 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 were allegations that, previously, things were being given to the media before -- Vice Chair Sarnoff. Yeah. There's a difference. I -- Chair Suarez: Yeah. Vice Chair Sarnoff. -- would prefer them not to give the Herald the draft audit -- Chair Suarez: Exactly. Vice Chair Sarnoff. -- prior to issuing the audit. Commissioner Gort: Right. Vice Chair Sarnoff. I think that's a fair statement. But I'm not absolutely certain we, as Commissioners, are entitled to comment while an audit is going on to change the audit, and l just want to clarify from my position, I want them to follow generally accepted accounting principles and -- Commissioner Gort: Yeah. Vice Chair Sarnoff. -- governmental accounting principles, and I also -- Chair Suarez: Auditing principles. Vice Chair Sarnoff. -- I just want them to follow those. If it means they don't report to me, that's okay 'cause I don't -- I'm not sure they can. Commissioner Gort: I agree with you. I don't think we -- but I'd like to see the draft. Once they get to a conclusion, would like to see a draft. Like at the same time, an audit -- I'm not an auditor, butt have some familiarity with it. When you do an audit -- and then Commissioner Carollo can stress that -- the auditor, most of the time, gives the opportunity to the person being audit to answer. I mean, we don't want to interfere with any of the audit, on the contrary. We want to make sure it -- Vice Chair Sarnoff. Right. That's the -- Commissioner Gort: -- goes right through. Yes. Vice Chair Sarnoff. -- that's why they call it an independent auditor. Commissioner Gort: Of course. Vice Chair Sarnoff. Right. Commissioner Gort: And it's got to be completely independent. Chair Suarez: Thank you. Commissioner Gort: We all agree to that. Chair Suarez: I see the Clerk has -- Commissioner Gort: No? City of Miami Page 78 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: You have not collected them all? Ms. Thompson: We've just collected. Now we have to input, tally, print out our summary -- Chair Suarez: Okay. Ms. Thompson: -- and we'll let you know. Chair Suarez: Do you need five minutes? Ms. Thompson: That would be appreciated. Chair Suarez: Okay, great. Ms. Thompson: Thank you. Chair Suarez: Sure, (UNINTET,T IGIBT ,F) let's get to work. Later... Chair Suarez: Madam Clerk, I know we're waiting on Commissioner Carollo andl think we should wait on him before voting on this issue. It's a very important issue and we want to have all the Commissioners present. Do you -- are you okay with at least discussing the results of your tabulation? Ms. Thompson: Whatever direction you want to give me, I'm ready to follow. Chair Suarez: Yeah, let's go. Ms. Thompson: Okay. Based upon the election just completed with the five ballots cast for the audit -- the City auditor general, on March 22, 2012 I'm reporting to you that you have one candidate with five first place votes -- that's unanimous -- Mr. Ted Guba. Chair Suarez: Is there a motion to nominate Mr. Guba? Vice Chair Sarnoff So moved. Chair Suarez: Moved by Vice Chair Sarnoff. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. And l just want to specin, before we vote -- and obviously, you know, we'll hopefully wait for the Vice Chair, for Commissioner Carollo to come. But I just want to make it clear that what we're voting on is the appointment, not the compensation package or the emoluments. That's going to be coming at some future date. Ms. Bru: Well -- Chair Suarez: Yes. Ms. Bru: -- here's what suggested, and thought that the resolution that assisted in drafting is clear. I think it's awkward to actually appoint the individual at this time because you don't know if you're going to come to an agreement with respect to the terms and conditions of the appointment. So what suggested was that you identify him as the preferred selected candidate and then delegate to whomever the responsibility for coming -- you know, negotiating a City of Miami Page 79 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 compensation package and coming back. Vice Chair Sarnoff So let me withdraw my motion. Let me make a new motion, that we give our inclination and certain approval that Mr. Guda [sic] is the vote winner today and that Commissioner Carollo will negotiate his emoluments and salary. Chair Suarez: That's a motion. Is there a second? Is there --? Commissioner Carollo: Second. Commissioner Gort: I'll second it for discussion. Chair Suarez: Okay. Go ahead, Commissioner Gort. Commissioner Gort: But let me ask you a question. I think we need an individual to come on aboard as soon as possible, and it's not an easy job. Can we make the -- to the maker of the motion, can we make that motion to appoint subject to him accepting the --? Chair Suarez: You know, maybe -- Commissioner Gort: -- negotiation? Chair Suarez: -- you know what, maybe we can -- let me try to chime in on this as well. Commissioner Gort: Good. Chair Suarez: Maybe we can have him appointed at the current salary level of the current person right now until it's negotiated and -- by the Commission. In other words, so we can have someone start immediately. No? Ms. Bru: Remember, the appointment is for four years. Chair Suarez: I understand. Ms. Bru: So -- I mean, if you reach a stalemate in negotiating a compensation package, you really can't do anything about it because you've appointed them for four years so -- I mean, it's very awkward. Vice Chair Sarnoff So the motion should be clearly stated, that it is a motion to designate him as the vote -getter, as the preferred candidate, subject to a negotiation with Commissioner Carollo for his compensation and emoluments. Ms. Bru: Right. I think that's clear now. Chair Suarez: That's fine. Ms. Bru: Commissioner Gort wants to get the person up and running as soon as possible and really don't know how to facilitate that. Maybe you can have some advice from your personnel director, how can you bring someone actually -- Chair Suarez: We can bring it -- Ms. Bru: -- but -- Chair Suarez: -- at the next Commission meeting. I mean -- City of Miami Page 80 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: Yeah, absolutely. Ms. Bru: Okay. Commissioner Carollo: I plan on, you know, meeting with Mr. Guba and negotiating, you know, something reasonable and being able to bring it to the next Commission meeting so we can vote on it. Chair Suarez: Perfect. So the motion has been properly articulated by Vice Chair Sarnoff. It's been seconded by Commissioner Gort. Any further discussion? Ms. Thompson: I'm sorry, Chair. My fault -- Chair Suarez: Sure. Ms. Thompson: -- because we were having a discussion. I wanted to make sure of the motion -- Chair Suarez: Yes. Ms. Thompson: -- the exact wording of the motion, if you don't mind, Vice Chair? Vice Chair Sarnoff. I'm sorry. I didn't -- I apologize. Chair Suarez: The exact wording of the motion. Vice Chair Sarnoff. The exact wording, yes. The motion is to designate Mr. Guda -- Guba, excuse me, as the preferred candidate by this Commission, subject to Commission Carollo negotiating acceptable terms and conditions of his employment which would include his compensation and emoluments. Ms. Thompson: Thank you. Chair Suarez: And it's been seconded by Commissioner Gort. All in favor, sign -- Ms. Bru: Wait, wait, wait. Chair Suarez: Well -- Ms. Bru: Let me just -- let me -- if you allow me. Just to be clear, I think the title of the resolution that's in your package addresses what you need to do and that is, like Commissioner Sarnoff said he's -- this Commission is selecting Mr. Guba as the successful candidate to be appointed, to be appointed, subject to negotiation of the compensation package. So that means that it has to come back to the Commission for the appointment, right? Just to be clear. Chair Suarez: Okay, thank you. It's been moved and second and clarified and amended. All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Motions passes unanimously. Ms. Thompson: Thank you. Vice Chair Sarnoff. Congratulations. City of Miami Page 81 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Thank you. Commissioner Gort: Congratulations. Chair Suarez: Congratulations. Commissioner Gort: (UNINTET,TIGIBT,F). Chair Suarez: Welcome -- Well, hopefully, welcome aboard. Vice Chair Sarnoff Welcome to the Good Ship Lollipop. RE.9 RESOLUTION 12-00315 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Commissioner Frank POLICY FOR THE DISTRIBUTION OF PUBLIC OR COMMUNITY BENEFITS Carollo TICKETS AS STATED HEREIN. 12-00315 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-12-0124 Chair Suarez: RE.8. Commissioner Spence -Jones: RE.8, you said we weren't going to deal with. That's the appointment. Chair Suarez: Oh, we already did that. I'm sorry, I -- yeah, we got RE. 6 out. We got RE.8. RE.9. Commissioner Spence -Jones: RE.9. Chair Suarez: That's Commissioner Carollo's. Later... Chair Suarez: RE.9. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo, you're recognized on your item. Commissioner Carollo: Thank you, Mr. Chairman. RE.9, and I'll do the presentation. It's an item that I'm bringing before this Commission. It deals with establishing, you know, a policy for the distribution of public or community benefit tickets as stated herein. As you know, there's been guidelines, policy from the Commission on Ethics, and one of the suggestions is that elected officials be removed from the process of distributing tickets to ultimate recipients. There's been a lot of controversy with this issue. The bottom line is there are two events, one that, you know, has started, the Sony Ericsson, and then we have the suites of the Marlins. And although the City of Miami Page 82 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 resolution that, you know -- andl thank the City Attorney; she help me draft it. It's pretty self-explanatory and it's in great detail. I want to go to exactly the section that stipulates what I am seeking or what this Commission is seeking. The City Manager is hereby directed to undertake all necessary action to obtain for the City the monetary value associated with the City's entitlement to the use of the suite at the Marlins ballpark and any and all tickets associated with the Sony Ericsson Open Tennis Tournament, with all revenues generated thereby to be set aside in the City's general fund and subject to the future allocation by this City Commission. And then, you know, in the future this City Commission could allocate whether it should be for, let's say parades or whatever, fire services, police services, whatever it deems. Additionally, I want to stipulate that in Section 3, the City Manager and the City Attorney are hereby directed to work with the directors or executive directors of all the various City -run venues, including but not limited to Bayfront Park, James L. Knight Center, the Olympia Theater at the Gusman Center for the Performing Arts, to establish best practices for the fair and equitable distribution of complimentary tickets obtained under City contracts and to bring back to this City Commission recommendations for a City policy consistent with the new guidelines adopted by the Miami -Dade County Commission on the Ethics, to be adopted by the City Commission. Chair Suarez: That's a motion, right? Commissioner Carollo: Yeah. And that is a motion. I think -- Commissioner Spence -Jones: Second. Chair Suarez: Second by Commission Spence -Jones. Any further discussion. Commissioner Carollo: Doesn't appear that I need to speak anymore. Commissioner Spence -Jones: What? Chair Suarez: I -- listen -- Commissioner Carollo: Doesn't appear that I need to say anything more. Chair Suarez: -- I like -- there -- you know, obviously, this has to be done and -- Commissioner Carollo: Absolutely. Commissioner Spence -Jones: Yeah. Commissioner Carollo: Absolutely. Chair Suarez: -- I think, you know, it -- going to the point -- my first thing when I saw it was maybe we should put it in a special revenue account, but then I like maybe having a little bit more flexibility. But what I think is that this could mean -- this could solve a very, very big part of the issue with the parades because the -- ifI recall, the County got about a hundred and something thousand dollars for the Ericsson tickets and we have the same amount of Ericsson tickets, I believe, so we should get a very similar amount. Commissioner Carollo: They have a box. We had actual tickets. Chair Suarez: Okay. Commissioner Carollo: I'm not -- Chair Suarez: Maybe it's a little different. Right. City of Miami Page 83 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: -- sure, but that's why, you know, the direction is for the City Manager to, you know, undertake all necessary actions to obtain the maximum amount -- Chair Suarez: Right. Commissioner Carollo: -- that we can for those tickets, same with the Marlins. And listen, you know, what don't want is, first, tickets that are going to go to waste, that now no one wants to use that, you know -- andl think, realistically, I -- and definitely, I know my colleagues -- want to do the right thing. And you know what, at least with these two venues that are not City -owned venues -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- you know, let's obtain the monetary -- the funding and we'll deal with it later. It could be for the parades, you know. Commissioner Spence -Jones: Yeah. Commissioner Carollo: It could be, you know -- and that serves the community. Commissioner Spence -Jones: Yes. Commissioner Carollo: So I think this is a very good start. And then speaking to some of the executive directors, you know, there were all their -- the different quirks. Well, this or that. They all have their different issues in how to do it, so you know what, I think it also gives that latitude for each executive director, each director to meet with the City Manager, with the City Attorney and come up with a plan. In other words, I'm not trying to rush anything -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- but we need -- listen, Ericsson's on top of us. The Marlins suite is right around the corner also. We need to deal with those and then we'll have time to deal with the James L. Knight Center, Bayfront and whatever, so I -- you know, we -- I spend a lot of time thinking about, you know, the different areas to make sure that it's fair to everyone and realistically, I really do believe -- andl thank the City Attorney once again. I think it's a very good resolution. Chair Suarez: Thank you. It's been moved and seconded. Any further discussion? Commissioner Spence -Jones. Commissioner Spence -Jones: I just wanted to -- and I'm fine with the City Manager coming up with the best plan to address the ticket issue. I know that in my conversation with Madam City Attorney, one of the big issues, you know, that I had 'cause I wanted to have clarity on it and she kind of made sure that understood that it wasn't necessarily City -- it was City -owned being used, but anything outside of the City -- 'cause we're invited to stuff all the time. Andl think it's important, Madam City Attorney, so -- that you at least put on the record so that we all are clear as to what we can and cannot do, you know, because I think we've heard it in the County, we've seen it in the newspaper, but I think just to put it on the record for the citizens to also understand. And my only recommendation to you, Mr. Manager, is you know, definitely in the -- when you pull all those individuals together, put a process together, that at least the five districts that are represented, if we have to give the tickets out -- in that way, there's some sort of system put in place at every single one of the districts has organizations that's perhaps, you know, a part of a lottery and those organizations are selected that way. Because what don't want to have happen -- you know, let's say we get a manager -- oh -- let's say whatever happens. You know, the hand City of Miami Page 84 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 -- tickets get in the wrong hands. It's the same organizations and groups that have the tickets all the time, so I would rather, you know, that be one of the things that's also considered, you know, that each one of our districts have the opportunity to ident -- here's ten organizations that can benefit from these tickets and these services, and we want to make sure that there's a lottery system put in place for them to be able to utilize the tickets. And then, Madam City Attorney, if you could just put on the record so we're real clear -- Julie O. Bru (City Attorney): Madam Commissioner, recently the Commission on Ethics -- or County Commission on Ethics attempted to provide -- didn't attempt; they actually recommended and the Commission adopted new guidelines, and the focus of the guidelines has to do with tickets that are obtained by elected officials through contracts, and they referred to them as public benefit clauses and contracts. And indeed, in the City ofMiami we have various contracts wherein, as a matter of business, as a matter of course, as a matter of past practice, those contracts would always contain a certain number of tickets that would be provided to the City. The change in the interpretation of how those tickets are viewed by the Commission on Ethics is that now the Commission on Ethics is saying that those public benefit contract tickets are not to be used by the elected officials because that is not a public purpose. And they believe that the tickets were obtained as part of a contract; they have to be used for a public purpose. That doesn't mean that elected officials can't attend events or go to venues where they are actually performing some official function or as part of their official duties. That continues to be appropriate. For example, Joe Centorino, from the Commission on Ethics, the executive director, clearly distinguished between going to the home opener at the Marlins stadium because that is the home opener, it's ceremonial. You are the elected officials that are part of the whole development of the project. That's the first game. He doesn't see anything wrong with anybody here going to that first game and attending it and going to the suite that has been made available under the contract. Now you go to another game in the afternoon with your child, with your friend, with whatever, that's not an official function that he believes would be an appropriate acceptance of a public benefit ticket. So that's the point that he's made with the new guidelines. And you know, I also want to make sure then that we are all, not just the elected officials, but the employees and appointed officials are also subjected to the new guidelines and that's why I think it's appropriate that the Commissioner recommend that the Manager, in conjunction with the different executive directors of the venues that are the primary recipients of these tickets, come up with a policy that will be fair, equitable, and in accordance with the guidelines. Commissioner Spence -Jones: And ifI can add, the only -- and ifI can add on this as well 'cause I think it's important -- Commissioner Carollo: And in the mean time, let's get the money. Commissioner Spence -Jones: -- to also say, Mr. Manager, I think it's really important -- because we have board members -- what I was really thinking about was Bayfront Trust, for instance. You have board members that give of their time and their services for absolutely free, you know, supporting, you know -- so -- and my question was, well, your -- this is an entertainment venue itself, so quite naturally, if you're sitting on the board, you're voting on items, you're trying to attract events to the City, it's crazy that they're not able to even attend the events themselves to even determine whether or not they were good events. So that part of it, I'm just a little concerned about it because it's already hard to get board members to give of their time, you know, and now -- at least that was one little extra perk they got and now that's not possible, correct? That's what we're understanding now. Commissioner Carollo: Well, it may be possible for a board member as their official capacity. Commissioner Gort: Yes. Commissioner Carollo: However -- and let's be honest now. Whenever tickets are issued, they're City ofMiami Page 85 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 not issued one ticket; they're usually issued two tickets. Commissioner Spence -Jones: Right. Commissioner Carollo: Well, if a board member attends with, let's say, the person's wife, husband -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- wife, companion, they need to report the gift for the companion. Commissioner Spence -Jones: Okay. Commissioner Carollo: So -- but in -- and again, I'm definitely not pretending to be an attorney, but I have spent quite a bit of time, you know, looking at this, actually speaking to Mr. Centorino also -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- to clearly understand this, with the City Attorney, and it appears to me like someone in their official capacity, you know, someone that will be voting on an item -- I'll give you an example, Ultra -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- with regards to the noise -- you know, this -- things that in the future we may have to vote, so stuff like that, yes, you could go and you will be acting in your official capacity and that you do not have to declare as a gift and, yes, you can go. However, if you take someone, like that second ticket, then you will -- Commissioner Spence -Jones: You have to -- Commissioner Carollo: -- have to report that ticket as a gift. Commissioner Spence -Jones: Okay, so I wanted to be clear 'cause that's not the understanding I had. I'm glad you're clearing that up because in our discussions, the board -- I thought it -- because when you say -- let's -- in your official capacity, when we talked about it, it was like either yeah, the board member comes but he's either -- or she's either, you know, cutting the ribbon or she's, you know, doing something at the event. She's not coming there to chill out. So I'm -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- just -- Commissioner Carollo: Absolutely. Commissioner Spence -Jones: -- I want to be clear, so what is official capacity? So I guess you guys'll work out all those details when you have it. But beyond that, let me just give you an example. Commissioner Sarnoff and I sit on the Performing Arts board -- I mean -- and -- I mean, he's been more than I have at this point, but we're always asked to participate and go to the openings and be a part of that, and I'm -- and there's other elected officials sitting on there as well, so how do you -- what do you do in that instance? I have never used any of the tickets but City of Miami Page 86 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: And -- Commissioner Gort: Don't go anywhere. Vice Chair Sarnoft She's really asking -- Commissioner Spence -Jones: Right. Vice Chair Sarnoft -- and she see Kevin Costner coming up at the gallo. Commissioner Spence -Jones: No. Commissioner Carollo: And Mr. Chairman, ifI may real quick? Chair Suarez: Yes, of course. Commissioner Carollo: And that is why the two events thatl want to address right away is the Sony Ericsson to obtain the revenues or the monies and the Marlins suites to obtain the revenues or the monies because that's upon us. Now I'm giving latitude with the rest of the venues so all these questions that we're asking can be vetted, can be -- you know, if we have to outright go to the Commission on Ethics, Mr. Centorino, and get an opinion from them, our City Attorney, so that's why I'm giving latitude in order to address all these issues. Commissioner Spence -Jones: And I'm just saying this because I can see already board members that are elected officials that receive these tickets -- I'm going to say Performing Arts Center -- then all of a sudden, they're finding a way to have an official capacity. That means giving a proclamation, providing -- so, you know -- Unidentified Speaker: City Manager (UNINTET,TIGIBT,F). Commissioner Spence -Jones: Whatever it is, I can -- I'm just telling you. Commissioner Carollo: I don't sing. Commissioner Spence -Jones: Every City represented -- Commissioner Carollo: I don't sing. Commissioner Spence -Jones: -- on these boards will say -- I'm just going to use what you just said, Commissioner Sar -- Mr. Costner, we're presenting you with the key, we're presenting you with a proclamation so you'll -- so I just think that it really -- maybe that's a further conversation we need to have because I think that that would be the case because, you know, they're sitting on these boards and they're invited to participate, you know, to even give their feedback on it, so what happens after that. So I just -- I think it's important for us to really understand. Andl know that our Commissioner's saying let's deal with these two events now, but the reality is every single last one of these event -- venues have events that's happening like right now. Andl sit on the Greater Miami Convention and Visitors Bureau, right, and every single activity or event that takes place in the City and in Miami Dade County you're invited to. So does that mean I go there to each one of them and present? Ms. Bru: Remember, Commissioner, that the focus of the new guidelines that have been adopted has to do with public benefit clauses and contracts. So if you're invited by the Arsht Center or you're invited by the Homestead Raceway -- Commissioner Spence -Jones: So that one's fine? City of Miami Page 87 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Ms. Bru: -- that's just an invitation to you, and it depends whether you're invited because they send you an e-mail (electronic) saying we would like for you to address our, you know, audience, then that's you going in your official capacity. Or somebody just says, hey, Commissioner, here's two tickets for the show at the Arsht Center; enjoy it. Well, that's just a gift and you just report it. Commissioner Spence -Jones: Right. Ms. Bru: You're not prohibited from accepting it. Commissioner Spence -Jones: Okay. I just -- Ms. Bru: If it's over $100 -- Commissioner Spence -Jones: -- want to make sure we put it all out there. Ms. Bru: -- you report it. So there's, you know, a lot of nuances, but I think -- you know, I think it is important for us to address this because, you know, I would not want to be someone out there who's serving on a board and not have some kind of policy adopted by this Commission that says my continued ability to go to an event because I'm receiving a ticket that was obtained through a contract is considered to be a public purpose. Commissioner Spence -Jones: Okay. See the trouble you start. Commissioner Gort: I don't go anywhere anymore so that's -- Chair Suarez: It's been moved and seconded. All in favor, signifi, by saying "aye. The Commission (Collectively): Aye. END OF RESOLUTIONS BUDGET BI.1 BUDGET DISCUSSION ITEM 12-00148 Department of STATUS (SEC.18-542(b) CITY CODE) Management and I. 2011-2012 BUDGET Budget II.PROPOSED 2012-2013 BUDGET 12-00148 Summary Form.pdf DISCUSSED Chair Suarez: Let's get the budget. Let's hear from the budget. I'm in budget. Thank you. Daniel Alfonso: Good afternoon, Commissioners. Daniel Alfonso, Management & Budget director. Okay, I'll start by saying that the fiscal year 2011 budget, which we are about to close -- the report should be coming out pretty soon -- so far, again, it's to the good and better than it was before, thanks to Commissioner Gort's office bringing something to our attention. Chair Suarez: To the tune of $2 million. Mr. Alfonso: One point nine, to be exact -- City of Miami Page 88 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Okay. Mr. Alfonso: -- but yes. Chair Suarez: Okay. Commissioner Spence -Jones: Not a little bit (UNINTET,TIGIBT,F) Mr. Alfonso: Prior -- Chair Suarez: Thank you, Commissioner. Mr. Alfonso: -- as we had reported -- Chair Suarez: We owe you a lunch, I think. Mr. Alfonso: -- prior, we were looking at about a $2.7 million to the positive for the fiscal year '11 ending, and then the item that had been submitted and has been withdrawn because of some changes that need to be taking place, which will not impact the fund balance at all. It's just presentation. I want to point that out. There was an item there for $1.9 million that was supposed to be paid out of a fund not general fund but it had been recorded in general fund, so making that accounting correction will make the projected end -of -year surplus about 4.6, so that's looking good. And we will bring that end -of -year item again first meeting in April once we get this aggregation of funds, according to GASB (Government Accounting Standard Board), properly stated. I just -- I didn't it was fair to spend a couple hours here today discussing the ins and outs of that move without prior sitting with you all, so the Manager made a very wise decision in withdrawing the item. Okay, in terms of the current year, fiscal year 2011/'12, which we are on, we're still in good track. Our revenues are currently tracking above what we budgeted. That is somewhat to be expected because a lot of our revenues we budget at 95 percent, so as long as the economy doesn't go south or we don't have anything really unusual, that is to be expected. More importantly, on the expenditure sides, most departments are right there tracking right along. There's a couple of them that are actually under. Chair Suarez: Almost all. Mr. Alfonso: Almost all. I said most. Chair Suarez: Right. Yeah. Mr. Alfonso: Almost all and most is -- Chair Suarez: Remember, I'm a lawyer so I'm -- Mr. Alfonso: Okay. Chair Suarez: Almost all. Mr. Alfonso: Yes. There's a couple of worries, but they should be resolved in the near future. For example, we keep talking about Code, but the funds are being released, so therefore we should see that reimbursement coming in. The police department has diligently been working to fight the overtime issue, although the personnel challenges there are pressuring that, but we save on regular and we spend on overtime, so that sort of takes care of itself. We are a little concerned about where our fuel costs are going. Fuel prices are continuing to peak a little higher and higher, higher than what we had anticipated, so we're not yet projecting that we're City of Miami Page 89 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 going to be over budget, but that may be an item that we'll have to make some adjustments for in the future. I wanted to -- so I think that's pretty much -- for '11/'12, if you have any specific questions on the reports that we provided -- and we have your projections where, basically, right now I'm still projecting that we'll be about $5.7 million to the good at the end of '11/'12, assuming no unforeseen things come up. I want to make sure that we're all aware that on April 19, there will be a budget workshop -- you're all invited -- so we'll talk about the '12/'13 budget and what are some of the priorities that you would like to discuss for '12/'13. There are some bits of good news as we get towards the '12/'13 budget. We met with the FIPO (Firefighters and Police Officers) pension board. They recognized some changes in the contributions and reduced their request from about 5 million to 3.6 or about a million four reduction in the request that they had. We're meeting with the GESE (General Employees and Sanitation Employees) pension board tomorrow again as a follow-up to a series of meetings that we've been conducting with them. Originally, they had requested an increase of $11.7 million. I think that number right now is down to about 6, and we're still working with them, so that's certainly moving in the right direction. Of course you're all familiar with what happened in Tallahassee in terms of the parking taxes, so that's another million five that we thought we might have to pay that we won't have to pay. Yesterday I was informed of one issue with public service taxes or communication ser [sic] taxes, that there might be a hit there, andl got to call a lady at Tallahassee to find out exactly what's going on. I was told there's a possible $2 million hit, so I got to follow-up on that one, and will report to you as soon as I have definitive answer and something in writing. Commissioner Gort: Fuel tax. Mr. Alfonso: No, communication service tax. Commissioner Gort: No, I understand, but fuel tax. Mr. Alfonso: I'm sorry. The LOGT (Local Option Gas Tax)? Commissioner Gort: Yes. I understand we're able to use in the -- Alice Bravo (Assistant City Manager/Chief of Infrastructure): Yes. The Legislature passed language that clarifies the use of the funds so now they can be used for maintenance of street lighting, et cetera. Mr. Alfonso: Right. Okay, the LOGT As we looked into this coming year, particularly an expanded use of LOGT taxes to the extent that we can use it for services which we currently are providing with general fund dollars, that would make -- clearly alleviate some of the pressure on general fund for some other uses. That's certainly -- that was a good thing as well. Andl think that's about all wanted to report, unless you have any specific questions. Chair Suarez: Thank you. Commissioner Spence -Jones: The only thing that I -- Chair Suarez: Yes. Commissioner Spence -Jones: I'm sorry. Chair Suarez: No, no, no. Go ahead, please. I'm sorry. Commissioner Spence -Jones: I just want to make sure -- I know we -- I'm always talking about, you know, I'm looking for other innovative ways for us to generate revenue, so I'm assuming that you'll -- somebody's working on it. City of Miami Page 90 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Alfonso: On April 19, I think I'll -- I'm -- how can I say this. A lot of people around the state in my position and in positions of administration are all looking for innovative ways and everybody's thinking a lot of the same ideas. I think that I will lay out for you what some of the options that we have are. Commissioner Spence -Jones: Yes, and that's fine. Mr. Alfonso: They may not be as innovative. Commissioner Spence -Jones: Yes. Mr. Alfonso: Somebody may have thought of it before. Commissioner Spence -Jones: That's fine. Mr. Alfonso: But it'll be up to the Commission to give us sort of direction of where we want to go with those. Commissioner Spence -Jones: Because you know the mandate for me is always what? Mr. Alfonso: Protect the employees. Commissioner Spence -Jones: Okay. Mr. Alfonso: Maintain services. Commissioner Spence -Jones: Right. Mr. Alfonso: Okay. Commissioner Spence -Jones: Thank you. Mr. Alfonso: Okay, ma'am. Commissioner Gort: Thank you, sir. Chair Suarez: Thank you. Later... Commissioner Carollo: I'm sor -- Mr. Alfonso: At this point -- Commissioner Carollo: -- I'm sorry. Hold on, hold on. Commissioner Spence -Jones: What is the item, DI? Commissioner Carollo: There's only -- I just want to ask one question. Chair Suarez: It's okay. Commissioner Carollo: Will the audited financial statements be issued on time, and on time meaning by March 31 of this year? City of Miami Page 91 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 DI.1 12-00267 Chair Suarez: He's talking about going back to the last discussion. Mr. Alfonso: Actually, I'm not doing the audit. Chair Suarez: Is the indication that it's going to be on time? Mr. Alfonso: When you say issued the complete report, binded and all that, I'm not sure that it'll be done by the August [sic] 31. Are we going to know what the numbers are by August -- March 31? Commissioner Carollo: I'm -- and what I mean -- Mr. Alfonso: Yes. Commissioner Carollo: -- you know, what mean, the auditors issue their report, that means that yes, they've issued their report and they said that all -- I would expect an unqualified opinion and, you know -- Mr. Alfonso: By March 31, meaning next week, I do not think so. And let me point out something. By the fact that we had to withhold today's item of having an end -of -year budget finally approved because of the changes that we're making to the budget resolution, it is difficult to put together a final audit without having a final end -of -year budget approved. I mean, that's Commissioner Carollo: Well, you know what, let's -- we'll speak about this. And also if the -- through the City Manager, the CFO (Chief Financial Officer) also can see me. Mr. Alfonso: Yes, Commissioner. Commissioner Carollo: I would like to discuss this. Mr. Alfonso: Yes, Commissioner. Commissioner Carollo: Thank you. Mr. Alfonso: Okay. Chair Suarez: You know, and I'm glad that you -- that you're doing that, because, you know, we -- when we procure those services, that was, you know, something that we all talked about and we're very concerned about, and the prior auditor didn't ever do that so -- Commissioner Carollo: Let's just -- yeah, let's meet about that because, you know, the issue date should be by March 31 andl expect it to be issued by March 31. If not, then we need to discuss it and -- Chair Suarez: Thank you. I agree with Commissioner Carollo. Commissioner Carollo: Thank you. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM City of Miami Page 92 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Department of Community Development DISCUSSION REGARDING THE HIV/AIDS PARTNERSHIP COMMITTEE ANNUAL REPORT TO STRESS THE DIFFERENT NEEDS AND STATISTICS THAT EXIST IN THE COMMISSIONERS' VARIOUS DISTRICTS. 12-00267 Summary Form.pdf 12-00267 - 2010 Annual Report.pdf 12-00267-Submittal-HIV AIDS Partnership Committee Annual Report.pdf DISCUSSED Chair Suarez: Okay, we'll proceed then with PH.1. Mr. Mensah, you're recognized. Is the entity here ready to make their presentation? George Mensah (Director, Community Development): Yeah. I was thinking that probably -- George Mensah, director of Community Development -- if we do the presentation first before the Chair Suarez: Okay, that's fine. Priscilla A. Thompson (City Clerk): Chair, if we just -- I want to make sure our record is clear. We -- you announced PH.1 -- Chair Suarez: Right. Ms. Thompson: -- but I think the presentation may be DI.1. Chair Suarez: Yes. Mr. Mensah: Yes. Chair Suarez: That's right. Ms. Thompson: Okay. Chair Suarez: So we'll start with DI.1 and then go to PH 1 -- Ms. Thompson: Thank you. Chair Suarez: -- and PH.2 -- Ms. Thompson: Thank you. Chair Suarez: -- which are time certain. Sir, you're recognized. Ray Louis: Thank you. Good morning, Commissioners. I'm Ray Louis, Client Support Service Supervisor, in the Department of Community Development. I'm also a sitting member of the Miami -Dade County HIV/AIDS (Human Immunodeficiency Virus/Acquiredlmmunodeficiency Syndrome) Partnership Committee and it is in that capacity that I'm here today to present the Committee's 2010 annual report. I'm also accompanied by the staff of Behavioral Science. This is Beth Hayden, senior administrator, and her staff and they're going to be explaining the methodology that was used to garner the data that we're going to present here today. Well, slide one here, Miami -Dade County again has the unfortunate distinction of having the number -one rate of HIV/AIDS infection and the number of residents living with the virus in Florida. In fact, this has been an ongoing trend for the past five years where Miami -Dade has either -- is either City of Miami Page 93 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 the statewide or nationwide leader in rates of the HIV/AIDS infection, the amount of people living with HIV, and a rate of new HIV/AIDS diagnosis. Just to make a telling comparison, as you're looking at 2010, the nationwide ranking, we are -- the average rate is 56.6 per 100,000 residents here. Just to make a comparison, the San Francisco division is only at 35 per 100, 000, where New York City is at 40 per 100, 000, Miami -Dade County stands at 56.6 per 100,000 rate of infection. Again, looking then at the numbers, okay, the one I want to draw attention to is the number one box here where 1 out of every 34 black male in Miami -Dade is living with HIV/AIDS right now, 1 out of 70 white male is living with HIV/AIDS in Miami -Dade County, and 1 out of 92 Hispanic male is living with HIV/AIDS in Miami, okay. Here are the numbers statewide. We have close to about 100,000 Floridians that are living with HIV/AIDS in Florida. Okay, looking down further at this number, 26 percent of that 100,000 are living here in Miami -Dade County, okay, and here's the demographic and the gender breakdown of those living here right now. Now, normally do we have these individuals diagnose with the disease, but the majority of those are also living at the poverty level, okay. Seventh -one percent of people who receive Ryan White support services from Miami -Dade County are living at or below the federal poverty level. People that participate in housing program in the City ofMiami, 92 percent of them are living at or below the poverty level. In fact, most of them are living only on disability income. The problems that we face right now with HIV/AIDS is, number one, a lack of housing. We had a wait list through the City ofMiami since 2009 and we've only been able to call 185 individuals off that wait list. We still have 115 to go. And the reason why is because of the lack of funding that we have to be able to serve all the individuals on the wait list. We recently did a needs assessment in 2011 where we determined that there was a need for 9,000 housing units for people living with HIV/AIDS in Miami -Dade County and, currently, 20 percent of those that are homeless are HIV positive, okay. And here are the breakdowns in Miami -Dade County, specifically looking at the districts in the City ofMiami. Now, to borrow a terminology that Commissioner Spence -Jones likes to use, I would like to drill down into these numbers so I can show you guys specifically where we're getting at with this. Now, because the national report is done per ZIP (Zone Improvement Plan) Code, but because in Miami -Dade we have some of your districts straddle each other where we have one ZIP Code that may belong to more than one Commissioner, Alexis and Bob had to really look at these numbers and try to make a distinction as to how we're going to be looking at these numbers. Now to the very left, 9,754, that's indisputable. Those are the current numbers of people that have been documented with the diagnosis here in Miami -Dade County; 6,209 is the current total within the City ofMiami. Now the way we've done it -- like say, for example, if you look at the ZIP Code 33125, because it straddles three different districts, they've had to look at it and partition it according to where the distinction line is, but in order to get the specific numbers, we would have to go street by street and, again, that's not really feasible at this time so we've made a number to think how we would divide them but, logistically (10: 20: 51), the total number is the total number. As to how they would be divided between different districts, you know, that could be disputed, but this is the closest that we can come to these numbers. Now, believe it or not, after giving all that statistics, the actual number is under reported, and the reason why is, number one, if an individual goes to a private physician or goes to a physician through their job, that's not reported through the national boards. They don't have to report it. If the individual does it anonymously, that does not get reported to the national board. And if an individual is currently taking medication where their viral load is what's known as undetectable, which means that they've built up their immune system to the point where the disease is not detectable in the system, it doesn't mean they don't have it anymore; it just means it's undetectable. That doesn't get reported, okay. And, again, people that came from out of town that received treatment here, that also does not get reported. So although you're seeing this data of over 100,000 and maybe 25,000 in Miami -Dade County, that number, we feel, could be much higher if we're able to have those datas [sic]. Now just to give you an idea of what the support services are for the people that are affected with the disease here in Miami -Dade County. Number one, there's a support service program, which is the Ryan White Comprehensive AIDS Resource Emergency Act, and they serve -- currently, it's the biggest program in the country that serves people directly diagnosed with the disease, and they serve over half a million people nationwide. Locally, they serve about 9,600 individuals in City ofMiami Page 94 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Miami -Dade County. Now some of the services that the Ryan White provides, they provide outpatient medical care, prescription drugs, medical case management, old health care, and so on, okay, and these are what we call wrap -around services. Now, as you can see, one of the services that they don't provide is housing, and that's where we come in here at the City of Miami, okay. And as we like to say at the City, and we believe this, that housing is health care. If individuals have a roof over their heads, they're more likely to take better care of themselves, especially those that are diagnosed with this disease, okay. Now, the HOPWA (Housing Opportunities for Persons Living with AIDS) program, okay, per federal mandate, is obligated to administer the HOPWA program, and this is a federal mandate which states that if -- the metropolitan statistical area that has the highest rate of AIDS is the one responsible to run the program, and I'm -- as I'm going to show you here, we here at the City ofMiami have the highest rate of HIV/AIDS in the metropolitan statistical area. If you look at the map, the salmon area and the blue area represent the 33142, 33147, the 33138, and the 33135 area [sic] code where the focal point of the disease is, okay. And as I mentioned before, we know that the bulk of the individuals living in those communities tend to be low income, and that's why the City administers the program. We're awarded -- we've been awarded $12.1 million for the upcoming fiscal year, to begin April 1. Of that 12.1 million, we specifically do long-term rental assistance program. We work -- such as a voucher program where we provide rental assistance to people living in scattered areas, okay. Now, to look at those numbers to see specifically of the 1,028 individual -- households that are being served through the HOPWA program, how many of them are currently living within the City districts, okay. Now I made this point, the left column, to show households because I think we need to understand that we're not looking at individuals here; we're looking at households 'cause many of these people that are diagnosed with the disease have family members and extended families that either live with them or depend on them. So when we look at those numbers, 62 for Commissioner Gort's district, but really, in reality, there are 80 individuals that are relying on this service. And the very right column, it should show the average income of these individuals with the disease, okay. And as I mentioned earlier, 92 to 95 percent of these people, their sole source of income is disability, which average about $678 a month, okay. What type of service does the HOPWA program provide? Well, we provide -- number one service is long-term rental assistance, which works like a Section 8 program, where we do direct rental payment. The individual goes to look for a unit and we provide an inspection and provide assistance at that unit. We provide operating support to what's called "Project Based Housing" where we actually have a unit and the client goes to live at that unit and receive the assistance through that unit. Now the majority of those clients, what they do is they only pay 30 percent of their gross income, which, on average, since they make about 678 a month, they pay about 150 on average towards their rent and the City pays the rest. We are -- beginning April 1, we are going to launch our STRMU program, which stands for Short Term Rental Mortgage and Utility assistance, okay. This is to provide assistance to those at -large in the community that aren't currently in the program but are -- that are infected with the disease and that are in need. So it's sort of like emergency help for people that are currently going through some issues, either they've been hospitalized, lost their job temporarily and need assistance to get over that gap or they need some bridge funding to be able to continue to reside in their unit, so we're going to try to feature that program. And we also contract with community -based organizations. In fact, we have currently five of those organizations under contract and they have a total of about 40 individuals working directly with our clients. Now the next slide I have is something that we, as a community, should take great pride in, okay. In 2011 we performed a consumer survey report where we sent out surveys to all 1,028 individuals that are currently -- or households that are currently receiving assistance from the City ofMiami. Now, of those, 600 households responded to the survey, which is almost unprecedented that you would have that high of a number of individuals responding to a consumer survey. Now, of those 600 -- I'm providing here -- the first slide is to show you the length of time that they are in the program. HUD (Department of Housing and Urban Development) 98 have been in the program for close to 12 years, between 7 and 12 years; 132 between 4 to 6 six years; 150 between 0 and 3 years. So this is a long-term program. We have individuals that have been with us for at least 20 years or more. Now, responding to that survey, of those 600 responses that we have, 83 percent, City ofMiami Page 95 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 DI.2 12-00146 Department of Public Facilities 498 of them, are highly satisfied with the services that they're getting from the HOPWA program, okay; 12 percent, 72, were satisfied; and we have 30, or 5 percent, that were either moderately satisfied or not satisfied with the program, okay. Now, of the five agencies that are providing this service, this is how they were rated. Three agencies received the rating of 95 percent satisfaction from our clients on average, all right. This is something I think we as a community and we as the City ofMiami can hang our hat on and be very proud of to see the kind of services that we're providing here through our community. Now the conclusion, there's only two really and the first is awareness, awareness of the epidemic and how it's impacting our constituents here in the City ofMiami. And number two is to solicit a greater amount of support. We just -- we have -- the need is much greater than the amount of money that we have to really provide the services that we can in the City ofMiami, okay. At this time I'd like to call Beth Hayden to come up and present the methodology of how we garnered some of the data from the City. Elizabeth Hayden: Good morning. The epidemiological data that was presented to you comes from the centers for di -- Commissioner Gort: Name and address. Chair Suarez: Your name and address for the record, please, ma'am. Ms. Hayden: I beg your pardon. Elizabeth Hayden, H-A-Y-D-E-N. The epidemiological data that was presented comes from the Center for Disease Controls [sic] and from the Florida Department of Health HIV/AIDS Surveillance program. As Ray pointed out, there's a very new study from CDC (Center for Disease Control) that just came out yesterday, and Miami, for HIV infection, has a rate of 56.6 per 100, 000, which is the highest in the nation. Our AIDS cases have slightly dropped, but our HIV is climbing, and that's a very significant factor for us. As he also pointed out, the HOPWA dollars only can be awarded to a state or to an eligible city on behalf of the statistical metropolitan area, so City ofMiami is the grantee for the HOPWA dollars for this area. When we worked with the County to apply for its grant every year, there's a large section of the grant application which addresses maintenance of effort, meaning that we retain funding and maximize the funding that we have available in our local community. So HOPWA dollars are not only important just for the housing service that it provides to our HIV/AIDS community, but it also is part of our maintenance of effort that we have to provide to the federal government in order to protect the Ryan White PartA andMAI (Minority AIDS Initiative) dollars which are -- we had a $200, 000 reduction this year, which puts us around 24 million, but you know, every reduction hurts. Chair Suarez: Thank you. Thank you. Thank you for your presentation. DISCUSSION ITEM DISCUSSION REGARDING A REPORT DETAILING THE COMMITMENTS AGREED TO BY FLAGSTONE ISLAND GARDENS AND THEIR RESPECTIVE STATUS COMPLETION. 12-00146 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DI.3 DISCUSSION ITEM City ofMiami Page 96 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 12-00147 Department of Public Facilities DISCUSSION REGARDING A REPORT DETAILING THE STATUS OF FUNDING FOR THE FLAGSTONE ISLAND GARDENS PROJECT. 12-00147 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DI.4 12-00248 City Manager's Office DISCUSSION ITEM DISCUSSION REGARDING A DETAILED REPORT OUTLINING ALL THE STEPS IN THE REDISTRICTING PROCESS. 12-00248 Summary Form.pdf 12-00248 Memo - Redistricting.pdf DISCUSSED Chair Suarez: We're now going to go to a time certain discussion on redistricting, which was set for 11 a.m. Priscilla A. Thompson (City Clerk): That would be item DI4. Commissioner Gort: By the way -- excuse me. My understanding, George, you're going to make the same -- bring the people to do the same thing with the census bureau? Sorry. Chair Suarez: Madam Clerk, it's DI4. The Administration is recognized on DI.4. Commissioner Spence -Jones: I didn't know it was a time certain. I did have some -- Commissioner Carollo: Yeah, I didn't know about time certain. Commissioner Spence -Jones: Yeah. Can -- is -- Chair Suarez: No. We have the representatives here. Commissioner Spence -Jones: They're here? Chair Suarez: Yeah, they're right there. Commissioner Carollo: They're here. Chair Suarez: Yeah. They actually asked for a time certain -- Johnny Martinez (City Manager): Yes. Commissioner Spence -Jones: Oh, I didn't -- Chair Suarez: -- andl granted it to them because -- so they wouldn't have to be here -- Commissioner Spence -Jones: No, I'm fine. I just didn't know about it. City of Miami Page 97 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Okay. Commissioner Spence -Jones: I had -- Mr. Martinez: Mr. Chair. Chair Suarez: They asked for a time certain andl granted it to them. Mr. Martinez: During the -- Chair Suarez: Yes, please. You're recognized for the record. Mr. Martinez: -- February 9 Commission meeting, Mr. De Grandy gave a presentation regarding redistricting to the Commission, and he made a lot of comments about the law -- complying with the law and avoiding potential lawsuits regarding malappropriation and going above and the acceptable deviations and, as such, Commissioner Spence -Jones directed the Administration to return with a recommendation. And we've analyzed the issues, and we're in the process of -- we believe in the expertise of Mr. De Grandy, and we're in the process of finalizing a contract with him to take on the task of analyzing the redistricting to avoid potential lawsuits. And I've attached a memo, an interoffice memorandum, to all the Commissioners. And Mr. De Grandy's here to answer any questions that you may have. Commissioner Gort: Did you get a memo? Chair Suarez: Yes, I did. It's in the backup. Commissioner Carollo: What's --? Chair Suarez: DI 4. Yeah. Commissioner Carollo: DI (Discussion Item) -- Chair Suarez: DI 4, yeah. Thank you for that. Is there any question from anyone from the Commission? Commissioner Spence -Jones: I just was -- I didn't know if there was going to be a actual presentation. Chair Suarez: Are you making another presentation or just here to answer questions? Miguel De Grandy: Mr. Chairman, Commissioners, good morning. For the record, Miguel De Grandy, 800 Douglas Road. I did not prepare a presentation, but I'm happy to answer any questions you may have. Chair Suarez: Thank you. I don't have any questions. Commissioner Spence -Jones: I guess we just need to get busy. Chair Suarez: Yep, get to work. Mr. De Grandy: Yes, ma'am. Chair Suarez: Thank you. City of Miami Page 98 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. De Grandy: Thank you. Commissioner Gort: Do we know how much this is going to cost us? Commissioner Spence -Jones: Cost. Mr. Martinez: We're in the process of finalizing the contract for Mr. De Grandy to take on the task of redistricting to do it in time so we can avoid the potential lawsuit and the -- for Commissioners to have time to campaign in their new areas. Chair Suarez: Thank you. Commissioner Gort. Commissioner Gort: What is requested of us today? Commissioner Carollo: Right. Chair Suarez: Is there anything requested from us? Commissioner Gort: What is requested of us today? Commissioner Spence -Jones: I guess what -- he's asking -- Commissioner Gort: What is requesting (UNINTELLIGIBLE)? Commissioner Spence -Jones: -- what is being requested today? Commissioner Carollo: A discussion. Mr. Martinez: (UNINTET,TIGIBT,F) asking Administration to come back (UNINTELLIGIBLE). Commissioner Spence -Jones: Yeah. I think that one -- hopefully everybody's been briefed on this overall issue. We just want to make sure that we stay in compliance for whatever reason. We don't want to have -- we can't afford to have any more lawsuits or anything. So I guess it's just to make sure that we have transparency on starting the process. I'm assuming you're going to get back with us and brief us on when we need to start the meetings or how that process works. I'm assuming, Mr. Miguel -- Mr. De Grandy: Yes. Commissioner Spence -Jones: Okay. You'll kind of tell us how -- what would be the next step after this, after all the agreements are put in place? Do we meet with you individually? How does that work? I'm just curious. Chair Suarez: You're recognized, sir. Commissioner Spence -Jones: This will be my first time participating in something like this. Mr. De Grandy: Mr. Chairman -- Chair Suarez: Yes. Mr. De Grandy: -- may I respond? Chair Suarez: Yes, please. City of Miami Page 99 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. De Grandy: What I envision very close to how we ran the process the last decade, the next step is we will prepare a detailed presentation to make before you in a public hearing so that both you and your constituents are aware of the legal requirements that we will have to utilize in crafting a redistricting plan. I would then meet with each of you individually to gain some knowledge from you about issues that are important to your district, communities of interest, traditional neighborhoods, et cetera. That process would then culminate in an additional workshop with the Commission in which we would be seeking from you, as a body, to adopt a resolution providing for redistricting standards. In the last redistricting process, that's how we did it. We obtained policy direction from you. Some of the standards, for example, that could be utilized is maintaining the core of existing districts to avoid voter confusion and disruption, maintaining traditional communities of interest whole whenever possible, maintaining communities of interest whole using natural or manmade geographic boundaries in a logical manner, maintaining precincts whole wherever possible. Those are the type of standards that we will be looking for guidance from you once we then have that in the form of a resolution. Those are our marching orders from you as to what will use to craft the plan. At the last -- in the last redistricting, we also had three public hearings in the community to obtain input from your citizens. It is up to you to direct us as to whether to conduct public hearings, how many public hearings. The last time we had one in the north, central, and south part of the City; whether you want to do it by district or do it in that manner, I will follow your policy direction in that regard. And once we have gathered all the community input, which was -- of course, we shared with you -- once we have gathered your input and have your policy directive, that's when we start getting to the numbers crunching and the nitty-gritty of drawing plans. Ultimately, the process will culminate in a report from us, as we did the last time, a written report that explains the rational basis for each movement in lines, the need from a legal perspective for each of the movements and lines; if the plan has a deviation, that deviation needs to be explained based on a rational policy or local policy and basis. There are -- as part of the process, what we will seek input from you, there are three districts now that are within acceptable limits andl will need policy direction from you as to whether to impact those districts or not. I may have to look at, you know, basically tailoring borders, but in my opinion, you have three districts that currently comply. I think there's two districts that need to be addressed and rectified and come within deviation parameters. Some of the things that we will do also, so that you know, in terms of background is we will be meeting with your Planning Department, for example, to try to look at what development activity is going to be in each district, residential development activity, to try to forecast where the growth would be and try to then equalize or account for that in the plan which would mean, for example, we might under populate a district at the beginning of the decade, understanding that that district will grow to, you know, certain parameters. So that's, you know, all of what we will be doing. I think in the first presentation that we deal with you, once we have been formally engaged, I will give you more detail as to actual calendar timing of those events. My plan is to try to complete the process by the end of this year so that you have something that you can debate, that hopefully you can adopt. As I mentioned to the Manager, I will bring my plan based on what I believe incorporates your policy input and what I believe is required by law. It is up to you then, as the policymakers, to decide on that plan. You may want changes to that plan. I will work with you, if that is the case, until we have a fully compliant and adopted plan. Chair Suarez: Thank you. And thank you very much. I believe your plan at the House level was the one that was approved by the courts and the competing plan was not in the Senate. The Senate plan was not, but they did the House plan. Mr. De Grandy: Yes, sir. I was very proud of our legal team. I've worked with the House the last two decades. We went to the Supreme Court two weeks ago and it was truly challenging because the Supreme Court had never actually interpreted the new amendment, and so we had to interpret it as we felt the Court would interpret it, and we had a unanimous approval from the state supreme court in a 243 page opinion. Unfortunately, the Senate plan was not adopted by the -- or it was not ratified by the Supreme Court. They're in the process of redrawing that plan. City of Miami Page 100 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner, you're recognized. Commissioner Carollo: Thankyou. Something that Commissioner Gort, I think, asked andl think it's very important: As far as costs, what would that cost be. Where would it, you know -- where will we -- yeah. What are the fees? How are we going to pay for them? In other words, from what account. I know you have a special account, Mr. Manager, but I just want to verf. And then the other thing -- and definitely don't have anything against Mr. De Grandy. I've known him for many years. I'll probably ask you a question later on as far as Little Havana for the house districts being cut up in three pieces, but that's for another day. But anyways, with regards to -- I just want the procedures. Do we need any procurement or --? I just want to be transparent in this whole process. Mr. Martinez: I believe that I can contract directly with Mr. De Grandy. He's a specialty -- his specialty consultant in this area. I think his fee is $100, 000 for this effort and $50, 000 for a sub -consultant, which is a separate contract, Mr. Cody, which will provide other expertise to this effort. Mr. De Grandy: And ifI may, Mr. Chairman. That is the same fee that we contracted for ten years ago, so there has been no increase. Chair Suarez: Thank you. Any further questions? Thank you, sir. Mr. De Grandy: Thank you. Commissioner Gort: Ten years ago, the economy was a lot better. Chair Suarez: Yeah. Commissioner Spence -Jones: Thankyou. Chair Suarez: Thank you. DI.5 DISCUSSION ITEM 12-00077 DISCUSSION CONCERNING THE CITYATTORNEY'S PREPARATION OF VARIOUS RESOLUTIONS FOR CHARTER AMENDMENTS THAT CHANGE THE DATES OF THE CITY OF MIAMI'S ELECTIONS TO COINCIDE WITH COUNTYWIDE ELECTIONS. 12-00077 Summary Form.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, 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.5 was deferred to the Commission Meeting scheduled for April 12, 2012. Chair Suarez: PZ.4. City of Miami Page 101 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Spence -Jones: Did we do all the DI (Discussion Item) -- DI [sic] items? Chair Suarez: Oh, no. I think we have one. I'm sorry. DI 5, I skipped it. Commissioner Spence -Jones: Did we -- so we're not doing DI.1, though, right? Chair Suarez: DI 1 -- Commissioner Spence -Jones: We can cross that off? Chair Suarez: -- we did. Commissioner Spence -Jones: I know we did it earlier, but we did it as a separate presentation. They weren't doing them together. Chair Suarez: Right. Commissioner Spence -Jones: So we're just crossing it out? Chair Suarez: That's right, yeah. Commissioner Spence -Jones: Okay. Chair Suarez: Yeah, we're good with that. DI S. Vice Chair Sarnoff. Who's the DI 5 presenter? Chair Suarez: Is this the Clerk? Madam Clerk, is this you? Priscilla A. Thompson (City Clerk): No. I'm sorry. On DI 5, that is actually the City Attorney. They're going to review the language that they have developed for you to take a look at possibly with the -- piggybacking of the election with Miami -Dade County. Commissioner Spence -Jones: Elections. Vice Chair Sarnoff. Budgeting. Stepping up for the City Attorney. Commissioner Gort: DI S. Daniel Alfonso (Director, Strategic Planning, Budgeting and Performance): Okay. Sorry, 'cause I was having to carry a different conversation. Are we talking about the elections items? Commissioner Spence -Jones: Yes. Mr. Alfonso: And we have now in front of us some questions that have to be looked at. We have to decide what do I do? Do we want to give the City Attorney the direction to come back to this Commission with the language to place a question to the voters, whether we want to have elections for City officials on even -number years and are those elections to occur either on August with runoffs in November or in November with runoffs in November or do we have elections with plurality vote and no run offs. Those are, I think, the three options that have been given and we're looking -- sorry. Commissioner Gort: Did we state in the record the benefits of the changes and why we're looking at the changes? City of Miami Page 102 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Alfonso: Yes, absolutely. The benefit is purely a financial benefit, and I'm saying that because I want to make it clear that our analysis has been purely on a financial basis and l'm not taking anything else into consideration. The -- moving the election so that it occurs on a cycle that is the same as the County's election cycle, whether it's the municipal -- I'm sorry, the County election or the state federal election -- means that instead of us having an election on our own where we bear the full cost of the personnel and the equipment and the overhead for the Elections Department, we would be piggybacking on an election that the County's already holding. Therefore, the cost for having an election goes from any individual elections -- for example, the citywide election could cost us $900, 000. If we opt to piggyback on a County election and have our own, it'll only cost us $98, 000 so that is significant savings to the City any time that you have a citywide election. If you're only doing some districts, the cost savings is less but still significant, you know, the difference between a 200 or $300, 000 election versus a 20 to $30, 000 election if you have those elections where you piggyback on a countywide election because you're not longer -- you're no longer bearing the cost of the personnel and the precincts and all those things; the County pays that out of their general fund budget, which the City residents pay as well. So the benefits of piggybacking is, in effect, a much lower cost for the election. The maximum savings, absolute maximum savings is achieved if you have your election in August and if there's a needfor a runoff, you do it in November. If there is no needfor a runoff, then the runoff doesn't cost you anything even if you had it -- if you were to say, well, we don't want to wait that long, so we either have them in November where there's higher participation, et cetera, and if there's a need for a runoff, you have it later in November. Well, the runoff may cost you more because you're going to do it on your own at that point, okay. Vice Chair Sarnoff. Well, is the savings -- correct me if I'm wrong, the savings is the most if you just do plurality vote 'cause you'll never have a runoff, right? Mr. Alfonso: Correct. Vice Chair Sarnoff. All right. And then the question then becomes would you do your plurality vote in August or November? Mr. Alfonso: Correct. Vice Chair Sarnoff. That's your number one cost -savings measure? Mr. Alfonso: Yes. Vice Chair Sarnoff. Then your next best cost -saving -- Mr. Alfonso: The next cost savings would be August/November runoff. Vice Chair Sarnoff. Without a plurality, with the runoff in November? Mr. Alfonso: Correct. Commissioner Spence -Jones: And what's the amount, the comparison? Mr. Alfonso: You're talking -from worst -case scenario, an election could cost you a million five with two citywide elections with a full runoff. You know, let's say you have a mayoral election in 2013, it's a citywide, you have it on your own, and then you have to do a full citywide runoff that could cost you as much as a million five. If you were to move that to a year where you're piggybacking on the County, it would only -- it will cost you just short of 200, 000, so it's a million three difference. Now, if there is no needfor a runoff then about, you know, 600, 000, 700, 000, that savings goes away 'cause you didn't have the expense in the first place. City of Miami Page 103 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Spence -Jones: But -- and l just want to quick-- 'cause you showed two different examples andl think we want -- I'd like to know the different amounts. You said -- so if we kept it the way it is, it's one -- Madam City Clerk, you -- I see you squirming over there. Mr. Alfonso: Yes. Ms. Thompson: No, no. I was just getting comfortable. Commissioner Spence -Jones: No, but -- Mr. Alfonso: She's got to numbers right in front of her face, so this is -- Commissioner Spence -Jones: This is what you do every single day so you know. Ms. Thompson: If we had the status quo -- when we went around and we talked to you, we gave you three options. The status quo is if we do what we currently do, okay. That'll be your general election in November with your runoff two weeks later. If we had to pay everything ourselves, stand-alone, we're talking about $1.5 million, okay. Commissioner Carollo: And Madam City Clerk, that's assuming that there's a runoff? Ms. Thompson: That's correct. Mr. Alfonso: Yes, worst -case scenario. Ms. Thompson: That's correct. Commissioner Carollo: Right. Ms. Thompson: That's correct. Okay. All right, so general election with your runoff one point five mil -- little bit more than one point five, but we'll round it off. Mr. Alfonso: Thank you. Ms. Thompson: If we have our -- you want me go to option two -- Commissioner Spence -Jones: Yes. Ms. Thompson: -- the numbers? Commissioner Spence -Jones: Option two. Ms. Thompson: Okay. Option two, as Mr. Alfonso said, if we were to piggyback with the County August and November -- so we have what we call our general election August and the runoff in November -- then we're talking about a total cost for both of the elections of $196, 000. Vice Chair Sarnoff. How much? Mr. Alfonso: Short of 200. Vice Chair Sarnoff. How much? Ms. Thompson: Okay. One -- well, $196, 000. Commissioner Spence -Jones: That's option two? City of Miami Page 104 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Ms. Thompson: Yes, option two. Vice Chair Sarnoff. That's the cost, right? Ms. Thompson: Yes. Mr. Alfonso: That's the cost. Vice Chair Sarnoff. That's the cost. So the savings is just under -- Mr. Alfonso: One point three. Vice Chair Sarnoff. Right. Ms. Thompson: Okay. Now, if you go with option three -- Commissioner Carollo: And -- I'm sorry, Madam City Clerk -- in option 2, the 196, is that including the runoff? Ms. Thompson: Yes, it is. Commissioner Carollo: Okay. Ms. Thompson: Do you want --? And what happens there, it's actually approximately $98,000 for each contest because that's how much the County's going to charge us for the general -- Commissioner Carollo: Right. Ms. Thompson: -- and for the runoff. That's where you get the 196. Then in option 3, wherein the City would piggyback on the County's November election and then have its own runoff in November, we're talking about a total cost of $694,000, almost $695,000. If there were no plurality, okay, and you just wanted to go ahead and piggyback on the November election for the County, okay, $98, 000. Mr. Alfonso: Thank you, Madam Clerk. Commissioner Spence -Jones: So -- Ms. Thompson: You're welcome. Commissioner Carollo: Real quick, but that's different than the different drafts that we have before us. Commissioner Spence -Jones: No. It's the same thing. Ms. Thompson: No. Commissioner Carollo: I believe so. Ms. Thompson: You're talking about the language. You have the language before you. Commissioner Carollo: Yeah. I got three: draft A, draft B, draft C. Mr. Alfonso: Yes. Commissioner, I believe that they're independent of each other. In other City of Miami Page 105 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 words, you could choose any of the two options and choose plurality or not choose plurality. Commissioner Carollo: Right. But I don't think -- other than -- I think the plurality one that you have here in one of the drafts -- and I'm not sure. I think it's draft C -- is an August election with plurality. Mr. Alfonso: It doesn't matter when you have the election with plurality. I think plurality stands on its own. Chair Suarez: Let -- Commissioner Carollo: As long as one of the dates that there's another election. Ms. Thompson: As long as it's piggybacking on -- Mr. Alfonso: Right. Ms. Thompson: -- the Dade County -- Commissioner Carollo: Right. Ms. Thompson: -- election, be it August or November -- Vice Chair Sarnoff. It's the same. Ms. Thompson: -- it's the 98,000. Chair Suarez: Can we take a step back and just explain what plurality means? I think -- that mean -- I think what you're trying to say is the majority. There has to be a majority vote to elect a person. Ms. Thompson: That's correct. Chair Suarez: So I just want to be clear on that. And so if there's no need for a majority, then there's only one election because the highest vote getter wins, so I just want it to be clear and make sure everybody's on the same page with that. Mr. Alfonso: Correct. Vice Chair Sarnoff. It's the way Coral Gables does it. It's the way -- what are some of the other -- Miami Beach. Mr. Alfonso: I don't remember the names -- Chair Suarez: I think just Coral Gables. Mr. Alfonso: -- but there's a couple of municipalities I believe that do it. Chair Suarez: I think the only one that does it, that I'm aware of is Coral Gables, you know, so. Commissioner Gort: Mr. Manager [sic]. Chair Suarez: Yes. Commissioner Gort: I mean -- my understanding is if you have the elections in August and the City of Miami Page 106 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 runoff in November, just like the County, you still have the same saving? Ms. Thompson: That's right. If you -- Commissioner Gort: Okay. Ms. Thompson: That's correct, you sure would. Commissioner Gort: That's the other alternative. Commissioner Spence -Jones: All right. Can I --? Chair Suarez: Yes, go ahead. You're recognized. Commissioner Spence -Jones: Again, I believe we originally talked about this because we're trying to figure out as many cost savings that we could find in order to help us reduce on some of our debts, but think also one of the -- I know you mentioned that that was the number -one issue, but I think that one of the other things that came out of it is that we'd have a greater attendance of people showing up to vote as well because now we're in sync with all the other elections, correct? I just want to make sure. Right? Mr. Alfonso: The data shows that whenever you have an election that is at the same time as either a federal, state or countywide election, you have a higher turnout. Commissioner Spence -Jones: So we'll just get greater participation at the polls. Commissioner Carollo: Right. Commissioner Spence -Jones: I don't -- on my end, I just want to say that ifI was looking at all three options -- andl don't know if this is about a vote right now. I think it's really more about giving the City Attorney instructions -- I would say -- what -- I would will most comfortable with number two because it's somewhere in the middle, but we also saved a lot of money from it, which I know we need. I guess my only question would be, one of the changes that will take place is that we all would get an additional year, correct? Chair Suarez: Yeah. Yes. That's what I'm -- that's my understanding -- Commissioner Spence -Jones: Okay. Chair Suarez: -- of what the change would -- Commissioner Spence -Jones: Because we -- this would have to effectively start as of when, Madam City Clerk? Ms. Thompson: I'm sorry. I was listening -- Commissioner Spence -Jones: I'm sorry. Ms. Thompson: -- with the other ear. Commissioner Spence -Jones: When would this effect -- because it wouldn't be this year. It would have to effectively start, what, next year? Ms. Thompson: Right. It -- the even years, so that would be 2014. City of Miami Page 107 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Spence -Jones: Oh. That's when -- Ms. Thompson: Yes. If you -- Commissioner Spence -Jones: Okay, so the savings we wouldn't see until -- Chair Suarez: 2014. Mr. Alfonso: Right. Commissioner Carollo: '13. Mr. Alfonso: Right. Commissioner Spence -Jones: '13? Ms. Thompson: Yes. Commissioner Spence -Jones: We'd see the savings in '13? Chair Suarez: Go ahead. Yes, because we wouldn't have the election in '13 so we'll see a savings in '13. Yes, Mr. -- Mr. Alfonso: The election is -- Chair Suarez: -- Alfonso. Mr. Alfonso: -- scheduled for November of 2013, which is a '13/'14 fiscal year. Vice Chair Sarnofff. Oh. Mr. Alfonso: So it actually -- the first impact would be in the '13/'14 fiscal year. Chair Suarez: And there'd be another impact in the next one because we'll be piggybacking so we'll be -- Mr. Alfonso: Correct. Chair Suarez: -- saving money on that. Mr. Alfonso: There would be basically -- Chair Suarez: A recurring. Mr. Alfonso: -- one election that would actually never occur. You would push all the elections forward one year. Commissioner Carollo: And in all fairness, I've heard of various people that have issues with that because, in essence, we'd be giving all Commissioners and the Mayor an additional year. Mr. Alfonso: Every elected official in the City would be extended one year in their term. Commissioner Carollo: Now let me ask a question. Most municipalities, it appears like they have elections different than the statewide elections or national elections. Is that correct? City of Miami Page 108 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Alfonso: I think some municipalities have different elections but -- Commissioner Carollo: I think a large majority. Ms. Thompson: Yes, for the most part, they do. Andl can say that because when we go in November, they call us the big five. We used to be the big five; now we're the big four: Miami, Hialeah, Miami Beach and Opa Locka, okay. So we used to have Homestead as well. And I'm sorry; it is Homestead. Opa Locka opted out to go on the schedule. So the majority of the remaining municipalities do have their own, but they're much smaller, so their cost -- the cost of their elections are much, much cheaper than the City ofMiami because their population, their precincts, their polling, their operational cost. It's almost -- Commissioner Carollo: What about Hialeah? Ms. Thompson: Hialeah is all -- we -- Commissioner Carollo: We're part of the big -- Ms. Thompson: Correct. Mr. Alfonso: Yeah. Commissioner Carollo: Yeah. Ms. Thompson: We piggyback in November; that's how we save money. And then if we have to have a stand-alone, we're on our own. Mr. Alfonso: I want to point out. I think Miami Lakes just recently voted to go on the cycle with the County as well. Commissioner Carollo: On the cycle with the County. But on -- with the County, which is in August or September. One of the things that -- and I've started looking at this a little bit. I haven't had much time, but I started looking at this. Is that it appears that the reason why local municipalities have their elections separate from the national or the state date of election is because national elections, state elections are partisan, where local elections, municipalities, counties, have -- are nonpartisan and it's more of a local -- you know, local issues. It seems like on the state and national level, there's a lot of are you Republican? Are you Democrat? Where do you stand on this? Where do you stand on that? And realistically, there are issues that, although extremely important, don't really -- it's not a focus of local government and local government has its own issues so that's what I have seen, a lot of these municipalities do not, you know, have their elections at the same time as the state or national level. In other words, the big November date -- Commissioner Spence -Jones: Right. Let -- I trust in, you know -- I'm assuming this -- how long you've been doing this, Priscilla? Ms. Thompson: Since 2002. Commissioner Spence -Jones: Okay. And how long you've been making this recommendation? Ms. Thompson: Oh, this particular one, that we go to the even year? First of all, let me say, it's not Priscilla's recommendation. Commissioner Spence -Jones: Oh, I know. It's -- I understand. City ofMiami Page 109 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Ms. Thompson: No, no. I'm just sharing. As your municipal clerk and your -- no -- elections -- your local elections supervisor, we were asked to meet with the Miami -Dade County Supervisor of Election [sic]. It was, if I'm not mistaken, Commissioner Sosa, Rebecca Sosa, who brought the idea at a County Commission meeting and asked that the Supervisor of Elections poll all of the municipalities. From that point, that might have been 2003I think, 2004, we've been trying to get people on board. I pitched the idea, okay, the last three budget cycles simply because of the costs. Financially, it -- you asked department directors how can we save money. Of course, the City Clerk is going to tell you, this is what we can save, okay. So that's why I've been saying this because you asked for ideas to save money and this is one of them. And this is a perpetual savings, right, Danny? It's not a one-time. Mr. Alfonso: Right, that is correct. So every two years when you have an election cycle, you would assume the lower cost. Commissioner Spence -Jones: Andl think that that's been -- I mean, I don't think we have to have an answer today. I mean, I think that part of what the City Attorney's looking at, is for us to at least give her recommendations and then come back to us to let us know what, you know, the necessary steps are. Now, do -- I did hear Commissioner Carollo's concern about, you know, the additional year. Maybe, perhaps, we -- it's -- you know, it's something we take up after us, you know. Maybe we're talking about more of a forward -thinking Commission that is considerate of those that come after us from a savings standpoint, so -- meaning, instead of it being 2000 -- you know, keep things the same, you know, but yet and still, anybody that's coming after us, you know, that -- Chair Suarez: We can push it out. Commissioner Spence -Jones: Huh? Chair Suarez: Yeah, you can push it out. Commissioner Spence -Jones: Yeah. So it's just a suggestion. But would like to see at least the City Attorney come back with, you know, at least some options. This is us taking responsibility to say, hey, look, we're almost saving like $800, 000. I know a million and one places that we can put $800, 000. Vice Chair Sarnofff. But isn't the best way to do this -- here's slice one. Who here supports plurality voting? Consensus. Anybody here support it? I do. Plurality voting. And by the way, Aventura, Biscayne Park, Coral Gables -- Chair Suarez: Meaning, there's no need -- Vice Chair Sarnofff. -- Golden Beach. Chair Suarez: -- for a majority. Vice Chair Sarnofff. Right, no need for a majority. Chair Suarez: Right. Vice Chair Sarnofff. Whoever wins the most votes wins. Commissioner Carollo: Here's the thing, Commissioner Sarnoff. I could possibly support it. I'm not ready to make that decision yet. But I could -- Vice Chair Sarnofff. Okay. City of Miami Page 110 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: -- possibly support it. Vice Chair Sarnoff Okay. Commissioner Carollo: Where I think -- where I do believe that it changes quite a bit is when we have an election on a November date that we are also having a big state election, in other words, a governor's race or, let's say, the president's race because that -- it becomes so partisan that even if you're walking door to door and you're speaking about the local issue, believe me, Republican, Democrat, they talk about issues that does not deal with the picking up of garbage, the crime in -- Commissioner Spence -Jones: But -- Commissioner Carollo: -- your imme -- you -- and that's where -- Commissioner Spence -Jones: -- I understand, but that's not happening right now. Like the cities that have come on board with the County that are nonpartisan races, that's not even like a issue that's coming up. I'm just telling you. So -- but that's neither here nor there. I think that your concern, if I'm hearing it well, is, you know, the extra -- 'cause I know you can't say you have a problem with us saving money, not you. Correct? Commissioner Carollo: I remember when -- okay, yeah -- no. Let's go there. I mean, like I say, I always welcome discussion -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- since my whole tenure here andl think it's very healthy. I really do. I remember when Mr. Miguel De Grandy came here, not today. It was about a month ago that he first addressed the Commission and he discussed about costs with regards to redistricting and he said how can you put a price on our civil rights. Commissioner Spence -Jones: Yeah, yeah. Commissioner Carollo: You understand what I'm saying? Commissioner Spence -Jones: Um-hm. Commissioner Carollo: So this is one where, yes, I understand what you're saying, but at the same time, you know, how do you put a price on our voting system, our -- you understand -- most sacred, you know, value that we have? So that's where -- yes, even though I'm consistently fiscally responsible -- and I'm not saying that I'm leaning one way or another. I just -- you know, I'm bringing up issues that we need to discuss. The extra year, I'm telling you, I know for a fact there are -- I have residents that have come to me and they have issues, you know, as far as -- Vice Chair Sarnoff Well -- Commissioner Carollo: -- the extra year. Vice Chair Sarnoff -- but we're not making a decision. We're putting -- Commissioner Spence -Jones: No. Vice Chair Sarnoff -- it out to the voters. City of Miami Page 111 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Gort: Yeah. That's yeah. Vice Chair Sarnofff. So -- I mean, if we're going to get off the dime, so to speak, we're going to have to make a decision, plurality matters. If we say plurality -- and we don't have to decide today, but we have to decide shortly. Commissioner Spence -Jones: Yes. Vice Chair Sarnofff. Plurality matters. Plurality is a big cost savings. August versus November, I've always marveled at the August date simply because I always thought everybody was on vacation. If you wanted to sneak something through, you do it in August. That's always been my motto. But I hear what you're saying. November has always been -- to me that was Election Day and, you know, I come from the northeast; everything got voted in November -- Commissioner Spence -Jones: In November. Vice Chair Sarnofff. -- you know. So I'm a little bit of a Novemberist [sic], but I could be converted to an August, if you will. But we got to make a decision. And in terms of this extra year, you're not making that decision; the voters are making that decision. Commissioner Gort: Right. Vice Chair Sarnofff. They're going to get out there and they're going to vote in a citywide election as to whether -- I guess it's a package. Commissioner Spence -Jones: Yeah. Vice Chair Sarnofff. If you want to save 800,000 to a million two a year, you got to give Sarnoff, Carollo -- I think we all get it, don't we? Mr. Alfonso: Yes. Commissioner Carollo: Yes. Vice Chair Sarnofff. And so we all get an extra year. Commissioner Carollo: Yes. Vice Chair Sarnofff. And they may dislike me so much that they'll say, hell, no. And they may love you so much, they'll say, hell, yes. That's the way it is. But you're not making that decision. You're just giving them a package. Commissioner Gort: But let me add something -- Chair Suarez: Commissioner Gort. Commissioner Gort: -- to the extra year. Commissioner Spence -Jones: Thank you for clearing that up. Commissioner Gort: Let me add something to the extra year. Whatever year you make a decision, you're going to give someone an extra year, okay, so keep that in mind. If we're looking for the savings, do we want the savings now or we want it for the 'I5/'16 budget 'cause that's the way it would have to go. City of Miami Page 112 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Yeah. Look, I think there's advantages and disadvantages to all of these different kind of permutations. For me, plurality or having a majority is important because you want to mandate, andl think in a small city like Coral Gables, you know, it's not such a big deal. In a big city like Miami, you want to have the opportunity that more than, you know, 50 percent of the electorate chose their leader. Of the three here, draft B is the one that like the most. Commissioner Spence -Jones: Number three? Chair Suarez: Draft B. No, draft B, the one that you -- Commissioner Spence -Jones: Yeah, number two. Chair Suarez: -- you indicated. Commissioner Spence -Jones: Yeah, number two. Chair Suarez: Draft B. Commissioner Gort: August/November. Chair Suarez: Because that's -- no, that's in November/November. That's like -- Commissioner Gort: Oh. Chair Suarez: -- like we normally do it this -- like we normally do it, except we're doing it in even years rather than in odd years. So it's a November/November. It's the same traditional format that we've always had. Commissioner Gort: But what's the saving in November/November? Commissioner Carollo: Yeah. Chair Suarez: It's about 800, 000. Commissioner Spence -Jones: Six ninety-four. Chair Suarez: Eight hundred, nine hundred thousand. Commissioner Carollo: No. It -- Ms. Thompson: Okay. No. Commissioner Carollo: Yeah, it's less of a savings because the runoff would -- the runoff we'll be -- Chair Suarez: Right. Commissioner Carollo: -- totally on our own. Mr. Alfonso: Right. Commissioner Carollo: So citywide election, let's say the mayoral election -- Commissioner Gort: Yeah. City of Miami Page 113 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: -- citywide election, it would then cost us another, what, a million -- 800,000 in the runoff? Ms. Thompson: That would be what we had listed as your option three. If you were to piggyback on Miami-Dade's election for the Nov -- Commissioner Carollo: That's not what he's saying. I think he's saying piggyback on the November election and then -- Ms. Thompson: Yes. Commissioner Carollo: -- have a runoff -- Ms. Thompson: Yes. Commissioner Carollo: -- in November. Commissioner Spence -Jones: Yes. Ms. Thompson: That's what I'm going to tell you. If you go with the November election with the County, $98, 000. Then if you have the runoff in November and it's citywide, $596, 000. Total cost, $694,000. Chair Suarez: All right. Commissioner Spence -Jones: And we save like 800 -- Commissioner Carollo: Let -- okay. Commissioner Spence -Jones: -- like you said. Chair Suarez: So it's an $800, 000 savings. Commissioner Carollo: But let me ask a question then. Let me ask a question. The second election is going to cost five hundred and something thousand, correct? Ms. Thompson: Yes. Mr. Alfonso: Yes. Commissioner Carollo: So then how could a citywide election -- that we have our own election and then a runoff is 1.5 million? Mr. Alfonso: The run-off elections are less expensive -- I'm -- Vice Chair Sarnofff. Because they're district. Ms. Thompson: No. Commissioner Carollo: No. Ms. Thompson: No, no. Commissioner Carollo: No. Citywide election. City of Miami Page 114 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Ms. Thompson: Because when we have gone to a citywide election, we have piggybacked with the big five. Mr. Alfonso: Right. Ms. Thompson: Okay, we shared the cost. When we do our stand-alones, we have -- we bear the entire cost of everything. Commissioner Carollo: Right. But, again -- something's not clear. Ms. Thompson: Okay. Commissioner Carollo: If we have two stand-alone election, citywide, you're saying it's going to be $1.5 million? Ms. Thompson: Correct. Commissioner Carollo: And now if we have a runoff citywide election -- Ms. Thompson: Yes. Commissioner Carollo: -- that we're not piggybacking -- Ms. Thompson: Right. Commissioner Carollo: -- it's $500, 000? Ms. Thompson: Five hundred and ninety-six thousand. Vice Chair Sarnoff. He's got a point. Commissioner Gort: Because we only paying for one. Commissioner Carollo: I mean -- Commissioner Gort: We're not paying for two. Ms. Thompson: No, no. Commissioner Carollo: Does someone else see what I'm seeing? Ms. Thompson: I hear what you're saying, but just bear with me. If you have a citywide election, you have the Mayor -- now it's the Mayor and two other Commissioners, but it's citywide. Commissioner Carollo: Citywide. Ms. Thompson: Normally when you have a runoff then you only go into districts. Vice Chair Sarnoff. Right. Ms. Thompson: Okay, so you have -- you don't -- Commissioner Carollo: No. I'm talking about a Mayor that -- citywide election and citywide election. The Mayor -- that whole citywide election and the runoff for the Mayor, citywide City of Miami Page 115 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 election, is $1.5 million. Ms. Thompson: No. I see what you're saying. Generally -- and this is what we did. No, I see exactly what you're saying now. When we proffered to you, we proffered the citywide with the other districts, but we proffered a lower cost for the runoff because I don't think we figured out the Mayor in there, okay. But if it were -- no, you're absolutely correct. No, you're absolutely correct. If it were Mayor to Mayor -- Commissioner Carollo: I do numbers every once in a while. Ms. Thompson: -- it would be I, think, 1.8 million. Mr. Alfonso: Yeah, there you go. Chair Suarez: Yeah. I don't know. Look, the only thing that makes sense is that you save one election cost, which is that, you know, instead of it being -- you have to bear the November election in the November runoff in an odd year where there's no complementary election. In an even year you're able to -- the runoff you're still going to have to pay for yourself 'cause it's a stand-alone so that's not going to change from the odd year. What is going to change is the general election where the County's already hosting an election so that -- it's a savings of that election. Vice Chair Sarnofff. Right. Chair Suarez: I don't know what that savings is. Ms. Thompson: It's only 98,000. The cost would only be 98,000 if we're to piggyback on that November election with the County. Chair Suarez: Right, so it's a $500, 000 savings approximately. If you're saying it's a $90, 000 cost and the cost of a stand-alone election is five hundred and -- how much is a cost of a stand-alone election? Ms. Thompson: The stand-alone runoff would be the 596. Chair Suarez: No. Okay, whatever, 596. So it's about a $500, 000 savings. Vice Chair Sarnofff. So let -- to move this ball forward, is there any consensus on majoritarian versus plurality? 'Cause we can move off that dime now and then move to what's the date we want. Commissioner Carollo: Well -- Vice Chair Sarnofff. Just us sitting here, whoever's here. Commissioner Carollo: -- I mean, I will have to think about it more, but plurality is something that could go with, especially -- what's the maximum saving? The maximum saving is, if we have it, let's say, August plurality, that -- Commissioner Gort: No, no. Commissioner Carollo: -- would be the maximum savings. Vice Chair Sarnofff. Or November plurality is the same thing. It's -- City of Miami Page 116 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: Yeah, but then -- Vice Chair Sarnoff. -- plural -- Commissioner Carollo: -- November -- Vice Chair Sarnoff. You have a different issue with November. Commissioner Carollo: Right. Vice Chair Sarnoff. I get it. But plurality solves the problem. Commissioner Gort: But you can also have primary elections in August and in November the runoff and you still save 1.5. Vice Chair Sarnoff. If you go plurality, you don't have to worry about runoff. Commissioner Gort: No, I understand that. Vice Chair Sarnoff. But if you want -- Commissioner Gort: But I don't think the voters are for there. Vice Chair Sarnoff. Right. You could do the big -- Commissioner Gort: It's only you andl. Vice Chair Sarnoff. -- I call it the big straddle. You could do the August election and straddle the runoff to November and you get about the same savings. No, you don't. It cost you another 90 something thousand. Commissioner Carollo: Ninety-eight. Vice Chair Sarnoff. Yeah. Commissioner Spence -Jones: So can I -- Mr. Chairman, so -- Chair Suarez: Yes. Commissioner Spence -Jones: -- is there -- are we saying, guys, we want Madam City Attorney to prepare language and get with all of us on this issue? Chair Suarez: Listen -- Commissioner Spence -Jones: Because when -- what is the time frame on this? Vice Chair Sarnoff. No. It's time to start deciding. Commissioner Spence -Jones: Huh? Ms. Thompson: As it -- Chair Suarez: Yeah. Vice Chair Sarnoff. We don't have to decide today, but it's -- City of Miami Page 117 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: The deadline for the August -- Vice Chair Sarnoff. -- we've been briefed on this. Commissioner Spence -Jones: When is the deadline for -- I'm sorry. Chair Suarez: -- is May 25. Ms. Thompson: That's correct. Commissioner Spence -Jones: Oh, okay. Vice Chair Sarnoff. We're getting there. Chair Suarez: Right, I know. So we should decide this like soon. Vice Chair Sarnoff. Right. Chair Suarez: I think there's at least one Commissioner who's expressed a preference for draft B. I happen to share that construct. I don't know how the other Commissioners feel, whether they think "A" or "C" is better or they -- something else that is not -- Commissioner Carollo: We have different -- I want to make sure that her -- what she expressed is what we have in draft B 'cause I know like it's different from what the City Clerk has, so I want to make sure -- Chair Suarez: I'll read it to you. Commissioner Carollo: -- that she's -- that -- yeah, but I want to make sure that what she states is what we have in draft B 'cause I don't think it is. Commissioner Gort: I want 1.5. Ms. Thompson: Excuse me, Chair. Commissioner Spence -Jones: You want 1.5. Vice Chair Sarnoff. You want the biggest savings. Ms. Thompson: Excuse me, Chair. Chair, ifI might? Chair Suarez: Yes, yes. Ms. Thompson: I just -- just to clear up. I'm sorry, Commissioner Carollo, ifI confused you. I was talking about the options that we presented -- Commissioner Carollo: Right. Ms. Thompson: -- to you financially. What the draft B and the like is -- would be the language, so that's completely different. Commissioner Carollo: Right, exactly. Ms. Thompson: Okay. City of Miami Page 118 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: And that's why I wanted to clarify because I know you were speaking about the options, but that's different than what we have before us with the drafts, so that's why I wanted to clarify. And I'm not sure that, you know, what Commissioner Spence -Jones said is the same as what the Chairman's saying. I know what you're saying. I understand your draft B. Vice Chair Sarnoff Draft B does not net you the biggest savings. Chair Suarez: That's right. Vice Chair Sarnoff It's the hybrid. Chair Suarez: Yeah, I understand. Commissioner Spence -Jones: Yeah, exactly. Vice Chair Sarnoff Right. It does -- Commissioner Spence -Jones: That's what (UNINTELLIGIBLE). Chair Suarez: I understand that it doesn't. Commissioner Spence -Jones: It doesn't -- Chair Suarez: Right, and that's fine because I think it maintains a traditional structure of how our elections have been handled in the City of Miami. It just changes it from odd years to even years and saves us one election. Commissioner Spence -Jones: Right. Chair Suarez: I mean, it's pretty simple. Commissioner Spence -Jones: That's what chose -- Chair Suarez: Yeah, and that's the one I agree with. So if there's another person that agrees with it, we can send it to the voters, you know, 'cause at the end of the day, it's true what the Vice Chairman said; this is something that gets decided by the voters. All we're doing here and all we ever do when it comes to charter amendments is allow the voters of the City ofMiami to decide. That's all we do. So, you know -- Vice Chair Sarnoff So draft B is a November election, you have to have a majority of votes, and there'll be a runoff if you don't get the majority. And that will result in -- Commissioner Spence -Jones: The one point five savings. Commissioner Carollo: No. Mr. Alfonso: No. Chair Suarez: No. Vice Chair Sarnoff No, it won't be. It won't be that much. It'll be about -- Mr. Alfonso: About half that much. City ofMiami Page 119 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Half a million. Vice Chair Sarnoff -- half a million dollars versus the one point million. Commissioner Carollo: That's a big difference. Vice Chair Sarnoff It is a big difference. It's a million bucks. Commissioner Carollo: Yeah. Vice Chair Sarnoff Or it's ten police officers or it's -- Commissioner Spence -Jones: Right. Mr. Alfonso: Fifteen solid waste workers. Vice Chair Sarnoff -- Danny 'cause he's getting expensive and -- Mr. Alfonso: I wish. Commissioner Carollo: You know, I think we're on a standstill. Maybe we need to bring this back, you know. We don't have to decide today, but it seems to me like we're in a standstill. Vice Chair Sarnoff Well, we need to decide shortly. Commissioner Carollo: Shortly but not today. Chair Suarez: What, to vote? Vice Chair Sarnoff I don't say it has to go today, but -- Commissioner Gort: (UNINTET ,T IGIBT ,F) five. Vice Chair Sarnoff -- you know, knowing how we work, we need to do this. Well, we need to make a decision whether we're going to decide not to do it or we're going to decide to do some form of this. Commissioner Spence -Jones: I think we decided we're going to do it. We just got to -- we have to decide what we're going to do. Vice Chair Sarnoff Okay. Commissioner Spence -Jones: So I mean, we can say -- do we want to just figure -- you want to take a vote on the four, the options, or you want to just let it come back the next City Commission in April? Vice Chair Sarnoff Why don't we take a consensus, not a vote but a consensus -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff -- so that we could just see how we feel and then we can mull it over and come back another time. Is that fair, Mr. Chair? Commissioner Spence -Jones: Yeah, I'm with the Chairman on this issue. City of Miami Page 120 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Yeah, that's fine. Vice Chair Sarnofff. So how many people, just from a consensus, like option B? Chair Suarez: Draft B. Vice Chair Sarnofff. I'm sorry, draft B? Chair Suarez: Yeah, I like draft B. Commissioner Spence -Jones: I like draft B. Vice Chair Sarnofff. So you have two, okay. How many people --? And it was -- draft A is the August election? Maria J Chiaro (Deputy City Attorney): Yes. Commissioner Carollo: It is -- hold on 'cause there's -- it has two parts. Commissioner Gort: One point five savings. Chair Suarez: Yeah, that's it. August/November, right. Commissioner Carollo: With a -- Commissioner Gort: August/November. Commissioner Carollo: August with a runoff in November. Vice Chair Sarnofff. Well, I do feel bad for the person who's got the runoff in November 'cause -- Chair Suarez: Exactly. Vice Chair Sarnofff. -- that person's just going to be whooped. Chair Suarez: Exactly, number one. And you know, I don't know. I guess the election where you have the highest participation is the November one. So if you go to an August primary, you're basically, you know, kind of nulliing one of the rationales for doing it, which is to increase participation so -- and participation is a double -edge sword because the more people that participate, sometimes they're focused, like the Vice Chair -- like the Commissioner said, on the presidential and on partisan politics versus -- Vice Chair Sarnofff. So the runoff -- Chair Suarez: -- municipal stuff. Vice Chair Sarnofff. -- essentially occurs in November. That's -- it -- that's essentially comes down to. Chair Suarez: That's draft B. Commissioner Gort: Yes. Vice Chair Sarnofff. And draft B saves us 1.5 million? City of Miami Page 121 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: No. Chair Suarez: No. Commissioner Gort: No, no. Chair Suarez: Five hundred thousand. Vice Chair Sarnoff. No, no. I'm sorry. Draft A saves us the 1.5 million. Commissioner Carollo: If there is a citywide election and a citywide runoff. Mr. Alfonso: Yes. Vice Chair Sarnoff. Right. So what's -- you know what -- Commissioner Carollo: And draft C is -- Vice Chair Sarnoff. -- I'll go for the cost savings. I'm going to vote for 'A." Commissioner Carollo: And draft C is pure plurality. Chair Suarez: We got two for A'here. Two for `A" and two for B." Vice Chair Sarnoff. So that's two for A'and two for B. "You're sort of the decisive. Commissioner Carollo: And draft C is a pure plurality. So in other words, we could have August or November and my preference is August plurality. Vice Chair Sarnoff. It's August plurality. Commissioner Carollo: Yep. Vice Chair Sarnoff. Wow. Chair Suarez: So you're C." Commissioner Gort: So -- Commissioner Spence -Jones: That's fine. Commissioner Gort: -- we got three big savings, 1.5. Vice Chair Sarnoff. You know what -- Commissioner Carollo: And that will net the biggest savings. Vice Chair Sarnoff. Yeah. Commissioner Carollo: And I'm not saying I'm 100 percent in favor of it -- Vice Chair Sarnoff. No. I know, I know. Commissioner Carollo: -- given the other options, I mean -- and it seems like we're doing it because of budgetary and cost savings, then you know what, let's go for the real cost savings City of Miami Page 122 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 then. Vice Chair Sarnoff So what you have is three Commissioners looking for the most cost savings. Commissioner Gort: Right. Vice Chair Sarnoff That's what you have. So bring it back when, Mr. Chair? Chair Suarez: Bring it back in the next Commission meeting or -- I mean, the next Commission meeting is fine with me. Commissioner Spence -Jones: That's fine. Ms. Thompson: That would be on April 12. And just -- Chair Suarez: But what are we bringing back? Ms. Thompson: Thank you. Chair Suarez: That's the question. Commissioner Spence -Jones: We're bringing -- Vice Chair Sarnoff You're really bring -- Commissioner Gort: We're bringing back two options -- Chair Suarez: Bringing back -- Commissioner Gort: -- "A" and "C. " Commissioner Spence -Jones: "A" and "C?" Vice Chair Sarnoff No, "A" -- well, it's "A" -- no, it's "A," "B" and "C, " unless you want to -- Commissioner Spence -Jones: No. He just -- Commissioner Gort: We got three -- Vice Chair Sarnoff No, no, no, no, no. Unless -- Commissioner Spence -Jones: He just went with you guys. Vice Chair Sarnoff -- 'cause he's the only one, maybe it is only `A" and "B. " If anything we did here meant anything -- Commissioner Spence -Jones: Yes. Vice Chair Sarnoff -- maybe it is only "A" and "B. " Commissioner Spence -Jones: That sounds right. Commissioner Carollo: Well, not really. I think if -- not necessarily so. I mean, the reason this whole conversation started back then because of cost savings, so if it is cost savings, I definitely believe that plurality should be on the table. Andl think you're the first one who raised their City of Miami Page 123 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 hand with plurality. Vice Chair Sarnoff And let me tell you. Commissioner Carollo: You're going back on it now -- Vice Chair Sarnoff And I could -- Commissioner Carollo: -- but you're the first -- Vice Chair Sarnoff -- very -- Commissioner Carollo: You were trying to convince me. Vice Chair Sarnoff -- easily go your side. I bring the whole thing back. Commissioner Carollo: Yeah. Vice Chair Sarnoff Because you know what, maybe another -- Commissioner Carollo: And that's -- Vice Chair Sarnoff -- two weeks of discussion. I could easily go plurality August. I want to see as much cost savings as possible. Commissioner Carollo: And by the way, you know, I'm saying it because if really the issue is cost savings, well, this generates the most cost savings. Now, with that said, a caveat. I'm not saying that, you know, I'm going to be going for, you know -- Chair Suarez: Plurality. Commissioner Spence -Jones: C. Commissioner Carollo: -- plurality. I'm not. Commissioner Spence -Jones: I know, ok. Commissioner Carollo: I'm not. I'm honest. I'm not saying -- I would really have to study it. And again, this is our election process, you know. This is something that, hey, it's not something you take lightly and, you know, you just vote on it 'cause we have to vote on it. Commissioner Spence -Jones: Yeah, but ultimately, it's in the voters' hands anyway. So I think that we will be exercising democracy and your voters -- our voters from our districts will have the opportunity to say, one, do I want to save money so that I can have more park programs, more police, and whatever it is that they may need, or do I want to have Commissioner Carollo for another year so -- but don't think we have to decide all of this right now. I just think -- I think we have made progress 'cause this has been on the agenda how many times? Chair Suarez: Listen, this has been on the agenda at least four times -- Commissioner Spence -Jones: Five? Chair Suarez: Four or five -- Commissioner Spence -Jones: Four. City of Miami Page 124 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: -- times and we haven't discussed this, so I think you're absolutely right. Vice Chair Sarnoff. Let's -- Chair Suarez: It's been great -- Vice Chair Sarnoff. -- make a commitment we vote next time. Whatever -- Commissioner Spence -Jones: Yes. Chair Suarez: I have no problem voting on it. Commissioner Spence -Jones: Two weeks. Commissioner Carollo: And by the way, I understand that, yeah, ultimately the voters will vote. However, they will vote on one plan. They're not going to vote on the three plans. Vice Chair Sarnoff. Right. Commissioner Carollo: You understand what I'm saying. Like we're placing something there for them. You know, they may want a cost savings but not necessarily like "A" or not necessarily like "B. " They may like "C. " Commissioner Gort: Then they vote -- Commissioner Carollo: You understand -- Commissioner Spence -Jones: I know, but -- Commissioner Carollo: And we're not placing "A," "B, " and "C. " We're only placing -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- one plan and that's where it's a little different. Commissioner Spence -Jones: That's why we all have to vote on this item in two weeks, and whoever -- what -- if -- whatever the three votes are is what it becomes. This is a democracy. But then ultimately it goes to the voters. Chair Suarez: Got it. Commissioner Spence -Jones: Okay. Ms. Thompson: So ifI might -- because you know me; I'm always looking to be clear. Chair Suarez: Yes. Ms. Thompson: Okay. At the next Commission meeting, is that correct -- Chair Suarez: We're going to bring back the same discussion item. Ms. Thompson: Thank you. Chair Suarez: Because there's nothing that has changed. I think -- City of Miami Page 125 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 DI.6 12-00255 Department of Finance Ms. Thompson: So we're just deferring this -- Chair Suarez: -- the only thing that needs to change between now and then is our minds. Ms. Thompson: Right. So we're deferring this until April 12? Chair Suarez: Thank you. Ms. Thompson: May I get a vote for the deferral? Chair Suarez: Yes. Is there a motion? Commissioner Carollo: So moved. Vice Chair Sarnoff Second. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Spence -Jones. All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. It's been deferred. DISCUSSION ITEM QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR 1ST QUARTER ENDING 12/31/11. 12-00255 Summary Form.pdf DISCUSSED Chair Suarez: We're now going to have -- go to DI.6, which is a nonreimbursable grant expenditures. Let's get a statement on the record on that, please. Daniel Alfonso (Director, Management & Budget): Okay. Commissioner Spence -Jones: DI (Discussion Item) -- Mr. Alfonso: Daniel Alfonso, on behalf of the Finance interim director -- Chair Suarez: Okay. Mr. Alfonso: -- who's taking care of some issues with -- Chair Suarez: Don't worry about it. Mr. Alfonso: -- the audit. Chair Suarez: You don't have to get into specifics, just go, just go. City of Miami Page 126 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Alfonso: Okay. Later... Chair Suarez: DI. 6. Mr. Alfonso: Okay, this item is to report the quarterly update for nonreimbursable grant expenditures for the first quarter of fiscal year 2012 and the December 31, 2011. At this time we're reporting that there was no nonreimbursable grant expenditures for the first quarter of the fiscal year of 2012. Chair Suarez: Thank you, sir. Mr. Alfonso: That is the report that was good. DI.7 DISCUSSION ITEM 12-00160 Office of Grants UPDATE ON THE ESTABLISHMENT OF THE GREEN CORRIDOR Administration PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT. 12-00160 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Suarez: Good afternoon. We're one person away from getting a quorum, but in the meantime, I think the Clerk had mentioned that we could start the -- open the P&Z (Planning & Zoning) agenda. Priscilla A. Thompson (City Clerk): Yes. Chair Suarez: So do you need a few minutes to do that? Commissioner Carollo: Yes. Chair Suarez: Your -- it's open? Ms. Thompson: As I explained to you, we can -- it's the same agenda, so that's not a problem, but we -- if we're going to take votes, then we need three individuals on the dais. We need a quorum to vote. Chair Suarez: Okay. Mr. Manager, do you know if Francisco Garcia is available to go over the deferrals? Once we finish with that, we'll start with the auditor general discussion, which is a 2 o'clock time certain. Well, I mean, we -- yeah, we're missing a Commissioner to take any formal actions, so I don't know if you want to wait. Do you want to -- maybe -- can he just put on the record the items to be deferred? Ms. Thompson: Yes, you can. You can put them on the record, and then we can come back when they're called and just vote on -- if there's any deferral, continuances. City of Miami Page 127 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Okay. Please. Francisco Garcia: For the record, Francisco Garcia, Planning & Zoning director. At this time, sir, there are three items that we expect to be continued, those being items PZ.1, PZ.2 andPZ.3. Chair Suarez: Okay. Mr. Garcia: And we will be asking for continuances or deferrals to May 24 in all three cases. Chair Suarez: Perfect. Thank you. Mr. Garcia: Thank you. Chair Suarez: And as soon as we have another Commissioner, we'll take up a motion and go forward. Later... Chair Suarez: Can we defer -- do we have a motion to defer PZ.1, 2 and 3? Commissioner Carollo: So moved. Chair Suarez: Moved by Commissioner Carollo. Is there a second? Vice Chair Sarnofff. Second. Chair Suarez: Second by Vice Chair. Do you want to put something on the record on that? Mr. Garcia: Yes, please, ifI may, sir. Chair Suarez: Sure. Mr. Garcia: PZ.1 is a City application. For that reason, I would certainly recommend that PZ.1 be deferred. Chair Suarez: Sure. Mr. Garcia: As pertains to PZ.2 sand 3, these are private applications, and would prefer if the applicants were here and could attest to their wish to continue them. Chair Suarez: Sure. Are the applicants here? Unidentified Speaker: Yes. Chair Suarez: Okay, great. Lynn Summers: My name is Lynn Summers. I'm the authorized representative for Marine Max. And we have discussed with Mr. Garcia the wisdom of deferring this and certain additional work that we're going to engage in with the staff to bring back a more factually complete matter in a month to six weeks. Chair Suarez: Thank you. Mr. Garcia: What we have recommended actually is that the item be continued to a date certain City of Miami Page 128 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 ofMay 24, if that's acceptable? Ms. Summers: Yes, May 24 is good. Chair Suarez: Fantastic. Thank you. Mr. Garcia: Thank you. Ms. Summers: Thank you. Chair Suarez: There's a motion, as amended, and a second. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Motion passes. Later... Chair Suarez: Let's go ahead and do the budget then. Let's go and -- Commissioner Gort: Mr. Chairman. Chair Suarez: Yes. Commissioner Gort: Can we ask the City Clerk to please announce that the PZ items that been deferred because there might be some people here for PZ items? Chair Suarez: We've already done that. We deferred PZ.1 through 3. Commissioner Gort: But some people came in afterwards. Chair Suarez: Oh, okay, I'm sorry. I gotcha. I think what Commissioner Gort's saying is to let everyone know who's here in the audience that PZ.1, 2 and 3 have been deferred. So if you're here on PZ.1, 2 or 3, you don't have to be here because they're not going to be taken up today. Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) done PH.5. I think (UNINTET,T IGIBT ,F) Chair Suarez: We have not dealt with PH.5. Commissioner Spence -Jones: Is that going --? Chair Suarez: That's going to be the next one after this -- Commissioner Spence -Jones: Okay. Chair Suarez: -- after the -- Commissioner Spence -Jones: But I think this is going to be really discussed a lot, correct? Chair Suarez: It could be. And actually, we have a time certain for the SII at 3 so we may do that before -- oh, you want -- you're saying you want to do PH.5 first? Ms. Thompson: Chair, I'm -- Chair Suarez: Yes. City of Miami Page 129 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Ms. Thompson: --sorry to do this to you because I know you want to get the meeting done. But as we're doing our tabulating, our checking and everything, the three of us are involved so I won't be able to really pay -- Chair Suarez: Okay. Ms. Thompson: -- attention to what's going -- Commissioner Spence -Jones: Oh, okay. Chair Suarez: So you actually need a five-minute break? Ms. Thompson: I thank you. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. So we'll be in recess until 3 p.m. sharp. Later... Chair Suarez: PZ.4. Maria J. Chiaro (Deputy City Attorney): PZ (Planning & Zoning) items shall proceed pursuant to the City code. All those wishing to testify for the Planning & Zoning items should be sworn by the City Clerk. Ms. Thompson: Ladies and gentlemen, if you're here and you're going to be testing or presenting testimony on any of the P&Z (Planning & Zoning) items that'll be under discussion -- that's PZ.4 and 5 -- I need you to please stand and raise your right hand. Chair Suarez: Let me -- before we -- I'm sorry. Before we do that -- because there may be here people that are on PZ.5 andl don't know how many people have been here for a while. The district Commissioner has just asked me to defer PZ.5 so I'm sorry. OUTBURSTS FROM THE AUDIENCE. Chair Suarez: I'm sorry. He just asked me to defer it. We are very cordial up here and we give each other respect. Maybe the Commissioners don't want to do it. I mean, that's up to them. But that's what the district Commissioner has requested. That's why I wanted, before we swear everybody in to discuss that issue -- we have always -- I don't think there's ever been a time that a district Commissioner on a district specific item has requested a deferral that we haven't granted it, since I've been here, but I leave it to the body. OUTBURSTS FROM THE AUDIENCE. Chair Suarez: He had to go? Commissioner Gort: When was this asked for a deferral? Chair Suarez: I'm sorry? Commissioner Gort: Was that asked before we began? Chair Suarez: No. City of Miami Page 130 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Gort: Did we announce -- Chair Suarez: He just asked me right now. Commissioner Gort: Oh. Chair Suarez: So -- OUTBURSTS FROM THE AUDIENCE. Chair Suarez: I'm sorry. OUTBURSTS FROM THE AUDIENCE. Chair Suarez: I'm sorry. OUTBURSTS FROM THE AUDIENCE. Commissioner Spence -Jones: Mr. Chairman. Ines Marrero-Priegues: HI may? Chair Suarez: Yes. Commissioner Spence -Jones: Mr. Chairman, we still want to be respectful to people -- Chair Suarez: No, I understand. Commissioner Spence -Jones: I know that -- Chair Suarez: I'm sympathetic. Commissioner Spence -Jones: -- to people that came out. You guys have the opportunity -- he hasn't left as of yet. You should go and at least have a discussion with him. You have the right to do that. Unidentified Speaker: Where is he? Commissioner Spence -Jones: Your district -- it should be right here, his district office. Just walk in, communicate. Maybe he has a reason for it. Don't assume it's something bad. Maybe he needs more information. I know, but let's stay positive with it, you know. So you have the opportunity -- we still have to hear another item. At least allow him the opportunity to at least explain his viewpoint. You -- but he's over there. We're going to take up another item; you have time to go see him really quickly. You can -- Chair Suarez: Thank you. Ms. Marrero-Priegues: Mr. Chairman, ifI may -- Commissioner Spence -Jones: You can go ahead and go 'round and see him. Chair Suarez: Yes. Ms. Marrero-Priegues: -- briefly? City of Miami Page 131 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Yes. Ms. Marrero-Priegues: Ines Marrero, attorney at 701 Brickell Avenue. I am the attorney representing the appellant on PZ.5, Educating Hands, Irma [sic] Burman. I should point out first that the other party in this matter, other than the City, who is not here. Number two, we -- I understand the meet -- Chair Suarez: Can you -- excuse me. Ms. Marrero-Priegues: This is an appeal of the -- Chair Suarez: Wait, wait, wait, wait, wait. You said the other party's not here. Who is the other party that is not here? Ms. Marrero-Priegues: He's not -- the gentleman who appealed our approval. Chair Suarez: Right. Ms. Marrero-Priegues: He appeared before the Planning Advisory Board -- Chair Suarez: Right. Ms. Marrero-Priegues: -- and he was successful. Chair Suarez: The appellant. Ms. Marrero-Priegues: The appellant before -- Chair Suarez: Okay. Ms. Marrero-Priegues: -- in the lower board. Chair Suarez: Okay. Ms. Marrero-Priegues: We were -- we deferred it the last time to settle this matter. Chair Suarez: Right. Ms. Marrero-Priegues: The settlement, up to this morning, was not successful so we're moving forward and he's not here. That's neither here nor there. I just thought I'd put it in the record it's important. Chair Suarez: Okay. Thank you. Ms. Marrero-Priegues: However, the only thing that do ask for the benefit of all these fine people who are here -- they've taken off time from work. They're residents. They're tenants. They're not only employees of the appellant but they're also residents. Andl have a court reporter here. Chair Suarez: Here's what we're going to do. Ms. Marrero-Priegues: That we have a time certain, please. Chair Suarez: Here's what we can do. We can do one of two things. We can either grant you a City of Miami Page 132 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 time certain for the next Commission meeting, which means we will have it -- we'll take it at that time, or what we can do is the people who are here can put their statements on the record. We'll close the public hearing for purposes of this hearing and we'll make a decision in the next Commission meeting. Defer it after the public has given -- had an opportunity to -- so that they don't have to come again, but that their statements are on the record so it's not a waste of their time. Ms. Marrero-Priegues: It would be my advice as counsel that the matter be heard in full in one hearing and we don't bifurcate it with testimony today and then on a separate hearing another day so. Chair Suarez: We've done that on other occasions where we have -- andl remember the one specifically in your district where we ended the discussion, the public hearing and then decided that we were not going to make the decision until the next Commission meeting and we were not going to reopen the public hearing. Ms. Marrero-Priegues: I have a court reporter here, Commissioner, respectfully, and there may be cross-examination of witnesses. This may be -- Chair Suarez: You can do that right now. Ms. Marrero-Priegues: It's the pleasure -- Chair Suarez: Who's not here? Ms. Marrero-Priegues: -- of the Commission. Chair Suarez: So you do want to defer it? Ms. Marrero-Priegues: All that ask is if the matter is deferred, that it be -- please be a time certain as a courtesy to them -- Chair Suarez: I have no problem giving -- Ms. Marrero-Priegues: -- and the court reporter. Chair Suarez: -- a time certain. I give a time certain all the time and I'm actually on time when I give a time certain so I have no problem with that. But whatever this Commission wants to do is fine with me. I mean, if that's okay with the public, who's been here waiting, then that's fine with me. Is there a motion 'cause --? Commissioner Spence -Jones: A motion for what? Chair Suarez: A motion to defer it to the next Commission meeting and I'll give it a time certain. Commissioner Gort: We're talking about -- Chair Suarez: I can give it a -- 5 o'clock -- 5 p.m. time certain at the next Commission meeting. Commissioner Spence -Jones: Is that what you're asking for? OUTBURST FROM THE AUDIENCE Chair Suarez: Yeah, that's -- City of Miami Page 133 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Ms. Marrero-Priegues: The matter is being deferred at the request of the Commissioner of the district. We're not seeking that it be deferred. We would like to be heard today. But if we cannot hear it in full, if we're just going to hear testimony because the Commissioner of the district is here, then my preference is that we then be continued and the matter be heard in full at a time certain. Chair Suarez: Okay. It's up to this Commission. What would you like to do? Commissioner Gort: The Commissioner of the district is not here so -- Chair Suarez: Yeah, and he's requested a deferral. Commissioner Spence -Jones: I know. Chair Suarez: I mean -- andl -- Commissioner Spence -Jones: I mean, the issue -- Chair Suarez: It's a terrible situation to be in, I understand. Commissioner Spence -Jones: -- I mean, we all honestly -- and this is just -- we all respect each district Commissioner. I'm not really sure. He may have some issues or concerns that he needs to -- that he may feel he needs to address and maybe he needs more time on. I'm not really sure. OUTBURSTS FROM THE AUDIENCE. Commissioner Gort: Excuse me. Chair Suarez: Okay. Commissioner Gort: Let's keep it in order. Chair Suarez: We're not going to have this, you know -- andl understand, and I'm very sympathetic, andl apologize, andl wish we would have known earlier so that you guys wouldn't have to be here and wait all this time so -- andl very -- and we spoke on the break andl told you -- you know, we checked to see if the item was coming today andl was told that it was coming today. You know, this -- I literally was told this three minutes ago. So you know, it's up to this board to decide what we want to do. Okay, that's fine, the next Planning & Zoning meeting. Is there a motion? And I'll give it a time certain. Commissioner Gort: Move to defer. Chair Suarez: It's been moved by Commissioner Gort. Is there a second? Commissioner Carollo: If that's the wishes of the district Commissioner, then I'll second it. Chair Suarez: Second by Commissioner Carollo. We -- all in favor, signifi, by saying aye." The Commission (Collectively): Aye. Commissioner Carollo: Hold on. Is there a time certain? Commissioner Gort: (UNINTET,TIGIBT,F) here. Chair Suarez: I'll give it a time certain of 5 p. m. at the next P&Z meeting. This is a deferral to City of Miami Page 134 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 the next P&Z meeting. Ms. Thompson: Which is April 26. Chair Suarez: That's right, 5 p.m. That means you don't have to be here for four hours. You come five minutes before 5 and we'll -- you'll hear it at 5 or shortly -- right shortly thereafter. So again, my sincerest apologies. You know, I know how frustrating (UNINTELLIGIBLE). Believe me, there are people here sometimes that are here from 8 o'clock in the morning until 5 or 6 o'clock in the afternoon and things get deferred and it's very unpleasant and it happens and apologize. Unidentified Speaker: The most unfortunate part here (UNINTELLIGIBLE) day at work. Chair Suarez: I understand. Okay, I understand, I understand. Thank you. Commissioner Carollo: Did we vote on it? Chair Suarez: Yeah. Did we vote on it? All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Later... Chair Suarez: You ready? PZ.5. I'm sorry. Is it -- Ms. Chiaro: Mr. Chair, I'd just like to make one -- Chair Suarez: PZ.4. Commissioner Gort: 4. Chair Suarez: I'm sorry. Ms. Thompson: If you -- if we can, Chair. Chair Suarez: Yes, ma'am. Ms. Thompson: Now I will go ahead and do the swearing in? Chair Suarez: Yes, you may. Ms. Thompson: So we're talking about PZ (Planning & Zoning) item 4. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: And then I would ask to make sure that everyone speaking, make sure to check in with us so you can sign your speaker sheet. Thank you. Ms. Chiaro: And Mr. Chair, before proceeding with the items, there are two more procedural -- Chair Suarez: Yes. City of Miami Page 135 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Ms. Chiaro: -- statements to make. 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 Commission 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. PZ.1 ORDINANCE Second Reading 11-00806zt 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. Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item PZ. 1 was deferred to the Commission Meeting scheduled for May 24, 2012. PZ.2 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 City ofMiami Page 136 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 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 Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item PZ.2 was deferred to the Commission Meeting scheduled for May 24, 2012. PZ.3 ORDINANCE First Reading 11-00700zc 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 137 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 PZ.4 11-01196rw 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 Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item PZ.3 was deferred to the Commission Meeting scheduled for May 24, 2012. RESOLUTION 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 11-01196rw-Submittal-Miami Design District Retail Street Special Area PLan.pdf 11-01196rw-Submittal-Miami 21 Regulations.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 City of Miami Page 138 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 subject properties, which were rezoned within the preceding eighteen (18) months. Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0125 Chair Suarez: Ready, Madam Clerk? Priscilla A. Thompson (City Clerk): Yes. Chair Suarez: Okay. Ms. Thompson: Yes. Chair Suarez: You're -- Mayor Kasdin, you're recognized for the record. Neisen Kasdin: Yes. Kent Harrison Robbins: I have to make some disclosure because my name is Kent Harrison Robbins. Chair Suarez: Yes. Mr. K. Robbins: I'm an attorney. Today I came in to register as a lobbyist. I haven't been here for a couple of years because -- although I'm a member of the Bar, I tendered the lobbyist registration, tendered my check. Amazing enough, the City ofMiami would not accept my check and it was good because they now have that four-hour registration -- Chair Suarez: Right. Mr. Robbins: -- requirement. I was advised by your counsel that under the circumstances, the normal practice of this Commission is to allow the lobbyists to be able to present specially an attorney, but I have to commit that I will finish the four hours of schooling in a very short period of time, which, of course, I commit to do. Chair Suarez: Thank you. Does any Commissioner have an objection to waiving the ethics requirement temporarily until the next ethics course? Commissioner Spence -Jones: No objection. Chair Suarez: No objection being heard by any of the members of the Commission. You are free to proceed after Mayor Kasdin. Mr. K. Robbins: Thank you. Mr. Kasdin: Thank you. Chair and members of the -- Maria J Chiaro (Deputy City Attorney): Mr. Chair. Francisco Garcia (Director, Planning): Mr. Chair, ifI may? City ofMiami Page 139 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: Yes, please. Mr. Garcia: May I briefly introduce the item, please? Chair Suarez: My apologies. It's getting late. It's the last item of the day actually, so -- Mr. Garcia: No problem at all, sir. Commissioner Spence -Jones: It is it? Chair Suarez: Yeah, it is. Mr. Garcia: Thank you. Again, briefly by way of introduction, and then I'll yield to the applicants, item PZ.4 is a request for a waiver that would otherwise apply pursuant to Section 7.1.2.8 point [sic]G point [sic]5 [sic] of the zoning ordinance of the City ofMiami. This pertains to properties at 150 Northeast 42nd Street, 135 and 115 Northeast 42nd Streets. These properties were subject to a zoning change less than 18 months ago, and what the applicant is requesting presently is that the City Commission waive the otherwise applicable time limitation so that the PZAB, the Planning, Zoning and Appeals Board, may hear the rezoning for these parcels. That's all have by way of presentation. I'll certainly answer any questions you may have. Chair Suarez: Thank you, Mr. Garcia. Mayor Kasdin, you're recognized. Mr. Kasdin: Thank you. Chair, members of the Commission, Neisen Kasdin and Javier Fernandez, representing the applicant, Dacra and its affiliated companies. And what would like to do is I'll put on a brief presentation of testimony through Craig Robbins, who is the principal, as well as Christina Miller, the planner, and submit some documents as well. What we're seeking here, as the director has said, is a waiver of the provisions of 7.1.2.8 ofMiami 21 which provides that an application for a rezoning covering the same property that has been rezoned within the last 18 months cannot go before the PZAB unless this Commission waives that time period, and what we're talking about here is the Design District Special Area Plan. The Design District Special Area Plan, which was filed with the City in January of this past year, covers an area of approximately 20 acres, the heart of the Design District. There is a small portion of that, the area -- an area north of 41st Street which a year -- over a year ago, January of 2011, was rezoned from T3 to T4-0 -- to T4-0 rather. As a result, in order for that section to be included in the Special Area Plan, it is necessary for us to seek this waiver and that's why we're seeking this waiver. This matter will go before the PZAB and will go before the City Commission, two votes, a first and second reading for adoption. And also let me, ifI may, note for the record with regard to ex parte communications, that neither I nor Javier Fernandez have spoken to Commissioner Sarnoff, Chair Suarez, Commissioner Gort and Commissioner Spence -Jones, and Commissioner Carollo declined to discuss the matter when requested. With that said, that is the item that is before you. I'd like to first briefly bring up Craig Robbins, who's the principal behind this project. This is one of the most important economic development projects in Miami -Dade County today and, in fact, in many years. It has taken a neighborhood, the Design District, which was bereft of economic activity 15 years ago when Craig Robbins began buying what has amounted to a majority of the property in the heart of Design District. Today it is a vibrant, vital part of the community, contributing not only to this area in terms of tax revenue but, more importantly as well, jobs and a positive image of this City that is now known internationally. Mr. Robbins is now going to take this one step further and make this one of the true great economic engines to not only the City of Miami but of South Florida. So I'd like to briefly bring Mr. Robbins forward and then I will proceed with Christina Miller, the planner. Chair Suarez: You're recognized, sir. City ofMiami Page 140 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Craig Robbins: Mr. Chairman and members of the Commission, thank you for having us today. Just briefly, I wanted to explain the importance of this project and the impact that it can have on the City ofMiami. As you know, I've worked for the past almost 20 years establishing the Design District, along with the community that's there, to be a very vital and important international cultural destination. It's recognized and known around the world. It's the place where Design Miami, the most important furniture show in the world, was born as part of Art Basel. It's an important center for furniture design. There are great restaurants, cultural activities, lots of businesses there and recently, an incredible new opportunity has come first to our city. First, it's important to point out that not that it should be, but in the luxury retail market, the City ofMiami is almost nonexistent. It's not thought of. When you think about where high -end luxury brands, they are not in the City ofMiami and until now, it was not thought of that they could even conceivably be in the City ofMiami. We've actually secured and are in the process of securing that almost the entirety of the critical brands that are in Bal Harbor shops, the number -one retail mall per square foot in the United States are going to either open second locations or relocate into the heart of the City ofMiami. To facilitate this project, we have invested, over the last 12 months, over $150 million, in addition to the incredible collection of assets that we already had, and we are in the process of beginning a 2 to $300 million dollar construction project, the first stage of which is going to be completed in the next few months, the second phase which will be completed by 2014, and the third phase, which we're actually trying to move up and complete by the year 2015. This project will add an ingredient. There'll be hundreds ofjobs, hundreds of millions of dollars of commerce and, believe it or not, this is actually one that can be done without a casino license. You can -- it's a really big thing for the City. It's not just big for Dacra. It's big for the whole City. Already you can see the impact that it's had. Midtown has changed hands. Wynwood is starting to boom. There's a real transformation that's happening in this City. While we're not certain that this waiver is absolutely essential, in abundance of caution we ask you to protect us. There are people that would like to see that this doesn't happen in the City of Miami. They have interests that are against all of ours and this will help protect and assure that this project will move forward. Lastly, I just want to say that I share the belief with Commissioner Spence -Jones, that it's also important that community benefits come from these kinds of projects and so we are committed, through the SAP (Special Area Plan) process, to reach an agreement that will facilitate that. I think it's a very good cause. But already, just to be clear, there have been many new jobs created in the City because of this project and many of those jobs have gone to City ofMiami residents so we're already creating a lot of employment, nothing like you'll see over the coming years with the hotel we're going to build, the residential that will be ancillary to this project and also all the retail. So if you could just support us and back us, we're going to keep working hard to do what you do and try to make our city an even better place. Chair Suarez: Thank you, Mr. Robbins. Sir. Mr. Kasdin: No. I'm not -- we're not finished. Chair Suarez: Oh, I'm sorry. My apologies. I thought you were done with your presentation. My apologies. Mr. Kasdin: Yeah, just a little -- a brief additional testimony. I would also like to have the Commission note for the record what I'm showing you now is on file with the City ofMiami. This is the Special Area Plan submission which was filed and has been on the record with the City since this past January. It contains all the information about this project, which has been extensively reviewed by every relevant department in the City as part of the SAP submission process, including Planning, Public Works, and others, as well as other agencies in Miami -Dade County and the state. Obviously, I'm not giving each one ofyou one of these, butl would like you to note for the record that is it on file with the City and it includes traffic analysis as well as parking analysis as well as an economic impact analysis. But we have provided you -- and this is the Clerk's copy -- is a concept plan which extracts from the SAP the key elements and visual City ofMiami Page 141 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 concepts of what will be created in the Design District. Chair Suarez: Thank you. Mr. Kasdin: With that, I would like to at this time ask Christina Miller, who is the planner on this project, to step forward. If you would Christina, take the other microphone. And as a matter of procedure, I would also request -- although she is a witness, I would request that this Commission also grant her a waiver. She has not completed a lobbyist registration as of this time, but she will promptly. Chair Suarez: Does any Commissioner have any objection to that? Commissioner Spence -Jones: No objections. Mr. Kasdin: Thank you. Chair Suarez: Okay, thank you. Mr. Kasdin: If you would, Christina, would you briefly ident yourself and your position? Christina Miller: Sure. Christina Miller. I work for Duany Plater-Zyberk & Company. We're the planners on the project. I've been the project manager since we initially started working on it last March. Mr. Kasdin: Okay. And would you briefly give us your professional and educational background? Ms. Miller: Sure. I have 16 years of experience in architecture and planning, master's degree in architecture and a master's degree in planning from the University ofMiami, and I've been working for this company which specializes in walkable communities for seven years. Mr. Kasdin: And you have also, in the course of your work on this project, studied both the City's Comprehensive Plan and zoning ordinance Miami 21. Is that correct? Ms. Miller: Yes. I worked on the Miami 21 -- Mr. Kasdin: Okay. Ms. Miller: -- code. Mr. Kasdin: With respect to the Comprehensive Plan, I'd like to point out and then ask you the following question. One of the goals of the Comprehensive Plan is that it maintain a land use pattern that protects and enhances the quality of life in the City's neighborhoods -- that's goal LU-1 -- and also protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use. Policy under the goal, Policy LU-1.1.7 provides that land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential office, live/work spaces, neighborhood retail and community facilities in a walkable area. Ms. Miller: Yes. Mr. Kasdin: Will this SAP provide that? Ms. Miller: Yes, the Special Area Plan does contain all of those uses. It adds significant retail, City ofMiami Page 142 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 commercial, and hospitality employment opportunities. And yes, it addresses the policy. Mr. Kasdin: Okay. Objective LU-1.3 provides that the City will encourage the development of well -designed mixed -use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives. Will this Special Area Plan and project provide that? Ms. Miller: Yes, it will. The project is uniquely tailored with a set of zoning rules that will result in a well -designed mixed -use walkable community within the City's Enterprise Zone and -- yes. Mr. Kasdin: Yes, thank you. Yes. 'Cause under the policy, under the objective LU-1.3.1, it says that the City will continue to provide incentives for commercial redevelopment and new construction in the Enterprise Zone. Will this do that? Ms. Miller: Yes, it will incentivize commercial redevelopment and reconstruction. Mr. Kasdin: And Policy LU-1.3.6 provides that the City will continue to encourage a diversification in the mix of industrial and commercial activities and tenants through strategic and comprehensive marketing promotion efforts in the Enterprise Zone. Will this do that? Ms. Miller: Yes, it will. Mr. Kasdin: Thank you. Just another couple of brief questions. Policy LU-1.3.14 provides that the City will continue to enforce urban design guidelines for public and private projects which shall be consistent with neighborhood character, history, and function and shall be in accordance with the neighborhood design and development standards adopted as a result of the amendments of the City's land development regulations and other initiatives. Will this proposed SAP and development accomplish that? Ms. Miller: It will accomplish it. The urban design guidelines are consistent with the neighborhood character, history, and function. And additionally, the new functions are integrated into existing active retail fashion and other tenants in the area. Mr. Kasdin: Two more questions. Policy LU-1.3.15 provides that the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses, including areas for employment, shopping, housing, and recreation in close proximity to each other. Will this SAP and project accomplish that? Ms. Miller: It will. It's a mixed -use project, a mixed -use infill project. Mr. Kasdin: Okay. And finally, under Policy TR-1.4.5, under maintaining an effective -- under the goal TR-1, maintaining an effective and cost efficient traffic circulation network that provides for transportation for all persons and facilitates commercial activities, which is consistent with and furthers neighborhood plans and support economic development, conserves energy, and protects and enhances the national environment. I would ask you if this project, as it is outlined in TR-1.4.5, will support and advance the principles that will lower design speeds and control of traffic volumes by utilizing traffic -calming devices including, but not limited to, modification of lane (UNINTET,TIGIBT,F) consistent with lower design speeds, wide sidewalks, medians, roundabouts, landscaping, attractive lighting, creative and informative signage, on -street parking, and other design features and amenities as appropriate. Ms. Miller: Yes. The project addresses all of these and, in fact, I think goes above and beyond it because the streets are considered part of the civic vibrance of this new master plan, so they're given special attention that will exceed anything probably seen in the City so far. City of Miami Page 143 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. Kasdin: Thank you. I have no further questions. And l'd just like to conclude by saying that this Commission may waive those timelines as provided in Section 7 ofMiami 21 when it finds that such action is deemed necessary to prevent injustice or to facilitate development of the City in the context of the adopted Comprehensive Plan. I think it is clear from what is on record and been filed with the City the extensive series of meetings with all City agencies and other agencies, with the demonstration here of how it is advancing the goals of the City's Comprehensive Plan, that this is a very meritorious application for waiver of an item that will come back to -- go to -- then forward to the PZAB and then back to this Commission for two hearings. Thank you very much. If you have any questions, we're available to answer them. Chair Suarez: Thank you. Sir, you're recognized. Mr. K. Robbins: Hello. My name is Kent Harrison Robbins. I'm an attorney. My offices are at 1224 Washington Avenue, Miami Beach, Florida. And I have some very good news for you: I am moving to the City ofMiami. I'm bringing my offices here. Chair Suarez: Good. Mr. K. Robbins: Twenty five years ago I went to the City ofMiami Beach -- Chair Suarez: You believe in Miami then, huh? Mr. K. Robbins: Yes. Chair Suarez: Good. Mr. K. Robbins: I went to the City ofMiami Beach, opened up my offices on Washington Avenue, and right after that there was a big economic turnaround ofMiami Beach. Chair Suarez: By the way, that's what Dacra wants to do too. Mr. K. Robbins: So now I'm coming here and expecting that hopefully there will be another economic turnaround in the City ofMiami andl expect it to happen. I'm here andl represent Essie Investments Holding, LLC (Limited Liability Company). They own property immediately adjacent to this SAP, this strategic Special Area Plan. Their property is located 120 Northeast 39th Street, Miami, Florida, which is within 375 feet of the proposed assemblage of property. The purpose of this motion was to -- or the matter before you is to waive time limits, and the waiver of time limits is only to be granted under exceptional or special circumstances. It has -- there has to be determination that the action is deemed necessary to facilitate development of the City in the context of the adopted Comprehensive Plan or any portion thereof. In other words, the evidence has to be put on that without the waiver of the time limits, they will not be able to be -- the developer will not be able to proceed and facilitate the development under the Comprehensive Plan. There has been no evidence that it's necessary to waive the time limits and no evidence has been put into the record to that effect. As far as what is actually involved in here, you have to realize that there are three properties that were rezoned a number of months ago, and as a result of that, 18 months has to pass before the Planning and Zoning Board has to consider a matter. That 18 months is in the code. To waive it, you have to establish that it's necessary to waive it in order to proceed with the -- to facilitate the Comprehensive Plan. That evidence has not been shown. In fact, there is an actual defect in the notice for this hearing. The notice -- and if you look on the radius map, the radius map is measured off of the three particular lots that rezone, not the entire assemblage. But what's being proposed -- and this is a legal issue -- as to go forward is the entire assemblage of property, which is not those three lots, but the entire Special Area Plan which, according to the retail street Special Area Plan, is much larger than the area that would be defined under the radius plan. Therefore, there's insufficient notice City ofMiami Page 144 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 given as far as posting, as far as advertising, and if there is any type of voluntary mailing, then that would not have been proper. But at the very least, the posting is inadequate and at very least, the advertising is inadequate as far as describing the area affected by this proposal. Therefore, this matter should be either denied or deferred until proper notice occur. As far as the substantive issues, there is no showing how this time waiver, this proposed expediting of the zoning process is necessary to facilitate development in the context of the Comprehensive Plan. What distinguishes this development from any other development order under the Special Area Plan and criteria? There's nothing that would justifi, the expediting of the time. And this board, this Commission should to avoid any potential, unfair, or unequal application of the waiver provisions of the zoning code. Any discretion that this Commission has should be exercised very carefully and with good cause. Is a waiver of time provisions necessary? That is the question you have to answer. What is the rush? This is a massive project involving 17 acres in the City. I'm sure it's wonderful in plan. That will essentially gentrifi, a challenged area. There is no showing that a four -month time advantage to this developer is necessary. Finally, and an issue that affects everybody that's affected in this City, is whether or not there is compatibility. Affecting neighborhoods adjacent to the 17-acre assemblage will forever change those adjacent areas by the rezoning forever. That impact on the edge will be significant. And to rush this process by shortening the time period does not seem to have been established as a good goal for this City. You should follow the rules. You should follow the time requirements, unless something very special -- an injustice would occur or if it was necessary and it's not necessary and there's no evidence. I'd ask this matter to either be deferred and renoticed -- goes back to the Planning and Zoning Board for renoticing properly and then back to this Commission for rezoning or to be denied entirely because there isn't proper notice in this matter and there's no evidence to support it. Thank you. Chair Suarez: Thank you, sir. Mr. Kasdin: Mr. Chairman, I -- Chair Suarez: You have some rebuttal? Mr. Kasdin: -- have brief rebuttal. Yes. Chair Suarez: Yes. Mr. Kasdin: Three points. Number one, the notice is only required for the three lots -- through the properties that were previously rezoned in January of 2011. All the other 16-plus acres -- Chair Suarez: You would need a waiver on those, right. Mr. Kasdin: -- you would need a waiver of number one. And in terms of the issue of necessity, it's only necessary to prevent an injustice. That's not the basis on which we are before you today, or to facilitate development. That's the basis on which we are before you today and it goes as a matter of fact and logic. If it cannot proceed, it will not facilitate development. You have before you this plan and project and the economic impact that has been in the City records since last January. So we are not traveling under the necessary to prevent injustice prong; we are traveling under the facilitating development, and that's what this is doing. And the final thing that would like to mention is in terms of compatibility -- and again, you can look at the plans and what I've submitted as well -- I think it is fair to say there is no project in the City ofMiami that has driven harder to be compatible with the surrounding neighborhood in terms of scale than this project. This is extraordinary in that regard, and it's self-evident by what has been submitted. Finally, I'd just like to briefly as Mr. Robbins to come forward to talk with respect for the need to move this forward now timing wise. Mr. C. Robbins: The timing is critical. There are several brands that we're talking to, and there City ofMiami Page 145 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 are interests that would like to see that those brands not come to the City ofMiami and perhaps go to other locations. Having said that, it could fundamentally shift the momentum and make us and the City lose the ability to have the entirety of the critical mass that's at stake. In addition, I do think it's very important to talk to the surrounding neighborhoods, and we've worked very closely with the Buena Vista Association, the neighborhood that completely surrounds these properties. They have endorsed the project and they have submitted a letter to the Planning and Zoning Department to that effect. So I agree you have to talk to the neighbors and we have and they've actually supported us publicly. Chair Suarez: Thank you. You want a brief rebuttal? Mr. K. Robbins: Just a brief rebuttal and that is -- Chair Suarez: We're not going to go -- just -- Mr. K. Robbins: -- and a question -- Chair Suarez: Hold on one second. We're not going to go back and forth -- Mr. K. Robbins: No. Chair Suarez: -- so -- Mr. K. Robbins: All want to do is -- Chair Suarez: -- this will be the last rebuttal. Mr. K. Robbins: -- ask a question of Mr. Robbins 'cause he made a statement -- Chair Suarez: Sure. Mr. K. Robbins: In the first -- in their rebuttal to me, they raised a new issue, and they said it was -- that it was necessary -- Chair Suarez: For development. Mr. K. Robbins: Right. And that it was necessary because of a time factor. I'd like to ask Mr. Robbins a question in cross-examination, ifI may? Chair Suarez: Sure. Mr. K. Robbins: Mr. Robbins, you say that you're talking to people. Which particular people are you talking to that have said that unless you do go forward immediately, they're going to not go forward with your project? Mr. C. Robbins: It's been very clearly published in the Wall Street Journal that we have advanced conversations with all of the brands in LVM&H (Louis Vuitton Moet & Hennessy). That's 12 brands that exist in Bal Harbor. I believe the number is 12. Twelve that are coming to the Design District potentially. We also have secured many of the brands in Richmond. Just -- some of these brands include Louis Vuitton, Christian Dior, Cartier. We've also secured agreements with Hermes and there are several others. Some of the actual brands remain confidential and they've asked me not to say them, but the potential goes way beyond just those. And time is critical. Chair Suarez: Thank you. City ofMiami Page 146 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Mr. K. Robbins: Do you have any written documents that require you to close that would be affected by the four-year -- four -month shortening of time? Do you have any specific documents here today that would show that you'd be adversely affected by any contractual relationships by the shortening of the four -month time? Mr. Kasdin: We have no documents here today. We've presented live testimony from the principal developer and he's identified -- Mr. K. Robbins: I'm asking him the question. Mr. Kasdin: -- some entities. Well, we're -- Chair Suarez: Wait. Mr. K. Robbins: I'm cross-examining a witness. Mr. Kasdin: -- providing the answer. There are no documents here today from any of those tenants. Chair Suarez: He's providing you an answer. Mr. K. Robbins: I'm -- okay. Chair Suarez: He's providing you answer to the question. Mr. C. Robbins: Under oath, I could tell you that time is absolutely essential and that it's absolutely critical, and I'm prepared to stand by that testimony under oath. Chair Suarez: And we're the trier of fact, so -- Mr. K. Robbins: Right. Chair Suarez: -- we're going to be the ones that are going to make that ultimate decision, so if -- Mr. K. Robbins: That's it. Chair Suarez: Okay, great. Mr. K. Robbins: The only thing is there is the burden to show is deemed necessary and that deemed necessary applies both to prevent injustice or deemed necessary to facilitate development in the City in the context of the adopted Comprehensive Plan. You have to be careful. When you give these waivers to one person, you're opening up the door to other waivers. You need to have a very strict standard and the evidence has to be in the record. Chair Suarez: Thank you. Mr. Kasdin: There's no precedential value whatsoever, Mr. Chair. Chair Suarez: Of course not. I -- look, I -- we can get into a long discussion about whether or not these time limitations should have been implemented in Miami 21 in the first place. Under 11000 you can ask for a zoning change at any time. So you know, it's something that -- there's been a lot of issues with Miami 21 that people have complained about andl think this is one of the ones that I think has frustrated some people, particularly in a situation where you have a down economy and, you know, you want to get development going. All development is needed. City of Miami Page 147 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 That's the problem. All development, any development is needed right now because it's needed by the City ofMiami to increase its tax base. So you know, if you talk to any of our, you know, 3,700 employees who have been -- who have received drastic pay cuts over the last three years, they'll tell you that development in the City ofMiami is not only needed but it's critical. So I don't know if you have anything to say from your professional opinion on this matter, Mr. -- Commissioner Spence -Jones: Mr. Chairman, I have a few things, ifI may? Chair Suarez: Yes, of course. Commissioner Spence -Jones: I just want to -- Ms. Thompson: Excuse me, Chair. IfI might, before you go further with your discussion, do you want to open and close your public hearing? Chair Suarez: Yes. Is there anyone else from the public wishing to be heard on PZ.4? Seeing none and hearing none, the public hearing on PZ.4 is closed. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Thank you, Mr. Chairman. I want to -- first, before we get started, I'm glad was able to hear both sides of this issue. As you know, this item was deferred from at least a couple of meetings, but I want to at least put some things officially on the record andl also want to make sure that Madam City Attorney and the Department head also answer some of my issues and concerns. So the first thing thatl want to do, even though it was already put on the record by Mr. Niesdin [sic] Kasdin about the disclosures -- just so we're on the same page. Even though this is not a Jennings issue, I want to make sure that it's clear that, you know, from our office, which is -- this is actually in my district. I have had -- expressed a few concerns about the overall project itself. But I want to at least have Francisco give me some clear indication as to where we are and why the Department's recommendation -- because that's where it came from -- was not in support of the waiver 'cause -- so I really want him to actually put that on the record. But before I do that, I did ask the Law Department for a legal opinion on when and how and best our office may enter in discussion into -- around community benefits 'cause that was the biggest concern to me representing that particular area, making sure that the residents of area at least receive some benefits from it so -- but I wanted to be clear because, again, these are two separate discussions. One was in reference to a Special Area Plan, which we're not addressing now. We're addressing a totally different issue, but I wanted to be clear -- I want it to be clear from the City Attorney exactly what we were able to talk about and what we were not able to talk about. Now, I have to say this, I do understand that some of the developers understand the concepts of community benefits agreements and some don't, but for those that know me and that have seen me sitting up here, I'm always pushing very hard to make sure that developers, builders, or whatever you want to call, when they come to do business or create projects in the City ofMiami, that they're mindful of how important it is for them to give back to the residents of the City ofMiami, so I've been a very strong advocate. What I've said to one group, I say it to the other, and that is usually to support the Miami Works initiative that focuses on hospitality, culinary, construction, retail, all institutes to train our residents to benefit from all these great projects that are coming. So it should be no surprise to Dacra or anybody else that this is a big concern for me and always has been a concern for me now, even though we're not dealing with the community benefits agreement today. We're dealing with a totally different issue. I just wanted to make sure that I'm clear on that. Mr. Kasdin: May I, Commissioner? Commissioner Spence -Jones: No. I want to finish, okay. Mr. Kasdin: Sure. City ofMiami Page 148 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Spence -Jones: In any event, I would like Legal to explain under what circumstances can our office, meaning District 5, engage with any builder, developer on the subject of community benefits agreements in its development plans because I want to make sure in --I want to be very clear. I want things to be transparent. Quite frankly, Niesdin [sic], I was very -- I was not happy with the communication around this overall issue. You know, the objective for me as an elected official is yes to support major development company, but it's also important for me to support residents that live in the community as well so that they benefit, so I have to represent both of the sides. And, quite frankly, I really did not appreciate, you know, how the -- I do not appreciate how it was handled, period. It was very disrespectful so -- but I'm not going to put my personal issues on it, but I want to be very clear that I thought it was absolutely wrong, okay. So from Legal, if Legal can just make sure she puts it on the record so I'm clear that there are no issues regarding the community development -- I mean, community benefits agreement in this particular item. Ms. Chiaro: To the rest of the Commission, Commissioner Spence -Jones has asked for a legal opinion related to when Commissioners may enter into discussions with applicants regarding community benefits pursuant to Special Area Plans. As you know, Miami 21 requires that a Special Area Plan provides certain community benefits, and the only way an applicant for a Special Area Plan can understand what those community benefits important priority issues are to the individual Commissioners is through a discussion with the Commissioners. While a Special Area Plan proceeds as in the same way that a change of zoning proceeds, a Special Area Plan is much broader and contains much -- many more requirements so that the process is the same as the zoning, but a Special Area Plan encompasses much more. The written opinion that we will issue for Commissioner Spence -Jones will state that a Commissioner may communicate with a developer regarding the benefits that are particular to the area and so long as those community benefits do in fact bear on a benefit to the entire area, the geographic area where the development is, and they don't relate to individual contracts with a third party, that those are permitted conversations and the discussion can be had. So generally speaking, that's the way those discussions happened. They -- if they come at -- with a need for a Jennings disclosure, then that Jennings disclosure should be made at the time the consideration of the site specific plan is presented, but that's what the opinion will say. Chair Suarez: Thank you. Commissioner Carollo. Commissioner Spence -Jones: I'm not finished. Chair Suarez: One question. Commissioner Spence -Jones: I -- I'm -- Chair Suarez: He just has a quick question on that issue. Commissioner Spence -Jones: Okay. Can -- okay, but -- Commissioner Carollo: It's a follow-up on that issue. And thank you, Madam City Attorney. As a matter of fact, that was actually the reason that I declined. When I was reached, I declined because in an abundance of caution, I wanted to make sure that, you know, there was no issues with communications or Jennings ruling. Now, when you're saying about community benefit and, you know, the benefit of individuals in that area, so does that mean that the district Commissioner can speak to a developer or does that mean that any Commissioner can speak to that developer? Andl actually appreciate this because, again, that's why, you know, always in an abundance of cautions, I decline to speak with them just because of that. I just want to make sure that, you know, I was following all the rules and regulations and laws. Ms. Chiaro: Insofar as community benefits are concerned -- and that's what I'm focusing on -- City of Miami Page 149 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Carollo: Uh-huh. Ms. Chiaro: -- any Commissioner, once a project is proposed as a Special Area Plan, can express the wishes of what those benefits are. And you used the word in your question to me that related to individuals in the area. The community benefits encompass not individuals, but a benefit to the area as a whole. For instance, greenways, parks, those kinds of things -- Commissioner Spence -Jones: Jobs. Ms. Chiaro: -- jobs; an overall concept not benefiting particular individuals, but benefiting the community at large. And any Commissioner can discuss those preferences for particular community benefits on any Special Area Plan -- Chair Suarez: And that's a contract. Ms. Chiaro: -- regardless of what district. Commissioner Carollo: So area, you mean -- area meaning the City ofMiami, not necessarily area meaning the district? Ms. Chiaro: Well, the special -- Commissioner Spence -Jones: Yes, it's got to be -- it's a area within the district because it's -- if they're get -- I'm sorry. Go ahead. Commissioner Carollo: Madam City Attorney. Ms. Chiaro: The Special Area Plan requires that community benefits be provided in the special area. Commissioner Carollo: And you don't have a problem with any Commissioner then having dialogue with the developer with regardance [sic] to jobs and --? Commissioner Spence -Jones: Parks. Commissioner Carollo: Right, exactly. Commissioner Spence -Jones: Whatever it is. Ms. Chiaro: So long as the benefits are to the community as a whole. Commissioner Gort: Not the individual. Commissioner Carollo: Got you. Commissioner Spence -Jones: Commissioner Sarnoff -- Chair Suarez: Yes. No, please. Commissioner Spence -Jones: I mean, not Sarnoff. You had a question? Chair Suarez: No, no, no, no. Go ahead. Commissioner Spence -Jones: Okay. City ofMiami Page 150 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: No. I yield to you. Commissioner Spence -Jones: All right. So -- thank you, Francisco, for clearing that issue. So I want it to be very clear because the communication of this particular item that we're voting on, PZ.4, being held up because of community benefits is absolutely not true or correct. Andl want to make it very clear that from D5 standpoint, from my office standpoint, the communication that we received in my office came from Francisco, the director, and came from our City Attorney, advising us on this issue about PZ.4 and about them not supporting the waiver and why. So the two being even mentioned together is absolutely not true and not correct and a very false statement, so I wanted to be very clear and put that on the record. Andl just would like for Francisco to put on the record, so that it can come from him, the reason he advised our office that -- what he advised to our office requesting -- about this waiver that was being requested. Mr. Garcia: Thank you, Madam Commissioner. What I have expressed consistently is that our preference, the Department's preference, and my personal preference would have been for this actual request to have been placed in the context of the Special Area Plan presentation, we think that then you would have -- you, the Commission, would have had the benefit of hearing the entire plan and then you would have been better able to assess whether or not this particular application made sense and was worth supporting. That notwithstanding, we haven't challenged the applicant's ability to make the request. We think they have introduced evidence on the record today that substantiates their request. We simply think and have expressed to them consistently that it would have been preferable in our minds that it be presented -- this request be presented in the context of the SAP presentation because that would have given you more information to substantiate the grounds on which you can either approve or disapprove this particular request. Commissioner Spence -Jones: Okay. So is your answer yes or no, 'cause that wasn't a yes or no answer to me? Mr. Garcia: Okay. Commissioner Spence -Jones: Honestly. Mr. Garcia: Fair enough. Commissioner Spence -Jones: I mean -- because, you know -- and this is the problem and the concern that I've had is ifI come and sit down with you and have a discussion on an item, and I'm expecting for staff to give me a recommendation to let me know, Commissioner, we think this grant -- this waiver is right or wrong. And the flip-flopping situation where I'm -- the district Commissioner's looking like the bad guy -- because I get up here and when I vote, I'm voting based upon what you guys tell me. But then when we have the additional conversations with the applicant, they get the impression that I'm the holdup. I think it's very wrong for -- to put any district Commissioner in that position because all we want to hear from you is yes or no, okay, and then we hear testimony from both sides. So can I -- I just want to -- you're saying to me, so I'm clear, that until they put -- what they put on the record now, which is what he just brought up now, you're saying that it is of your opinion that they're meeting that -- Chair Suarez: Of course, yeah. Commissioner Spence -Jones: -- the waiver requirements? Mr. Garcia: Andl apologize for the lack of clarity. Sometimes planning and zoning issues are that vague in essence, and we certainly do try, Commissioner, to make them as clear as we can. So I will try once again to make it more concise to perhaps shed some further clarity onto it. The issue before you today clearly is whether or not to grant the waiver. When asked whether this City of Miami Page 151 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 waiver is needed, we have provided repeated advice that in our opinion this waiver is not needed. Commissioner Spence -Jones: So it's not needed? Mr. Garcia: In our opinion this waiver is not needed. Commissioner Spence -Jones: Not needed? Mr. Garcia: And this -- that is correct. And that has come from us in the Planning & Zoning Department andl believe that in conversation with the CityAttorney's office that has been corroborated, so that's step number one. Step number two is if the waiver should be needed and the applicant has made a case to us and presumably to others that they believe there is language that indicates that the waiver may be needed -- so question number two is, if the waiver is actually needed, when is the best time to actually have the waiver heard? The answer to question number two, in our opinion, and my recommendation consistently has been I would prefer that the waiver be heard concurrently with the presentation of the Special Area Plan. Again, the applicants deemed that it is safest and best in their opinion to have the waiver heard before the presentation of the Special Area Plan just to -- just out of an over abundance of caution; not our preference, but they have the right to apply, which they are doing, which they are exercising today. Step number three, if the request for the waiver is then actually presented to you today, what substantiation for that request is needed. And then what I have told you is that on the record up until right now, we didn't really have the substantiation needed to be able to recommend favorably on it. What I am telling you now, however, is that the presentation they have just made has provided you, the Commission, in our opinion, enough information, enough substance for then -- for you now to be able to either approve or disapprove their application as you see fit. Commissioner Spence -Jones: Okay. So I'm going to ask Madam City Attorney -- because when I look at -- what I'm looking at the waiver of time limit, it says necessary to prevent injustice or facilitate development of -- the development of -- in the City. So Madam City Attorney, I just want to make sure -- 'cause I'm putting all this stuff on record -- I would like -- Legal, I would like for you to explain under what circumstances the code allows the Commission to grant a waiver of the 18-month rule that prohibits the rezoning of a property within an 18-month period? Ms. Chiaro: The determination by the City Commission -- and as the Chair has stated on this item -- is whether you receive the evidence before you as fitting within the necessary to facilitate the development of the City in the context of the adopted Comprehensive Plan. If you believe that the information presented to you is enough to make that determination, that's your finding and you may vote in favor of granting the waiver. I would like to state on the record also that the reason that the Law Department -- that our opinion -- the City Attorney's opinion, in conjunction with the Planning Department's position, was that this was an unnecessary waiver was because the presentation to the Planning, Zoning and Appeals Board was prohibited within 18 months on a parcel -- a rezoning of a parcel. The presentation is, as I stated before, much more than a rezoning. So the presentation of the Special Area Plan, we believe, could go to the PZAB as a Special Area Plan within the 18 months and then that small parcel that was necessary to have a waiver would have come to you, but the PZAB could have heard it. Mr. Kasdin wanted to bring this request for a waiver before you to make it unquestionable that the PZAB could consider the Special Area Plan and that he had this waiver before he went to the PZAB with the Special Area Plan. Chair Suarez: Can I just -- Commissioner Spence -Jones: Okay. City of Miami Page 152 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Chair Suarez: -- chime in on this real quick? Commissioner Spence -Jones: Sure. Chair Suarez: I just want to say that -- and just maybe, hopefully, I can simplify this and we can move on. This to me is a -- and correct me if I'm wrong, Francisco -- this is a procedural thing, not on the substance of the actual project itself. This is simply a procedural waiver, correct? Mr. Garcia: It is, sir. However, in order for the procedural item to be dispensed with -- Chair Suarez: Sure. Mr. Garcia: -- disposed of -- Chair Suarez: It has to meet the standard. Mr. Garcia: -- they have a burden to substantiate the request. Chair Suarez: I agree. And it says here on the item thatl have in front of me, PZ.4, Planning & Zoning Department recommendation: approval. Mr. Garcia: That is correct, sir. Chair Suarez: Okay. Commissioner Spence -Jones: Okay. So -- thank you, Maria -- the only thing that I want to just say in closing on this whole issue, I've heard both sides of the equation and at this point, Niesdin [sic], it's definitely not to prevent injustice. I guess your justification of this is to facilitate development, correct? Mr. Kasdin: Yes, Commissioner. Commissioner Spence -Jones: And then based upon what Mr. Robbins got up and said that not having this waiver at this particular time -- no, I want to be clear. Since it's not -- no, I'm not going to put words in your mouth. Prevent injus -- since it's not to prevent injustice, can you please explain to me how you -- just so I'm clear, how you're justiing to facilitate the development portion of it. How was this waiver preventing you from doing that? Mr. Kasdin: Well, in the first sense, of course, this is a portion of the overall project, and if it cannot move forward now, it will delay the ability to implement this project or certainly the entire project. Secondarily, I can bring Mr. Robbins back up. He has testified that this would have a likely impact on the tenants who will be committing to this project and the time frame for committing, so it does jeopardize the project in that fashion, Commissioner. Commissioner Spence -Jones: Okay. So you need -- I'm just putting it out there. So you're seeing Louis Vuitton and Christian Dior and all the ones that are looking at coming here will, at this point, say we're not going to come because you didn't get the waiver? Mr. Kasdin: I'm saying it jeopardizes all of those tenants coming. I'm not saying as to any specific tenant. But this is an overall project. It's not just one store or two stores. And the tenants are being attracted because of the environment that's being created in the overall project, and so if a piece of the project is stopped or delayed, that could have, very likely -- I think that was Mr. Robbins' testimony, Craig Robbins' testimony -- very likely impact tenants from coming -- delay tenants from coming and that will have a negative economic impact on the project, the neighborhood, and the City. City of Miami Page 153 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Commissioner Spence -Jones: Okay. All right, and let me just say this 'cause I know my -- I can tell when they get impatient; they start standing up and saying, Michelle, it's time to go home. Let me just say this in closing. Mr. Robbins got up and he talked about how the waiver -- having the waiver gives you a certain amount of protection for development that needs to happen within the area, like this gives him the ability -- Mr. Kasdin: Yes. Commissioner Spence -Jones: -- to be able to do that. You know, I just want to be very clear -- and my apprehensions from this from day one was -- and this is the reason why I asked the City Attorney to give me a legal opinion because, for some reason, both things were being connected and they did not need to be connected. I just want it to be very understood that from my district's perspective, I have very few major projects happening like this and, you know, we can look throughout D5. I believe probably the only area that is a growing area that will provide at least a certain level of these kind of jobs is really where this space is. It's obvious. So I never want to be in a position to stop progress. That's not what this is ever about for me. It was always about making sure that the little people from the neighborhood always felt that they were able to participate and be a part of what was happening in that overall area. I heard Craig get up and talk about how he's doing the parks and all of that. And yes, the neighborhood associations, all of them -- at least know one of them -- have been contacted, butt know at least one of them, they have been working hand in hand with them on the green space. My concern became the jobs, you know, and again, I'm not going to confuse the two discussions. The only reason why I'm even bringing it up now is because of you guys confusing the issues. I -- this -- in speaking to my City Attorney, both of them, Julie and Maria, I just wanted to make sure I -- we have no issues -- I have no issues in any vote I decide to take because, for me, it's about making sure that the residents are comfortable and happy with what they see happening in the overall area and that I, as their district Commissioner -- andl understand that I'm Dacra's district Commissioner too andl have to look out for them as well, but just making sure that there was somebody up here fighting for their issues as well. I thought that it was important. Now listening to my director of Planning & Zoning again, I guess after what was put on the record today and by this gentleman here that came to speak out against the issue, I do have apprehensions andl do have huge concerns about it, especially with how it was handled, but I'm going to say this now and in the spirit of good faith, okay, and hopefully we can, you know, foster a new beginning with this particular development. I'm going to go ahead and move ahead with waiving on the item. Mr. Kasdin: Thank you, Commissioner. Commissioner Spence -Jones: Okay. Chair Suarez: That's a motion? Commissioner Spence -Jones: And -- no. Chair Suarez: Okay, sorry, sorry. Sorry for stealing your thunder. Commissioner Spence -Jones: But I want to be very, very clear, based upon what my City Attorney has communicated to me, that there is no issue whatsoever on this item, correct Madam City Attorney? Ms. Chiaro: That's correct. Commissioner Spence -Jones: Okay. And that after this item is voted on and approved today, that we can continue the efforts and there's no conflicts at all with either one of the Commissioners working on these community benefits agreements and it's always going to be, for City of Miami Page 154 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 PZ.5 11-00477wt me, in the end about jobs and that's the Miami Works program. You can choose any program you want to work with, andl want to make sure that's clear and transparent so that there are no issues around it. Choose whatever you want, okay. But I think it's important for the developer to understand the importance of people from the neighborhood and people from our entire City getting those jobs and not coming from outside of the City to get the jobs, and that's what we fight for every single day. So if I'm getting clearance from my director and clearance from the City Attorney, I will move the item. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Carollo. Any further discussion? Hearing none, all in favor, signify by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Mr. Kasdin: Thank you. Chair Suarez: Meet adjourned. Mr. Kasdin: Mr. Chair, ifI may say one thing briefly. Chair Suarez: Yes. Mr. Kasdin: I thank the Commission. Commissioner Spence -Jones, ifI may, I'd like to apologize for the manner in which think was discussed with you and your staff and assure you that the developer, Craig Robbins, is committed to a robust program of neighborhood community benefits and we'll be working with your office and seeking your guidance on that. Thank you. Chair Suarez: Thank you. Meeting adjourned. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY INES MARRERO-PRIEGUES, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING THE WARRANT SPECIAL PERMIT FILE NO. 11-0020, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MAY 5, 2011, TO ALLOW A SPECIAL TRAINING/VOCATIONAL SCHOOL (EDUCATING HANDS SCHOOL OF MASSAGE) WITHIN AN EXISTING BUILDING ZONED "T6-12-L", LOCATED AT APPROXIMATELY 3883 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 11-00477wt CC 04-26-12 Fact Sheet.pdf 11-00477wt PZAB Appeal Ltr & Reso.pdf 11-00477wt Zoning & Aerial Maps.pdf 11-00477wt Warrant Appeal Ltr, Final Dec., Application & Plans.pdf 11-00477wt CC Legislation (Vers. 3 & 4) & Exhibit.pdf LOCATION: Approximately 3883 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] City of Miami Page 155 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Iris V. Burman, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions* of the Warrant and approval of the appeal. PLANNING, ZONING AND APPEALS BOARD: Approved the Warrant appeal by Geoffrey Bash, Abutting Property Owner, on December 14, 2011 by a vote of 4-3. *See supporting documentation. PURPOSE: The approval of this appeal will allow a massage school. Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Please refer to Order of the Day Tor discussion regarding item PZ.5. 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 END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 12-00253 STATUS OF HIRING POLICE OFFICERS. 12-00253 Email - Status of Hiring Police Officers.pdf DEFERRED Note for the Record: Item D2.1 deferred to the Commission Meeting scheduled for April 12, 2012. Chair Suarez: He's also asked to continue D2.1, which is his discussion item, so that'll be continued to the next Commission meeting, Madam Clerk. City of Miami Page 156 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 D4.1 12-00249 Commissioner Spence -Jones: Is he continuing both? I thought he had two items. Chair Suarez: Any discussion items that he has he's continuing. Priscilla A. Thompson (City Clerk): Is this -- Commissioner Spence -Jones: So he's -- Ms. Thompson: -- it's on D2.1. Commissioner Spence -Jones: Okay. All the blue pages out? END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING MIAMI-DADE COUNTY CEDING CONTROL OF TRAFFIC CALMING DEVICES IN RESIDENTIAL NEIGBORHOODS. 12-00249 Email - Traffic Calming Devices.pdf DISCUSSED Chair Suarez: You know what, I can do my discussion item while we're waiting as well, and if Commissioner Carollo has anything, pocket or discussion. My discussion item has to do with basically the fact that the County is the one that controls traffic calming devices. It controls our non -arterial streets, by and large; and it's been a very frustrating experience, as a Commissioner, when we have ordered -- our office has ordered traffic studies. I would say the vast majority of the traffic studies that we've ordered have been denied and, you know, there's, in my opinion, a lot of flaws with the analysis that are kind of systemic, one being that it takes a relatively small sample. It's a few days that they have the traffic counter there so I think that's -- that could lead to some inaccurate reporting. The second thing is that a lot of people don't -- they don't call the police when they have an accident, so part of the data that is used for the traffic -- to support the traffic calming study is they go to the police department and they ask for what were the accidents that occurred. I just got a call today from someone on 31st and 12th who's irate about that intersection and the lack of our ability to control traffic there. Obviously, we could have a temporary solution, which is to have a police officer or motorcycle officer there doing a radar but, you know, that's expensive and that's temporary. You know, what we have done with a lot of our traffic control devices is create a permanent solution that prevents people physically from kind of breaking the law. The other thing is that, you know, we have to think about what kind of a city and a community we want to be. Do we want to be commuter -driven, like we have been for the last few decades, or do we want to be a city that is pedestrian friendly, a city that -- you know, where you can walk your dog and, you know, walk your child, and if City of Miami Page 157 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 you're an elderly person, where you could feel safe walking the streets or crossing the streets without fear of being run over by someone who is cutting through the neighborhoods to get to a major arterial. In probably the '90s, the homeowners association that I live in, Coral Gate, did a traffic study and they determined that 1,900 cars were traversing the neighborhood every day. So you know, they were given permission to close off certain areas and they were able to close off certain areas and now you have a complete change in the quality of life. The quality of life in that area, there's never any cars in the neighborhood, you know, it's extremely safe. So what I've discussed for a while with the Administration -- and, you know, we have three Commissioners now so we could direct you -- is to work with either my office or whatever to come up with a county ordinance that will hopefully be sponsored by a County Commissioner which would cede ultimate -- the ultimate decision -making authority to the City so that the City would be the entity that makes the ultimate and final decision so that we can weigh the anecdotal evidence, which they obviously don't include; we can weigh, you know, accidents that may not be reported and other things and more qualitative factors in making the decision as to whether or not we want to implement a traffic control structure. It also would compress tremendously the time frame that it would take. I don't think it's necessarily bad to have a traffic study. I think in a lot of cases, it's helpful. But in a lot of cases, it just frustrates the process. I mean, I have at least nine or ten denials in my office, and it's very, very frustrating when your residents are telling you -- you know, calling you and asking why can't you get this done. So I don't know how my colleagues feel about it, but I would love -- yes, go ahead. Johnny Martinez (City Manager): I feel your frustration. I personally went through it when I was with DOT (Department of Transportation). And there's reasons why the County's a home rule county, and they kind of govern the manual and uniform traffic control devices so that if you're in the City ofMiami or Dade County or Hialeah, everything is kind of the same. Just because you cross the boundary, it doesn't change. That's not to say that we can't be part of their process. Maybe not have the ultimate decision, I don't know. That's up to the board to -- the Commission to direct. Chair Suarez: Right. Mr. Martinez: I was just thinking out loud. Maybe be part of the process as they're making the decision: Yeah, that traffic circle is warranted, the four-way stop is warranted. Be part of that to interject some of that data that gets lost in the under -reporting of incidents. Maybe we can be part of it instead of just submitting -- asking for the report and being denied or approved. Chair Suarez: Whatever we can do to have a greater say in the ultimate outcome -- Mr. Martinez: Yeah. Chair Suarez: -- for me, would be preferable to the status quo. Mr. Martinez: Exactly. Chair Suarez: I mean, we have a situation where -- The problem with the County is that they look at transit as getting across the county, which is great for them but at the expense of our residents in many cases, and I'll give you a perfect example. The 24, which is the bus that runs up and down Coral Way, the County, in its infinite wisdom, decided that they didn't want it to be going down Coral Way so they were going to divert it and bring it down 22nd Terrace, and brought it through 22nd Terrace and then turned it onto Coral Way later, you know, through -- so they basically diverted a bus into a neighborhood. I mean -- and -- in -- I don't know if it was a response to some complaint from Coral Gables or what the story was, but you know, thankfully, we were able to have a community meeting and they thankfully relented and stopped that practice but -- I mean, it's just very frustrating when you have residents who have identified a problem. You have several residents who call on a constant basis and you just can't get anything City ofMiami Page 158 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 done. You can't get anything accomplished for them. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Carollo: Thank you. Andl clearly know what you're saying. There's various times -- as a matter of fact, I spoke to the County Commissioner in our area, Commissioner Barreiro, with regards to that because there has been very various times, not to say numerous, that we have requested different traffic signals or devices and they have been turned down with the County. And definitely, not wanting to go into a elaborate discussion about this, we'll discuss it a little bit later, but -- 'cause I'm really trying to seek solutions. It's a little interesting with regards to the Marlin's stadium also, you know. You know, the traffic devices, is it the City? Is it the County? And here you're seeing that, you know, we're mentioning, you know, that we want to be able to have the ability for -- you know, not in that area but citywide -- to be able to, you know, have some control of you know, the signage, the signals and so forth. And again, I definitely do not want to get into a long discussion about that because, you know, I really am seeking solutions. I want to be too constructive andl want to be able to move on, okay. But yeah, I definitely will be in agreement with Chairman Suarez as far as, you know, seeking some type of help from the County or some type of ordinance. And, you know, I briefly spoke with Commissioner Barreiro about it yesterday andl don't know if he mentioned that he tried to do something in the past or not, but you know, it's something that we're discussing. And you know, I think this will definitely have a positive outcome in the future. Chair Suarez: And he's really been a strong advocate for us on a lot of our issues in the City -- Commissioner Carollo: Yes. Chair Suarez: -- and carried the water, so it's really nice that, you know, he may be interested. Vice Chair. Vice Chair Sarnoff. Sorry. It seems to me that, certainly for FDOT -- andl know Alice has been at almost every FDOT meeting that I've been at, and I'll speak just to one simple road 'cause you can simply get this in your head, Brickell Avenue. A hundred and sixty thousand people a day come to the City ofMiami. It is in Florida Department of Transportation's interest to get 160,000 people into the City ofMiami as efficiently as possible and out of the City ofMiami as efficiently as possible, and when people didn't live here and our streets were different, that was probably the call of the day. But having said that, there are now 66, 000 people living on Brickell Avenue and those 66,000 people want to be able to cross the street andl think, as you know, 1814 Brickell will be opening up in the next two or three weeks and we presently have a traffic signal that flashes yellow. Flashing yellow in Miami usually means to people quick, speed up. So what we have is a huge potential -- And by the way, candidly, directly where that particular signalization with the flashing yellow happens to be UTD (United Teachers of Dade). UTD, as you all know is a senior citizen home, so you have -- I think the average age, I think, is 74 or 75 years old so -- Commissioner Carollo: 1809 Brickell Avenue. Vice Chair Sarnoff. 1809? Commissioner Carollo: Yes. Vice Chair Sarnoff. Yeah, the exact address, right. And literally, I hope that they get to enjoy 1814, which is directly across the street from them. And we actually -- for those of you don't know that, it was a joke in my office. We got Burt Gonzalez -- andl told Gus Pego that he would City ofMiami Page 159 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 be wearing a skirt if he did not -- and he'd be crossing the women -- if they didn't put a signalization out there. Now they put what they call the HAWK (High -Intensity Activated CrossWalk), which was the state-of-the-art whatever it is. You also see something similar to that right here in front of City Hall, just a little bit to the north, and it's a flashing yellow. Now, Alice and were at a meeting where they actually videotaped people pushing the button and trying to cross and the cars actually bared down and tried to speed up to get past the yellow flashing. Yet, FDOT (Florida Department of Transportation), in its wisdom, or lack thereof said yellow is the call of the day, when you could have aflashing red. Now, Johnny, I don't -- I'm not going to debate the international code for flashing reds or flashing yellows, but you have a problem and you have a jurisdiction that doesn't want to hear from you because I'm not -- you know, candidly, if my name is Carlos Lopez-Cantera, I would bring an issue up and I'd say let's talk about defunding the highway bill and all of a sudden, he'd have Gus Pego's ear. Now, Gus is a very nice guy. That's not to disparage him at all. He's a very nice guy. But he doesn't really listen to us. Andl know Alice was at a meeting when, I would say, 200 people showed up. It was the biggest group I've ever seen assemble in Brickell. And they kept on asking Gus to keep the speed limit at 30 miles per hour, which it presently is because of the construction; and no, it's going to go to 35 miles per hour, no matter who asks the question, no matter what presentation was made. And you know, the only thing know how to do at this point, Mr. Manager -- although you know the rule book better than anybody. You and Alice can show here's the general rule, and I've seen you with Gus say, but here's the exception. You know, we either sit down, I think, with you and/or Alice and we come up with some sort of solution here or them -- the only other alternative that know of is that we go to our state elected officials, who they do listen to because they have the power of the budget, and if they defund them, they start listening to them, but it shouldn't have to come to that. Chair Suarez: And you know, if I may, I just want to dovetail off what you said. I think your Brickell meeting must had a big impact on the secretary because we had a meeting last week where I invited also the majority leader who represents, you know, the area in question, which was on Coral Way, and they're going to repave Coral Way in the next year or two. And one of the issues was look, we have an opportunity now to make it more pedestrian friendly, to make Coral Way more pedestrian friendly, which is keeping -- in keeping with our investment in trolleys and things of that nature and making Coral Way more of a pedestrian traversed area, which it's not that much. So to their credit, they did a study and they have recommended four of those, you know, flashing beacon, you know, whatever, you know -- and then one signal so -- Vice Chair Sarnoff Don't make it yellow. Chair Suarez: Yeah. Maybe it should be red or something, flashing red. Vice Chair Sarnoff Flashing red. Chair Suarez: But the point is that, you know, my experience has typically been with FDOT the same as yours, and this was kind of like refreshing, that last week, you know, something different occurred. But I think you're right. I think the unfortunate thing, it may have happened because I invited the majority leader to be at the meeting. So I don't know, you know, if you would have to invite your -- Vice Chair Sarnoff Well, I'll invite Carlos because obviously he is kryptonite, and Superman -- Chair Suarez: Right. Vice Chair Sarnoff -- doesn't like kryptonite, and it seems like FDOT is Superman. The only thing that they respect is their budget. Chair Suarez: Yeah. And I think it's different in -- I mean, it's going to -- I think it would be City of Miami Page 160 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 NA.1 12-00344 harder to pass a state law that would allow us to get involved in the traffic control and then getting a County ordinance because the traffic -- you know, I don't have a problem with the County and the state, to a certain extent, using the major arterials to get people to traverse the county. I don't have an issue with that. My issue is the neighborhood streets where people are cutting through to get -- to save two seconds, you know, a minute, and what happens is it completely diminishes the quality of life of that area. I mean, you can't -- like I said, you can't walk a dog. You can't -- if your dog gets lose, you freak out. You know, you can't have a child, you know, who could run astray and get hit by a car. You know, if you're elderly, you have a hard time crossing the street. So you know, it's something that it's just been a big -frustration. I got just got a call when I was at lunch from a resident who was very upset that nothing has been done on -- Vice Chair Sarnoff We should coin a phrase. We should call it Calle Darwinism. Chair Suarez: Yeah, exactly. Vice Chair Sarnoff Only the fit are allowed on the street. Chair Suarez: Yeah. So you know, if the Administration will work with my office, I'd really like to bring something to discuss and maybe resolve and then send to the County Commission. Thank you. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM DISCUSSION BY COMMISSIONER SPENCE-JONES REQUESTING THAT EACH CITY COMMISSIONER NOMINATE TWO CITY DIRECTORS FOR THE PURPOSE OF RECOGNIZING THEM FOR THEIR OUTSTANDING LEADERSHIP AND ABILITY TO INSPIRE OTHERS AS PART OF THE BELIEVE CAMPAIGN. DISCUSSED Direction by Commissioner Spence -Jones to the City Clerk to receive the nominations from each City Commissioner and forward them to the Chair for recognition at the April 26, 2012 City Commission meeting. Priscilla A. Thompson (City Clerk): Can you hold on one second, please? We're not -- we -- Chair Suarez: Reopen -- Commissioner Spence -Jones: Yeah. I just have one thing -- Ms. Thompson: Okay. Commissioner Spence -Jones: -- I need to say. City of Miami Page 161 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 Ms. Thompson: Go ahead, you're fine. Go ahead. Chair Suarez: Reopening the -- Commissioner Spence -Jones: Mr. Chairman, I know that you are the chair of the Believe Committee. Chair Suarez: Yes, ma'am. Commissioner Spence -Jones: I know that the City employees have already started their nomination of City employees that inspire us, but I'm asking for each one of the City Commissioners -- we were to nominate two directors that we feel inspire others in the City. Chair Suarez: Okay. Commissioner Spence -Jones: So, Madam City Clerk -- you know, and these are directors that go above and beyond the call of duty to make the City better and we are going to be acknowledging them the last week -- last meeting in April, so do we have to do the little forms to vote and all that? Can we just -- Chair Suarez: No. We could just -- Commissioner Spence -Jones: -- nominate --? Chair Suarez: -- send you the names -- send her the names, right? Commissioner Spence -Jones: Can we just send you the names of the two directors that we are acknowledging and highlighting? Priscilla A. Thompson (City Clerk): Are -- is it something you're going to be voting go on as a group or --? Commissioner Spence -Jones: No. Each one of the City Commissioners will nominate two directors as a part of the Believe Campaign for their outstanding leadership -- Ms. Thompson: Okay. Commissioner Spence -Jones: -- and their ability to inspire others. Ms. Thompson: There is no problem with submitting. I just need to know, through this whole process of submitting, nominating, is there a central person that this is supposed to go to? Is there -- oh, to the Chair? Commissioner Spence -Jones: To the Chair. Ms. Thompson: Okay, so everything should be forwarded to the Chair. Thank you. The meeting Unidentified Speaker: (UNINTET,T IGIBT ,F) official adjourn. Ms. Thompson: Now you're -- Chair Suarez: Yes. I re -adjourn the meeting. ADJOURNMENT City of Miami Page 162 Printed on 4/23/2012 City Commission Meeting Minutes March 22, 2012 The meeting adjourned at 6: 41p.m. City of Miami Page 163 Printed on 4/23/2012