Meeting Minutes
City of Miami
City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com
Meeting Minutes
Thursday, April 12, 2012
9:00 AM REGULAR
City Hall Commission Chambers
City Commission
Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice-Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence-Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes April 12, 2012
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
AM - APPROVING MINUTES
MV - MAYORAL VETOES
CA - CONSENT AGENDA
PH - PUBLIC HEARINGS
SR - SECOND READING ORDINANCES
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
BC - BOARDS AND COMMITTEES
DI - DISCUSSION ITEMS
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
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9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence-Jones On the 12th day of April 2012, the City Commission of the City of Miami, 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 9:01 a.m, reconvened at 9:05 p.m., recessed at 11:23 a.m, reconvened at 2:00 p.m, recessed at 6:11 p.m, reconvened at 6:25 p.m.and adjourned at 7:54 p.m.
Note for the Record: Commissioner Gort entered the Commission Chambers at 9:01 a.m. during the recess, Vice Chair Sarnoff entered the Commission chambers at 9:05 a.m, Commissioner Spence-Jones entered the Commission chambers at 9:10 a.m, and Commissioner Carollo entered the Commission chambers at 9:11 a.m.
ALSO PRESENT:
Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk
Chair Suarez: Welcome to the April 12, 2012 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Marc David Sarnoff, Vice Chair, Frank Carollo, Wifredo "Willy" 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. I will, I guess, suspend until we have a quorum here, but I'd like to recognize the Mayor, who's here, and we will wait till our other colleagues are here to get started. Thank you.
Later…
Chair Suarez: (INAUDIBLE) myself and the pledge of allegiance by Commissioner Wifredo Gort.
Mariano Cruz: (Comments in Spanish not translated).
Chair Suarez: No, no, I started on time. Have a seat. Have a seat, guys.
Invocation and pledge of allegiance delivered.
PRESENTATIONS AND PROCLAMATIONS
PR.1 PRESENTATION 12-00372
Honoree Presenter Protocol Item Water Conservation Mayor Regalado Proclamation Month - SFWMD
Florida College Access Chairman Suarez Commendation Network
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12-00372 Protocol Item.pdf
PRESENTED
1) In honor of Water Conservation Month, Mayor Regalado recognized the South Florida Water Management District for their dedication to educating the community on preserving our water resources.
Presentations and proclamations delivered.
Chair Suarez: Thank you, Mr. Mayor. That ends the presentations and proclamations.
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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
Chair Suarez: We will now proceed with approval of the minutes from the regular meeting of March 8, 2012. Is there a motion?
Commissioner Spence-Jones: Sec --
Vice Chair Sarnoff: So moved.
Chair Suarez: Moved by Vice Chair Sarnoff, second by Commissioner Spence-Jones. Any discussion? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: Passes unanimously.
END OF APPROVING MINUTES
MAYORAL VETOES
NO MAYORAL VETOES
Chair Suarez: Madam Clerk, are there any mayoral vetoes to report at this time?
Priscilla A. Thompson (City Clerk): No, sir, there are none.
Chair Suarez: Thank you.
ORDER OF THE DAY
Chair Suarez: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting.
Julie O. Bru (City Attorney): Good morning Mr. Chair, members of the Commission, Mr. Manager, members of the public, and Madam City Clerk. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission, and a copy of the code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours and -- at the City Clerk's office and online at
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ww.miamigov.com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones or other noise-making devices. Silence those now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending the meetings. Any person with a disability that requires auxiliary aids, please contact the City Clerk. And the lunch recess will begin at the conclusion of deliberations on the agenda item that is being heard at noon, unless the Chair indicates otherwise.
Chair Suarez: Thank you, Madam Attorney.
Later...
Chair Suarez: CA.7.
Commissioner Carollo: Chairman Sarnoff, I believe that the management wants to continue or defer some items.
Johnny Martinez (City Manager): Yes.
Chair Suarez: Okay. So you want to do that before we pass the CAs (Consent Agenda), remaining CAs?
Mr. Martinez: Yes.
Chair Suarez: Okay.
Mr. Martinez: FR.1, withdraw; FR.2, defer to April 26; RE.18, defer to April 26; RE.19, defer to April 26.
Chair Suarez: Madam Clerk, do you have all of those?
Priscilla A. Thompson (City Clerk): Yes. According to what I heard, FR.1 is withdrawn, FR.2 is deferred to April 26, RE.18 and RE.19 are both deferred to April 26.
Chair Suarez: Thank you. Is there a notion?
Commissioner Carollo: Moved -- move it.
Chair Suarez: Moved by Commissioner Carollo. Is there a second?
Vice Chair Sarnoff: Second.
Commissioner Spence-Jones: Second.
Chair Suarez: Second by the Vice Chair. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
[Later...]
Chair Suarez: Can we do some boards with --? No. You want to do SR.2? All right, let's -- well, we don't have a full Commission. I don't want to get -- the word in Spanish is regañao. I don't want to get --
Vice Chair Sarnoff: What is it?
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Chair Suarez: -- punished.
Vice Chair Sarnoff: What is it?
Chair Suarez: Regañao.
Vice Chair Sarnoff: Re --
Chair Suarez: Regañao. I don't want to get punished --
Vice Chair Sarnoff: Regañao.
Chair Suarez: -- for doing something inappropriate so --
Unidentified Speaker: To be scolded.
Chair Suarez: Scolded, yeah, that's a better translation actually. Is there boards that we can do that the Commissioners who are here present can bang out? We can eliminate some where people that may not have -- that are not here may not have board appointments today?
Unidentified Speaker: (UNINTELLIGIBLE).
Ms. Thompson: If --
Chair Suarez: I thought Todd was handling this today.
Commissioner Gort: I want to do a nomination for Civil Service.
Ms. Thompson: Okay.
Chair Suarez: Okay.
Ms. Thompson: If you want, of course we can do that, okay.
Chair Suarez: Yes.
Ms. Thompson: All right. So then there will be boards that we will not be able to entertain because we need a four-fifth or a five-five for some individuals who are re -- who may be reappointed, who may have term waivers, okay. So having said that, if it is the Chair and Commission's wish that we proceed with our BC (Boards and Committees) items --
Chair Suarez: It is.
Ms. Thompson: With your permission, I would ask that you allow our assistant City Clerk, Todd --
Chair Suarez: You know what, I'm going to say no. Guess what? I'm going to say no.
[Later...]
Chair Suarez: And then there's two discussion items before -- there is Commissioner Carollo's discussion item on the auditing financial statements and then there's the Charter amendment on the elections, so let's go to Commissioner Carollo first. We'll do -- what's up? What do you want to do?
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Commissioner Spence-Jones: Commissioner Carollo (UNINTELLIGIBLE).
Chair Suarez: He doesn't mind.
Commissioner Spence-Jones: Oh.
Chair Suarez: Yeah, we'll do them before or afterward. What do you want to do first?
Commissioner Carollo: Do you want to do --?
Commissioner Spence-Jones: Well, I would like to go ahead and get these two issues that I know the City --
Chair Suarez: Oh, okay. Let's go.
Commissioner Spence-Jones: -- has been waiting for --
Chair Suarez: Let's do it.
Commissioner Spence-Jones: -- so I can get them out of the way.
Chair Suarez: Let's do it.
Commissioner Spence-Jones: Town Park issues. And they've been here all day waiting.
Chair Suarez: Yeah, let's do it, let's do it.
Commissioner Spence-Jones: So I want to make sure we get that out of the way.
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CONSENT AGENDA
CA.1 RESOLUTION 12-00258 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR THE NORTH DISTRICT POLICE STATION, LOCATED AT 1000 NORTHWEST 62ND STREET, MIAMI, FLORIDA 33127, TO COMPLY WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S ("FEMA") GRANT CONDITIONS OF EXECUTING A MODEL ACKNOWLEDGEMENT OF CONDITIONS FOR MITIGATION OF PROPERTY IN A SPECIAL FLOOD HAZARD AREA WITH FEMA GRANT FUNDS, IN SUBSTANTIALLY THE ATTACHED FORM. 12-00258 Summary Form.pdf 12-00258 Legislation.pdf 12-00258 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0126
CA.2 RESOLUTION 12-00259 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AN ASSIGNMENT OF A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM JAMES DEL VALLE TO JDV FORENSIC SERVICES, INC., AMENDING THE ORIGINAL PROFESSIONAL SERVICES AGREEMENT DATED JUNE 13, 2008. 12-00259 Summary Form.pdf 12-00259 Legislation.pdf 12-00259 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0127
CA.3 RESOLUTION 12-00260 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED FEBRUARY 7, 2012, PURSUANT TO INVITATION FOR BID NO. 290252, FROM VARIOUS RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, FOR THE PURCHASE OF AUTOMOTIVE OILS,
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LUBRICANTS AND GREASES, ON AN AS-NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, 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; AUTHORIZING ADDITIONAL SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. 12-00260 Summary Form.pdf 12-00260 Award Recommendation Form.pdf 12-00260 Tabulation of Bid.pdf 12-00260 Detail by Entity Names.pdf 12-00260 Addendum No. 2.pdf 12-00260 Sourcing.pdf 12-00260 Addendum No. 1.pdf 12-00260 S.E. FL. Governmental Purchasing 12-00260 Invitation for Bid.pdf 12-00260 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0128
CA.4 RESOLUTION 12-00261 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF MOBILE REFUSE CARTS AND CURBSIDE RECYCLING BINS, FROM REHRIG PACIFIC COMPANY, ON A CITYWIDE, AS-NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING CITY OF FORT LAUDERDALE CONTRACT NO. 683-10073, EFFECTIVE THROUGH OCTOBER 6, 2012, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF FORT LAUDERDALE; 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. 12-00261 Summary Form.pdf 12-00261 Letter - Procurement Srvc. Dept.pdf 12-00261 Award Agreement.pdf 12-00261 Contract Copy.pdf 12-00261 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0129
CA.5 RESOLUTION 12-00268 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING City of Miami Page 9 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN AN AMOUNT NOT TO EXCEED $120,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NUMBER 1169, AND PROJECT NUMBER 19-690001, ACCOUNT CODE NUMBER 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 12-00268 Summary Form.pdf 12-00268 Affidavit.pdf 12-00268 Certification of Applicant.pdf 12-00268 Annual Review & Evaluation 2010-2011.pdf 12-00268 Do The Right Thing of Miami, Inc.pdf 12-00268 Top 10 Winners 9/2010 - 5/2011.pdf 12-00268 Financial Statement.pdf 12-00268 News from Do The Right Thing.pdf 12-00268 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0130
CA.6 RESOLUTION 12-00269 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Works SOUTHWEST 32ND AVENUE FROM SOUTHWEST 22ND STREET TO SOUTHWEST 27TH STREET, MIAMI, FLORIDA, AS "FRANCISCO CID CRESPO AVENUE;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 12-00269 Summary Form.pdf 12-00269 Clerk of Board of County Commissioners.pdf 12-00269 Legislation.pdf 12-00269 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0131
Adopted the Consent Agenda
Motion by Commissioner Spence-Jones, seconded by Vice Chair Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
CA.7 RESOLUTION 12-00328
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District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE Francis Suarez CODESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO HOUSE BILL 7039, DESIGNATING SOUTHWEST 22ND STREET FROM SOUTHWEST 32ND AVENUE TO SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, AS "DR. OSCAR ELIAS BISCET BOULEVARD;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 12-00328 Legislation.pdf 12-00328 Exhibit 1.pdf
Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence-Jones
R-12-0132
Chair Suarez: CA.7. CA.7 is a declaration of no objection on a street designation by the state of Florida, from 37th Avenue to 32nd Avenue on Coral Way, and it's for Dr. Oscar Elias Biscet. Dr. Biscet is an Afro-Cuban physician and former political prisoner. He was arrested numerous times for denouncing ongoing human rights violations in Cuba. He was awarded the 2008 Presidential Medal of Freedom. He was nominated for the Nobel Peace Prize. And he continues to fight for freedom and democracy in Cuba through nonviolent resistance in the tradition of Gandhi and Martin Luther King. And I'm just going to read a quote and then, you know, it'd be great if we could vote on this. “To love one's neighbor is also to love one's enemy, although in reality that qualifier enemy does not exist in my vocabulary. I recognize that I only have adversaries and I have acquired the capacity to love them because in this way, we do away with violence, wrath, vengeance, hatred and substitute them with justice and forgiveness.” He said that in 1999. Is there a motion on CA.7?
Commissioner Gort: Move it.
Vice Chair Sarnoff: Second.
Chair Suarez: Moved by Commissioner Gort, second by Vice Chair Sarnoff. Any further discussion? Do we need a -- more than a majority on this? More than three votes?
Julie O. Bru (City Attorney): (UNINTELLIGIBLE) no.
Chair Suarez: Okay, 'cause this is just a declaration of no objection. This is not an actual designation, okay. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: Passes unanimously.
CA.8 RESOLUTION 12-00290 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CODESIGNATING SOUTHWEST 25TH AVENUE FROM
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CORAL WAY/SOUTHWEST 22ND STREET TO SOUTHWEST 27TH STREET, MIAMI, FLORIDA, AS "PFC MARIUS L. FERRERO AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 12-00290 Biography of PFC Marius L. Ferrero.pdf 12-00290 Legislation.pdf 12-00290 Exhibit 1.pdf
SPONSORS: HONORABLE MAYOR TOMAS REGALADO CHAIRMAN FRANCIS SUAREZ
Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence-Jones
R-12-0133
Chair Suarez: CA.8 is another declaration of no objection to a designation, and the Mayor's office proffered this name to us. It's PFC (Private First Class) Marius Ferrero. He was killed in Iraq by an IED (Improvised Explosive Device) on November 8, 2007; was on a mission promoting goodwill, handing out toys to Iraqi children when killed. He was 23 years old. The codesignation includes the home where PFC grew up on 2400 Southwest 25th Avenue and Silver Bluff Elementary where PFC Ferrero attended school on 2609 Southwest 25th Avenue. Is there a motion?
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. Any further discussion? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
END OF CONSENT AGENDA
Chair Suarez: We will proceed with the order of the day. Does any Commissioner wish to continue, defer or withdraw any item from the regular agenda or the consent agenda? I will be withdrawing from the consent agenda CA.7 and CA.8. Any others? Hearing none, is there a motion on the remaining --
Commissioner Spence-Jones: So moved.
Chair Suarez: -- items on the consent agenda? A move by Commissioner Spence-Jones. Is there a second?
Vice Chair Sarnoff: Sec --
Commissioner Carollo: Do we have to take a vote on the withdrawal?
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Chair Suarez: I'm sorry.
Commissioner Carollo: Do we have to take a vote on the withdrawal?
Chair Suarez: What withdrawal? Oh, the withdrawal of --
Commissioner Carollo: CA.7.
Chair Suarez: -- pull -- you mean pulling?
Commissioner Carollo: Oh, you're pulling.
Chair Suarez: I'm just pulling. Yeah, I'm pulling.
Commissioner Carollo: I thought you were withdrawing.
Chair Suarez: No, I'm pulling them. I'm pulling them. Is there a second?
Vice Chair Sarnoff: Second.
Chair Suarez: Second by Vice Chair Sarnoff. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
PUBLIC HEARING
PH.1 RESOLUTION 12-00262 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR-PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1415 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS CORAL GATE PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES AND FOR NO OTHER FACILITIES' INSTALLATIONS UNLESS SPECIFICALLY REQUESTED BY THE CITY, WITHIN SAID EASEMENT. 12-00262 Summary Form.pdf 12-00262 Notice to the Public.pdf 12-00262 Legislation.pdf 12-00262 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
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R-12-0134
Chair Suarez: PH.1
Henry Torre: Good morning. Henry Torre, director of Public Facilities. PH.1 is a resolution granting to Florida Power & Light an easement of approximate ten feet -- ten-foot wide strip on City-owned property, located at 1415 Southwest 32nd Avenue, also known as Coral Gate Park.
Vice Chair Sarnoff: So moved.
Commissioner Carollo: Second.
Chair Suarez: Moved by Commissioner -- Vice Chairman Sarnoff, second by Commissioner Carollo. All in favor, signify by saying "aye."
Priscilla A. Thompson (City Clerk): No. Sir, it's a public hearing.
Commissioner Gort: Wait a minute. Hold up. Public hearing.
Mariano Cruz: Public hearing.
Chair Suarez: My apologies. I was trying to convey something to the Clerk and so I got a little sidetracked. This is a -- PH.1 is a public hearing. Mr. Cruz, you are recognized for the record.
Mr. Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street, Miami. Every time I see something from FPL (Florida Power & Light), I say good 'cause FPL, you don't know, is one of the few companies in the United States that are getting the Demings [sic] Award about being one of the best run companies. I am sorry to see Mr. Armando Riveras retire from the chairmanship there. And as an electrical engineer, I know that what they do is good because they -- in my house FPL check the -- my house last year and my electric bill has come down more than 50 or $60 a month, and I think I get a really good service from FPL. So whenever I see something from FPL, good. Go ahead with it. Thank you.
Chair Suarez: Thank you, Mr. Cruz.
Commissioner Gort: Thank you.
Chair Suarez: Anyone else from the public wishing to speak on PH.1? Hearing none and seeing none, the public hearing on PH.1 is closed; coming back to this Commission. I believe it's been moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
END OF PUBLIC HEARING
ORDINANCES - SECOND READING
SR.1 ORDINANCE Second Reading 12-00256 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 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
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"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 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
13319
Note for the Record: Please refer to Item SR.2 for minutes referencing Item SR.1.
Chair Suarez: SR.1.
Henry Torre (Director, Public Facilities): Thank you.
Julie O. Bru (City Attorney): Mr. Chairman, Second Reading 1 is an ordinance that is amendment to your regulatory scheme for vacant, blighted and unsecured or abandoned structures, and this amendment would authorize the City now to collect any costs incurred by the City in boarding up or saving up these properties as a special assessment.
Chair Suarez: Thank you. SR.1 a public hearing item as well. Anyone from the public wishing to speak on SR.1?
Commissioner Gort: Move It.
Chair Suarez: Seeing none and hearing none, coming back to the Commission. It's been moved by Commissioner Gort.
Commissioner Spence-Jones: Second.
Chair Suarez: Is there a second?
Commissioner Carollo: Second for discussion.
Chair Suarez: Second by Commissioner Carollo and Commissioner Spence-Jones. Commissioner Carollo, you're recognized.
Commissioner Carollo: Thank you, Mr. Chairman. The concern that I have, and I think I've mentioned it to the Administration. I don't know how strongly I've mentioned it. But it's my understanding, if the City comes and puts the metal -- I don't know what you call it -- the covers, then you will assess a special assessment to the property owners, correct? What if the property owner cannot afford it? What if, legitimately, you know, he's actually victimized twice? Someone's coming in, breaking through the wood and going in there and now, you know, the City comes, uses the metals and charges them an additional amount. Because we have many buildings in Little Havana that, you know, unfortunately, you know, are owned by people that don't have, you know, the means. Is there any -- do we have anything in there that can address that? And what I'm trying to prevent is someone being victimized twice. In other words, they're getting breaking into -- they're being burglarized. Then the second time -- then -- now we come and we put these metal covers and then all of a sudden we charge them so, in essence, they're being victimized twice. So I want to make sure that there's language in there or, if not, that we
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put language in there so in cases like that, there is some means of -- some way of not victimizing an owner twice.
Chair Suarez: And, Commissioner, I remember that when we passed, I think it was the graffiti ordinance --
Commissioner Carollo: It was the graffiti ordinance. That's exactly what (UNINTELLIGIBLE).
Chair Suarez: -- we did something very similar.
Commissioner Carollo: Exactly.
Chair Suarez: So is -- I don't know if you guys maybe want -- oh, this is second reading, so it can't --
Commissioner Carollo: Exactly.
Chair Suarez: Okay.
Vice Chair Sarnoff: Mr. Chair, could I be recognized?
Chair Suarez: Yes, yes, of course. Vice Chair, please, you're recognized.
Vice Chair Sarnoff: Because this is vacant and abandoned buildings, this is not a person's primary dwelling or primary home. And I've said this before and I'm going to try and elucidate it again. Back in England it was called “Season.” It was a common law concept and it goes back to that you owed the king a duty. And season really means that you have an obligation as a landowner. So if you're a landowner -- and this is, of course, not going to be a primary dwelling 'cause if it is, it wouldn't be vacant and abandoned -- you have an obligation to the citizens of Miami, your next-door neighborhood, your neighborhood, your city, to take care of that property. And we have, statistically, probably one of the highest, if not the highest, absentee landlord ownership in the United States. Now you could be an absentee landowner and be a very good neighbor, a very good landowner, or you could be -- we have a person downtown Miami who has a -- you probably have seen it on Flagler. It's a vacant -- it was a piece of property that used to have building that was falling down and now it's just a vacant piece of property. He happens to be from Iowa. He's owned that property for 32 years. He is what I would categorize as not a very good landowner and he's owned it for 32 years. Now, if this ordinance was in effect at that time, we could have very simply closed up his building as opposed to threatening to demolish the building. My point is as long as this doesn't hit a person's residence, which I think is your primary concern -- might be a secondary concern, but I think it's your primary concern -- and this ordinance is designed to make people understand that if you're going to have a piece of property, you have an obligation. And what this does is it puts -- it's showing -- if this ordinance is enforced by code or anyone else in the City of Miami, the Manager, what you're saying is you have abandoned, you have not taken care of property in the City of Miami and as such, government is now performing a service and a function that a private dwelling, private owner should be performing. So I would not like to see any precatory language about if the person can't afford it, because if you can't afford to maintain your property in the City of Miami, you shouldn't be a landowner.
Chair Suarez: Thank you.
Commissioner Carollo: Mr. Chairman.
Chair Suarez: Let me recognize first Commissioner Spence-Jones and then I'll go to you.
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Commissioner Carollo: Okay.
Chair Suarez: You have follow up?
Commissioner Carollo: Yeah, I have a follow-up.
Chair Suarez: Okay, thank you.
Commissioner Carollo: I brought up the issue, so if I could follow up.
Chair Suarez: Sure.
Commissioner Carollo: And, you know, I appreciate the discussion and, you know, I always welcome the debate and the discussion. I think it's healthy. Let me put a little bit more light to what I'm saying and my concern. Unfortunately, we've seen the financial times that we have been in and maybe -- and many landowners, even though they -- that's not their primary residence, but they are a landowner and own property in the City of Miami -- and you'll see at least all over Little Havana there are buildings that -- you know, they're rented out. Unfortunately, with these tough financial times, you can't always rent out the building. So let's say it's maintained vacant, you're losing money now because you have to pay, you know, the property taxes, you have to pay insurance, you have to, you know, pay the mortgage and so forth, and yet, you don't have anyone there paying the rent. Months go by, you know, you can't get anyone there. You see that someone breaks into your property, burglarizes it, and stays in there, okay. The police comes, get these people out, whatever; still can't rent it out and now you have to pay money out of your pocket to fix the window, to fix whatever is torn up. So you get to a point and you say, you know what, I'm going to board it up and I'm going to put wood on the windows; it's the cheapest way to make sure that no one else -- no crack heads go in there and so forth. Well, what happens? They break in again and you go through the same process. However, now the City comes, puts in these metal -- I don't know what you call it -- covers and charges you a special assessment. So in essence, what you're doing is you're sinking this owner even more and more and there needs to be some type of recourse for someone like that to not to sink and we finally step on them and push them under the water where -- and that's where my main issue is.
Vice Chair Sarnoff: And can I debate you on that? 'Cause I'm the landowner and I'm right next door and I've reduced my rent and I have a business that's viable, and right next door to me is another landowner that has his own reasons; don't know what they are, and he has boarded it up, but the boarding up is not durable enough, people are breaking in, and now it's affecting my business because I have a viable business in there. I'm deriving rent from them, and I've contacted the guy next door and he says, you know what, I just can't afford it. I'm not going to do anything about it. So now who comes in? Now comes the role of government. Government is injecting itself into the private sector to take care of what a private landowner should be doing based on his obligation of season, which is still on the books; just not talked about anymore, and you're making it durable enough so that Joe and Jane Crack Head, whoever they are, can no longer break into that building. At what point in time does that landowner say either I have to lower my rent enough, I have to put an investment into my property, but I have a duty to do something other than leave that building vacant and abandoned. 'Cause the scar there is not only to the building that you have that's doing its business; the scar becomes bigger and bigger and bigger, and then you have to ask yourself what is the role of government because government is now injecting itself into the private sector performing a service that should be performed by the private sector, and we should be trying to stabilize the neighborhood for those landowners that have an expectation because that expectation may be, you know what, if I wait five years, this economy's going to change; that building's going to be worth more money. I'm going to sell it. But in that five-year plan of this man or woman, I should demand of him or her that they maintain their property, and in their failure to do so, I come in and play a private
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sector role: I stabilize that community. I spend money and I, on behalf of the citizens of Miami, should be reimbursed for that expenditure.
Commissioner Spence-Jones: Mr. Chairman.
Chair Suarez: Thank you. Yes, Commissioner Spence-Jones, then Commissioner Gort.
Commissioner Spence-Jones: Okay, Mr. -- I kind of agree with the both of you, okay. I understand where Commissioner Carollo's coming from from the standpoint of, you know, I can add an extra layer onto the discussion: What about if it's a senior that's living on a fixed income, that may live in a house but yet and still own property, but quite -- meaning they live in a house but they still -- like in my district, there are certain seniors, 70, 80 years old that, in the prime of their life, they bought two or three different buildings in their community. Their current income, which means they're living on fixed income at this present time, for whatever reason they're not able to afford to cover those expenses like they used to, okay. I understand where Commissioner Carollo is coming from from the standpoint of trying to find some delicate balance in there. I don't know if there's any way that we can include, you know, any financial hardship. Maybe there's something that we can include that addresses the issue, you know, of the fact that maybe they are living on a fixed income or something along that lines because there are going to be instances -- and I know I have a lot of property owners in my district that owns second or third properties in the prime of their lives and now they're having an issue. I don't know if there's any way that we could carve that out somehow or at least make some sort of special exception for those individuals because I do believe that that is going to be an issue. I also understand Commissioner Sarnoff's viewpoint and that is, you know, you have a, you know, young family that's moved into a neighborhood that is truly, you know, trying to live the American Dream and, for whatever reason, on the block of their house, there is an abandoned -- I have those situations too -- crack house, and every single day their child or daugh -- their son or daughter have to walk by this house where there are drug things hanging out at the house, you know, and if there's a way to resolve that issue, that would be great. So I just -- I think the one way to address this, Commission Carollo and Commissioner Sarnoff, is to maybe perhaps -- and I don't know if that's something that needs to be included in this particular ordinance, per se, but maybe there's something that deals with financial hardship. Maybe there's something that deals with, you know, if you're a senior or somebody living on a fixed income or whatever the case may be, you know, I think that there is a place for both. That's neither here nor there on my issue, but I do want to at least chime in 'cause I think that there's -- there is a resolution for both issues. My concern is more around the bottom line issues and that is -- you know, first of all, I want to thank the Administration. Alice worked very hard on pulling this all together and has made the necessary changes. I want to thank the Chairman 'cause I know that this is something that he took leadership on, and this is going to address the issue of what we see happening in our neighborhoods around the whole issue of crime and drug-related, criminal activity in these -- with these buildings, so I want to thank you guys on that because my original concern was the metal covers -- covering and not being able to really define what does that mean. So now that we have it defined, I'm grateful and thankful for that. My only discussions and questions that came out of my briefings yesterday was -- and I didn't really realize this in my first briefing, but I want clarity from you, Alice, on this, and that is, you know, whether or not we decide to do this or not -- and I think that we have the support for something like this -- my biggest concern is the overall cost. When it was explained to me in the very beginning, it was communicated, oh, Commissioner, if you board up your house -- let's say you board the front door of a house or abandoned property, that doorway might cost you $25 worth of plywood, but if it's the metal, it may cost you $23 worth of the metal but you would never have to replace it. It'll be on there, you know -- unlike the plywood, you'll -- you might have three or four different times that you might have to replace it. So I said, well, that makes a lot more sense. I mean, why we keep replacing it over and over again. What I did not realize, which is my concern, is that that 25 -- $23 that we have to pay is 23 -- just a doorway -- $23 times 12 because now it is -- actually, it's being rented. And for some reason, I was thinking that we were actually -- it was going to be somewhere
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purchased, but it would be a rental -- it'll be a rental of that, so all -- you know, when we started doing our numbers yesterday just on one piece of property, if it was an abandoned house -- and I'm talking about the doors and the windows -- we're looking at almost a hundred -- possibly $109,000 just on one piece of property. That's a lot of money, you know. So I don't know if my fellow colleagues actually broke the numbers down on this. And then I started asking me City Attorney, okay, well, you know, if this is not going to come from our coffers and if this is going to come from the liens, which I'm totally cool with it 'cause we all know sitting up here, we can't afford to spend $109,000 on one piece of property. We just can't. As a matter of fact, I would take that $109,000 and build me another house for that amount. So then my question becomes already I know that, you know, Julie has been working hard with her team to deal with these issues of the liens and making sure -- but this takes time. And already with this lien money, we're using it to fill holes, to, you know, do a whole bunch of other things that we're asking the City Attorney's office to work on so that we can collect the revenue off of this. So then my question becomes where is that money going to come from? And we all know sitting up here, just based upon our most recent briefings, we cannot afford, you know, to make any decisions that's going to have an effect on our bottom line. So what I would want to hear from the Administration -- and again, this is not voting on any particular company. It still has to go out to bid and that can be negotiated in there --
Alice Bravo (Assistant City Manager/Chief of Infrastructure): Right.
Commissioner Spence-Jones: -- so that we don't have this issue of, you know, a rental fee that's going to cost $109,000, so I'm cool with, you know, having the flexibility on that. But I think it's important for my peers sitting up here to realize that once we vote on this thing and this is not going to come back in front of us -- if I call and I say I have five abandoned properties that need metal replacements, then -- and I tell Johnny that needs to be handled immediately and Johnny goes to move to do that, the question becomes where is that money going to come from?
Ms. Bravo: Right.
Commissioner Gort: Let me ask you a question. Mr. Chairman?
Chair Suarez: Yes.
Commissioner Gort: Does this ordinance enforce us to use metallic? My understanding is (UNINTELLIGIBLE).
Chair Suarez: No, that's the next one.
Commissioner Gort: That's the next one.
Chair Suarez: Yeah.
Commissioner Gort: In other words, they don't have to use metal. The people get the option to use whatever materials they want to use.
Commissioner Spence-Jones: Right. But it's never about -- I mean, the point is it's really not whether or not we use board or the metal. The point is the cost. If we decide to use cost, you know, and we're not in control over how much this cost is, the Manager has to do that, then the question becomes, you know, how do we regulate in the end of the year spending a million dollars on it.
Chair Suarez: Okay. Commissioner, you have anything?
Commissioner Spence-Jones: That's all I want to know.
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Chair Suarez: Commissioner, do you have anything else?
Commissioner Spence-Jones: So can I get my question answered?
Chair Suarez: Oh, yeah, of course, absolutely, please.
Ms. Bravo: Good morning. Alice Bravo.
Chair Suarez: Yes.
Ms. Bravo: Assistant City Manager. You know, the prices that were available to us were for rental rates, but it's our intent to do a procurement where we would have both a purchase or a rental option so that there are properties we could reuse the metallic covers as necessary. In the case of SR.2, the owner has the right to secure the property --
Commissioner Spence-Jones: Yes.
Ms. Bravo: -- themselves at their cost. In the case of a second violation, in essence, we're helping the owner protect his own interest --
Ms. Spence-Jones: Yes.
Ms. Bravo: -- if there's going to be a repeat break into the property that could lead to a fire and the loss of the ultimate property, so this does, I think, provide benefits to the property owners. And per our previous discussion at first reading, our intent is to use funds that are collected through the recoup of liens from the City as the funding source for this.
Commissioner Spence-Jones: Right. And all I want to say is I support the ordinance 'cause I think it needs to happen 'cause we need to have the option. It's not even about that. I just want to make sure that if there's any way, Madam City Attorney, we can add to the ordinance -- and I don't know how we would actually put it in there -- that it needs to be very clear that the funds that would be used from this will be set aside in a special fund to -- you know, from liens collected to address that, and I don't think that this ordinance is very clear on that. I would just want to make sure that before we vote -- and if we get the support on it today, that there is -- that it's understood that this money will come from the liens collected and placed in a special revenue account just for that. Because I'm telling you, you know, all of us are going to be up here calling Johnny and say, Johnny, I got abandoned building in my district, once this is voted on and we want it handled now. And I just don't want us to be in a situation financially at the end of the year we have a problem because you got ten properties. That's almost a million dollars. That's a million dollars. That's two per Commissioner, and I know we all got more than that in our districts. So I'm just saying I think that in light of everything that we've been dealing with financially, we have to be very cautious about the decisions that we vote on. So I would just want to amend this to include that -- Madam City Attorney, I don't know if you could speak to that. Can we at least include in this ordinance that the revenue can only come from the liens collected in a -- and placed in a special revenue account to address this issue only?
Julie O. Bru (City Attorney): Okay. First of all, let me just clarify what's going on. We've been discussing two separate ordinances at the same time --
Commissioner Spence-Jones: Okay.
Ms. Bru: -- so let's -- and that's okay because they're related. They're amendments to the same section of the code.
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Commissioner Spence-Jones: Okay.
Ms. Bru: The first one is just purely procedural to give us the authority to be able to collect the special assessments. The second one has to do with if there's a second violation at the same property, then the City -- and keep in mind, this is a regulatory scheme. It just gives the City the discretion --
Commissioner Spence-Jones: Yes.
Ms. Bru: -- to enforce it. It doesn't mean that it's mandatory. And furthermore, the City could not be able to enforce this regulatory scheme if it didn't have the funds to enforce it. So I would defer to your Budget director to tell you how best to secure your wishes that no monies be spended [sic] in that program unless they're available from a designated source of revenue but that can be done that way.
Commissioner Spence-Jones: So -- and it can be actually put in the ordinance?
Ms. Bru: Well, I would defer to your Budget director since that's just a --
Commissioner Spence-Jones: Is the Budget director here?
Ms. Bru: -- it's a budgeting issue.
Chair Suarez: Wait, wait. But that would be a modification to SR.2, not a modification to SR.1. That's --
Vice Chair Sarnoff: Right.
Chair Suarez: We're on SR.1 right now.
Commissioner Spence-Jones: Right. Okay.
Chair Suarez: So if we can, if we could just --
Commissioner Spence-Jones: Okay.
Chair Suarez: -- get through SR.1 and then we'll go --
Commissioner Spence-Jones: No problem.
Chair Suarez: 'Cause SR.2 also has many of the problems that Commissioner Carollo -- and I'd like to address some of them.
Commissioner Spence-Jones: Okay.
Chair Suarez: Because I think -- I'm hopeful that after I address some of them, he may be a little bit --
Commissioner Spence-Jones: I got you.
Chair Suarez: -- less concerned.
Commissioner Spence-Jones: I got you.
Chair Suarez: So SR.1, I'm opening up the public hearing.
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Commissioner Gort: Excuse me.
Priscilla A. Thompson (City Clerk): It was done.
Chair Suarez: Yes. I'm sorry.
Ms. Thompson: I'm sorry. You did open --
Chair Suarez: Oh, I did?
Ms. Thompson: -- and vote. Yes.
Chair Suarez: And we closed it. Okay, I'm sorry. Commissioner Gort. I apologize.
Commissioner Gort: Let me tell you, this is a theory of the broken window, and I've seen the deterioration that has taken place in a lot of the good neighborhoods that we have, and the problem is people laugh at us. I mean, how many liens do we have outstanding? I think it's 3,000, 4,000 liens. Their property is still -- nothing is being taken care of because people laugh at us. We don't have enforcement, so this is one way to enforce this; I agree. And Commissioner, we can -- in some of our neighborhoods, CDBG (Community Development Block Grant) funds can be used to help some of the individuals. You got your economic development. You got your HOME (Home Investment Partnership Program) funds, so there's a couple of funds from CDBG that can be used in some of the neighborhoods where we have the most problems. But most of the criminal activities and complaints that I receive is from people calling -- and they call me two years ago about an abandoned home where criminal activity --
Chair Suarez: Nothing's happened, yeah.
Commissioner Gort: -- is taking place. I call Code Enforcement. I call the police. Oh, we went in. We put a lien on it. But that problem is still going on and ruin that neighborhood. The neighbors are calling me. I mean, I'm getting a lot of complaints, and I'm sure all of you are too.
Commissioner Spence-Jones: Yes.
Commissioner Gort: Lot of the fire department talk to them. A lot of the fires that happen in these homes, where does it come from? From abandoned homes. So we need to do something. And I agree with you; I need -- some people need assistance within certain neighborhood, but we have to bring these neighborhood up also. We can use CDBG funds. I agree, we should use the -- any collections that we have from those revenues should be used specifically for that.
Chair Suarez: Yes.
Commissioner Gort: I think we need to pass this. And I think we got to give a message to people, hey, we're going to enforce it.
Chair Suarez: Commissioner.
Commissioner Spence-Jones: Yeah. And I might have been one item before you guys. I totally agree with the support of this item, you know, definitely. I mean, this was not an issue for me. I do -- I just wanted to really expand on the fact that what you're saying -- whether Commissioner Carollo was saying regarding the issue of hardships, so I don't know if there's some language that could be put in this particular item, Commissioner Gort, that deals with hardships or deals with people living on fixed incomes; if there's any way that we can include that somehow that there's some special, you know --
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Commissioner Gort: Let the attorneys (UNINTELLIGIBLE).
Commissioner Carollo: Mr. Chairman.
Commissioner Spence-Jones: Yeah. Is there anything that --
Commissioner Carollo: Mr. Chairman.
Commissioner Spence-Jones: -- you can think of, Julie?
Chair Suarez: Yes. Hold on one second, Commissioner.
Commissioner Carollo: Thank you. It's funny, you know, as we discuss the item here today, it brings back memory. We've had this discussion in the past. It was with the graffiti ordinance. It was very similar and I brought up the same issue as far as someone being victimized twice. In other words, someone comes, graffiti their home. Here comes NET (Neighborhood Enhancement Team) office, paints over it, and then sends them a bill and gets victimized twice. So we've had this discussion with regards to session or season and everything else that was discussed, and we did put language with regards to a hardship where someone would have to prove that they truly have a hardship, and then I forgot what the exact language is. But if we go to our graffiti ordinance, it's there. The language was put -- was placed there, so maybe --
Chair Suarez: So --
Commissioner Carollo: -- we just need to --
Chair Suarez: -- just table it. Maybe we could table it until the afternoon and then --
Commissioner Carollo: Yeah, I think we should table it --
Chair Suarez: Okay.
Commissioner Carollo: -- and look at our graffiti ordinance because --
Chair Suarez: Okay.
Commissioner Carollo: And I don't know if Commissioner -- or Vice Chairman Sarnoff remembers, but it's the same -- this pretty much the same arguments we had with the graffiti ordinance so -- and we put some language there with regards to hardship. So I think if we put some of that same language, I think we could reach a consensus where all of our, you know, concerns will be addressed.
Vice Chair Sarnoff: Well, let me put it to you like this. Expenses to clean, maintain are really no different than taxes. If you don't pay your taxes, you lose your property, and it hurts everyone in the neighborhood. It lowers the value of the entire neighborhood and, inevitably, it cost us as a citizen -- as a city because it lowers our ad valorems. In this circumstance we're talking about abandoned structures. We're not talking about people's homes. And your point was well taken with regards to somebody's home because somebody's home gets graffitied, you know, it's tough because your -- they're victimized a second time. In this circumstance we're talking about a structure that already is abandoned, which means it's not your dwelling, it's not your home. It's an investment property for you. If you're going to be an investor, you have obligations. Just like you have an obligation if you're in the stock market, you have an obligation to the citizens of Miami; you have an obligation to your neighborhood. So my point is this is different and distinct than the graffiti which could touch somebody's home. And all I am trying to say is -- and I -- so I
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cannot support a modification because I think the role of government is much more limited than I think many of the Commissioners up here. I think the role of the government should be -- that stop-gap measure when somebody has not taken care of investment property, that the role of the government is to then stabilize that property, put the necessary lien on that property and have the ability to foreclose on that property. I'll even go so far as to say for SR.2, if it's determined by the Manager that wood does not work because it's in such a neighborhood -- in such a condition that it's -- recidivism is occurring and people are breaking into that place time and time again, then he should have the option of securing that structure with this metal banding or whatever we're going to call it. So I don't -- I agree with you with regard to graffiti 'cause it's not on an abandoned structure. On an abandoned structure, which to me is an investment property, you have an obligation as an investor. Just like you have an obligation as an investor in the stock market, you have an obligation in any type investment: You have got to expend money to maintain that investment.
Commissioner Gort: Commissioner Sarnoff, may I add something --
Chair Suarez: Yes.
Commissioner Gort: -- to Commissioner Sarnoff?
Chair Suarez: Yes, yes.
Commissioner Gort: Most of the abandoned properties that we've had problem with, they're owned by the banks.
Chair Suarez: That's what I was going to say.
Commissioner Gort: That's why I want to send a strong message to the banks: Listen, if you guys don't take care of your properties, we're going to make you pay for it.
Commissioner Spence-Jones: But -- okay. Can I just add to that?
Chair Suarez: Sure.
Commissioner Spence-Jones: I think that if -- and that's why I think that there is some room, Commissioner Carollo, in here for us to at least be able to -- you know, like you said, let's look at the language from the graffiti ordinance, I mean, and if there is something in there that we can use -- because there's always going to be someone that's going the be affected. I can use another example. Suppose my mother's in a nursing home. She's living there. Her house there --
Chair Suarez: Or in the hospital.
Commissioner Spence-Jones: -- for whatever --
Chair Suarez: Or in the hospital.
Commissioner Spence-Jones: -- reason, it's still her house, you know. She may not have the financial wherewithal to cover it. We just -- as --
Chair Suarez: Good example.
Commissioner Spence-Jones: Listen, you know, we -- at the end of the day, I understand that gover -- we -- you know, we have to -- government has a role and responsibility, but we also have to be sensitive to our residents, the people that elect us.
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Chair Suarez: Agreed.
Commissioner Spence-Jones: You know, so it's important to have some wiggle room in here somehow. So let's, if we -- Mr. Chairman, if we could --
Chair Suarez: We're going to table it.
Commissioner Spence-Jones: -- table it --
Chair Suarez: Yeah, we're going to table this --
Commissioner Spence-Jones: -- and then come back and --
Chair Suarez: -- for the afternoon.
Commissioner Spence-Jones: -- address it, that would be cool.
Ms. Bru: (UNINTELLIGIBLE) we can address it now.
Chair Suarez: Really.
Commissioner Spence-Jones: Okay.
Chair Suarez: Okay, good luck.
Ms. Bru: Your -- the graffiti program is that the City created a mitigation program where the owner of a property who's been victimized by graffiti can come to the City and request that the City assist in funding the cost of painting, and if the person -- if the property owner does that, then that person doesn't have to pay the fines. So apparently there is some source of, you know, funding available for buying paint for property owners who are victimized, who seek assistance, and therefore they're relieved from the penalties associated with graffiti. So that's how your graffiti program works. In this case, you know, I -- the similar situation would be identifying a source of funding available to a property owner who has a vacant abandoned property who's now becoming, you know, the source of, you know, criminal activity, who comes to the City and says, I don't have the money to correct it; I'm the victim of a crime; can you board it up for me.
Chair Suarez: And let me just say I think there may be a solution, a middle ground here, which is similar to what you described in the graffiti ordinance. We can have a time frame, ten days, fifteen days, where someone can come in and claim a hardship. If someone is irresponsible, an irresponsible landowner, they're not going to come in --
Commissioner Spence-Jones: Yeah, exactly.
Chair Suarez: -- 'cause they don't care by definition. By the way, I agree with Commissioner Gort. I think it's seven -- and Mr. Cabrera could tell you probably the exact number, but I think it's like 70 percent of all the properties that are abandoned are either owned by banks or in the foreclosure process.
Commissioner Gort: Or mortgage companies.
Chair Suarez: So I think, you know, the -- there's still that 30 percent and that 30 percent is as important (UNINTELLIGIBLE).
Commissioner Carollo: Exactly.
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Chair Suarez: So you know, so I think there's -- it's a good point. And actually, I want to commend the Vice Chair because I started this discussion totally on Commissioner Carollo's side and not that I changed, but when you -- you kind of made me think about the fact that it was probably not somebody's primary home. That kind of did, you know, give me a little bit of a different perspective. But I think if we do a time frame, ten days maybe, if everyone's comfortable with ten days.
Commissioner Spence-Jones: Could we be a little longer than 15?
Chair Suarez: Fifteen days or fourteen days, two weeks?
Commissioner Spence-Jones: What about 30 days?
Chair Suarez: Thirty days is fine.
Commissioner Carollo: And look, I'm just seeking a compromise so -- because let me tell you something. I think it brings some very valid points, Vice Chairman. And you know what, Commissioner Gort said, as far as the banks owning, I mean, I think he's absolutely correct. However, you got that 30 percent. You got that homeowner -- and listen, we've seen it up here. I'll give you one, you know, and I hate to bring it up and maybe I shouldn't, but Flagstone. Flagstone is a perfect example. Hey, look, financially, we can't -- you know --
Commissioner Spence-Jones: I know. We keep giving them breaks.
Commissioner Carollo: -- we can't do anything. And I mean, I would say that's abandoned right now. Now, you know -- so listen, there -- finance -- these financial times have brought issues where people may not be able to rent their homes out or their apartments, and I think there might be some type of hardship, and I just don't want to, you know, be -- you know, government come in and just stamp them under the water and, you know, sink them. So I think -- I'm just looking for some room for compromise for that individual that is an owner and, you know, does have a hardship.
Commissioner Spence-Jones: Mr. Chairman.
Chair Suarez: Let me just say one thing on what he just said.
Commissioner Spence-Jones: Yeah.
Chair Suarez: I think part of the issue here is that there's a little bit of confusion with SR.1 and SR.2 --
Commissioner Spence-Jones: I know.
Chair Suarez: -- okay. So we're --
Commissioner Carollo: Right.
Chair Suarez: -- where a lot of our discussion really should be --
Commissioner Carollo: SR.2.
Chair Suarez: -- more appropriate to SR.2.
Commissioner Carollo: Yes.
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Chair Suarez: And in SR.2 -- now I'm going to make (UNINTELLIGIBLE).
Commissioner Spence-Jones: No, don't you talk about it. Let's --
Chair Suarez: I'm not going to go --
Commissioner Gort: Let's finish SR.1.
Chair Suarez: All right.
Commissioner Spence-Jones: -- SR.1.
Chair Suarez: Let's finish SR -- no. 'Cause, look, SR.1 only allows -- it cleans up language that allows the City to basically enforce a special assessment.
Commissioner Spence-Jones: Right.
Chair Suarez: That's all it does.
Commissioner Spence-Jones: And that's fine. And --
Chair Suarez: Okay.
Commissioner Spence-Jones: -- as long as --
Chair Suarez: That doesn't need a time frame.
Commissioner Spence-Jones: Okay. On SR.1, we don't need a time frame.
Chair Suarez: No. No, no, no, no.
Commissioner Spence-Jones: Okay.
Chair Suarez: Because it's -- that's a procedural thing. They're just saying now you have the right to do -- in fact, it's just changing language that already exists.
Commissioner Spence-Jones: Not a problem.
Chair Suarez: Well, no.
Commissioner Spence-Jones: Can --?
Chair Suarez: Okay.
Commissioner Gort: (UNINTELLIGIBLE) they can ask for extensions.
Chair Suarez: It's -- SR.1, a public hearing has been closed and it's been moved and seconded. It's an ordinance. I'm sorry, Madam Clerk, you want to jump in?
Ms. Thompson: No. Yes, yes.
Chair Suarez: Go ahead.
Ms. Thompson: Making clear that everyone understands that the motion and second was made on SR.1 as is; no modifications.
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Chair Suarez: As is.
Commissioner Carollo: As is.
Chair Suarez: As is.
Ms. Thompson: Thank you.
Chair Suarez: Yes, thank you. Madam Attorney.
Commissioner Spence-Jones: I just wanted -- I do -- I would like for the Administration before the days over with -- I asked Danny already -- I would like to at least -- just from the past, I want to know what liens have actually -- and the amount that they've been collected so far, 'cause I'm just curious as to how much we've actually collected on liens. And Danny say he couldn't give it to me right now, but I would like to know what it was. Okay, that's it.
Chair Suarez: Ready.
Commissioner Spence-Jones: We had a motion and a second.
Chair Suarez: Motion and second. Madam Attorney.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Thompson: Your roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading as is, 5-0.
Chair Suarez: Now, let me --
Commissioner Carollo: Mr. Chair --
Chair Suarez: -- ask the Commission if you want to do this now, SR.2, or do you want to wait for the afternoon to do SR.2?
Commissioner Carollo: Real quick, Mr. Chairman.
Chair Suarez: Sure.
Commissioner Carollo: Madam City Clerk, I don't know how it's going to be placed, but you know the majority of the discussion that we just had actually pertains to SR.2.
Commissioner Gort: Yeah.
Ms. Thompson: As we always do, as is our protocol, any time you comingle discussion on items, when you go to your minutes, you will see where it's listed that item -- discussion on this item and the next item or whatever companion item were presented in such and such and when -- example, SR.1 will say discussion took place on SR.1 and SR.2. SR.2 will say discussion took place on SR.1, SR.2, so you have that connection for your record, okay.
Commissioner Carollo: Thank you.
Chair Suarez: Thank you.
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SR.2 ORDINANCE Second Reading 12-00153 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES", MORE PARTICULARLY BY AMENDING SECTION 10-63 ENTITLED "RESPONSIBILITIES OF OWNERS OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES" TO ADD METALLIC COVERINGS TO THE LIST OF MATERIALS USED TO SECURE BLIGHTED, UNSECURED OR ABANDONED STRUCTURES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 12-00153 Summary Form SR.pdf 12-00153 Memo - Estimated Costs FR/SR.pdf 12-00153 Estimated Rental Costs FR/SR.pdf 12-00153 Rental of Protection Coverings FR/SR.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-10 FR/SR.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-11 FR/SR.pdf 12-00153 Legislation SR (Version 4).pdf
Motion by Commissioner Spence-Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
Note for the Record: Item SR.2 was deferred to the Commission Meeting scheduled for April 26, 2012.
Note for the Record: Please refer to Item SR.1 for minutes referencing Item SR.2.
Chair Suarez: So do we want to do SR.2 now or do you want to table it till the afternoon? Are we ready to go forward, Madam City Attorney?
Julie O. Bru (City Attorney): Let me suggest something 'cause what I'm hearing here is that you want to continue with the program of authorizing the City to enter upon private property that has been abandoned and subject to blight; allow the City to go and take remedial measures in the public, health and safety and then collect the cost. That has always been the program, right, but now what we're doing is saying -- you know, talking about specific materials that will be used in case of a second violation. And you want to now also consider a program whereby certain class of property owners will be allowed to enjoy the benefit of having the City board up the property, but yet not collect the cost as a special assessment, and that's what you're saying. No?
Chair Suarez: No, no, no, no. I -- we're talking about SR.2 now?
Ms. Bru: Yes.
Chair Suarez: Okay. I just -- let me just say something on SR.2 before we start with SR.2. It's just -- maybe it will allay both of your concerns a little bit. First of all, I agree wholeheartedly that we should put in there the special revenue fund aspect of SR.2 so that I'm 100 percent on board with. But there's two things. One is that in this particular case, if someone is violating -- 'cause they're not securing their property with wood or with whatever, whatever material -- they can -- first of all, they can put whatever material they want, as inexpensive as they want, but they do have a duty to maintain it and to maintain it secure. And if, for some reason, they fail in that duty, they have 30 days before an issuance -- a violation is given, so they do have 30 days to
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comply, to come up with some way to comply with the law. Then the other part of it is that it -- we debated this when we were creating legislation that -- it doesn't say the City “shall” put metallic coverings; it says the City “may” put -- and that's subject to fundings, subject to discretion. I mean, subject to maybe somebody coming and saying, look, to the Mr. City Manager, look, I can't afford it, so it's just too -- it's unfair. So I think that protects the residents. But you know, I don't know if you guys want any extra stuff in there. You know, it's up to you guys. Commissioner Gort and then Commissioner Spence-Jones.
Commissioner Gort: My understanding is SR.2 is just giving them the option to use metallic.
Chair Suarez: Yes.
Commissioner Gort: (UNINTELLIGIBLE) doesn't have any conditions or like that. And it's important people to know once an inspector come to your home and issues you a citation and they give you 30 days to perform, if you cannot do it within 30 days, you have the option to come in front of them and request additional time and they'll give you additional time. They'll give you up to six months and a year if you come and you commit to fix it, so the -- this individual will have the right to ask for extensions.
Chair Suarez: Thank you.
Commissioner Spence-Jones: And Mr. Chairman.
Chair Suarez: Yes, Commissioner.
Commissioner Spence-Jones: So, Alice, I'm thank you for this item, not the first one. So I'm totally okay with it now only because of -- you know, you were able to kind of further define in this particular item, you know, what we meant by metallic, so I'm cool with that. I just want to make sure from my City Attorney if there's any way in -- from the language standpoint that, in this particular ordinance, we could at least say that those rev -- that the revenue -- that there's a special revenue account that's set aside to deal strictly with this from a lien stand -- from lien standpoint. I'm just concerned about it becomes an item that, you know, the City Attorney will turn around -- I mean, City Manager will turn around and use it from the general fund. I want to be very clear in the language, the ordinance, that those revenues can only come from the liens collected from these properties.
Commissioner Gort: Mr. Chairman.
Chair Suarez: Yes, you're recognized.
Commissioner Gort: Up to now, the only funds had been used is the one from CDBG (Community Development Block Grant) funds for the neighborhoods qualify.
Commissioner Spence-Jones: Right. But the difference now --
Commissioner Gort: What's different is whatever we collect, I agree with you, but that could be a resolution.
Commissioner Spence-Jones: Yeah. But the difference is HUD (Department of Housing and Urban Development) will not allow for us to use metallic. HUD -- we can collect only on the -- what do you call it?
Commissioner Gort: Wood.
Commissioner Spence-Jones: Wood, but HUD doesn't pay for -- I'm just -- I just want us to be --
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we -- in light of everything that we're dealing with, we need to be very mindful about how we spend money. So I'm just asking that -- and I don't think this is a big ask. I'm just saying if we do this -- and I support us doing this -- can we have a special revenue account that's -- the funds from the -- that will only be used from the liens collected 'cause HUD will not pay for these metallics? Now, I know that we're working on that. That's something the Administration is working on it in DC (District of Columbia) to get HUD to change it, which hopefully, that will happen, but you know, we can't hold our breath waiting for HUD to change it. So is there any way in this language, in this ordinance that we can include that?
Daniel Alfonso: Daniel Alfonso, Budget director, City of Miami. If the Commission wishes to establish a special revenue fund --
Commissioner Spence-Jones: Yes.
Mr. Alfonso: -- we could do so by a resolution.
Commissioner Gort: Yeah.
Mr. Alfonso: As a matter of fact, the Manager and I and some of the senior staff have been discussing just that as part of the mid-year amendment, which will be coming to you. The amount is what we're discussing to seed some money in there for -- whether it's demolition of unsafe structures or boarding up or et cetera.
Commissioner Spence-Jones: Okay. So you're -- are you saying that, Madam City Attorney, this needs to be a separate item altogether or we cannot include this in this ordinance?
Ms. Bru: I think that your Budget director is saying, you know, you can approve this ordinance because this is only giving the City the authority to do this. If the City doesn't have the money to do it, they can't do it. So your Budget director is saying by resolution, you can then direct the City Administration that before any money is spent in any of these programs, whether it's a demolition, a lot clearing, or boarding up an abandoned property, there has to be funding in a special revenue account that's being populated by liens that are collected before the activity takes place. That's what I'm hearing. And we can do that by resolution.
Chair Suarez: And I would add any other funding source that is not general funds.
Commissioner Spence-Jones: Yeah.
Chair Suarez: In other words, you know, if HUD does change their mind and say that --
Ms. Bru: Right.
Chair Suarez: -- you cannot use CDBG, economic development money for that, then that as well.
Commissioner Spence-Jones: So I just want to be clear. So your recommendation, both Budget and the City Attorney, is that we do not include it in this ordinance, but I'm assuming Danny will bring back a separate resolution? Perhaps we can have that, you know, at the next City Commission meeting.
Mr. Alfonso: Commissioner, it is my intent to put something on the mid-year resolution that it will becoming April 26 --
Commissioner Spence-Jones: Okay.
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Mr. Alfonso: -- related to special revenue fund. I just want to draw -- is there a distinction between liens and special assessments?
Ms. Bru: A special assessment is a lien on the property, and the Manager --
Johnny Martinez (City Manager): I would just --
Ms. Bru: -- suggested --
Vice Chair Sarnoff: They are different.
Ms. Bru: -- we can --
Mr. Martinez: We can put it in right now.
Ms. Bru: -- put it in this ordinance if you want.
Commissioner Spence-Jones: That's what I'm saying. Why don't we just -- I would like for it to be in the ordinance.
Mr. Martinez: I mean, we could say --
Ms. Bru: Right.
Commissioner Spence-Jones: I don't understand why there's a problem with that.
Ms. Bru: Right. So you --
Mr. Martinez: -- the funds used to do metallic coverings will come from a special assessment account which will be fed by liens that are collected --
Commissioner Spence-Jones: That's --
Ms. Bru: Yeah.
Chair Suarez: Let me just clarify.
Mr. Martinez: -- or any other funds --
Chair Suarez: A special assessment is a certain type of violation that allows a city to lien the property and use the property as collateral for the payment of the special assessment.
Vice Chair Sarnoff: And the special assessment can be sold where a lien cannot be sold.
Chair Suarez: Absolutely. That's correct.
Vice Chair Sarnoff: So it is not the same preacher.
Commissioner Gort: Not the same as a lien.
Vice Chair Sarnoff: It is an encumbrance on the property --
Chair Suarez: It is.
Vice Chair Sarnoff: -- holding the same dignity as a tax lien.
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Chair Suarez: Yep.
Commissioner Spence-Jones: Okay, so can we include that, Madam City Attorney?
Ms. Bru: We'll amend the ordinance to provide that, you know, any -- that the -- any funds expended in implementing this program are restricted to funds -- we'll work with your Budget director on the actual language; you know, coming from a special revenue account that will be --
Chair Suarez: You mean the mid-year resolution, correct?
Ms. Bru: No. We're suggesting we can put it in here so --
Chair Suarez: Oh, you want to put it (UNINTELLIGIBLE)?
Ms. Bru: -- the law will be --
Commissioner Spence-Jones: Yeah. Can --
Ms. Bru: -- conditioned upon --
Chair Suarez: Okay.
Commissioner Spence-Jones: Yes, please.
Ms. Bru: -- having the funding coming from a particular funding source.
Chair Suarez: Okay, that's fine with me.
Vice Chair Sarnoff: Well, wait. If you're going to do that, you no longer have my support.
Ms. Bru: Well --
Commissioner Spence-Jones: That's fine.
Ms. Bru: -- this is --
Vice Chair Sarnoff: So -- I'm just saying.
Commissioner Gort: (UNINTELLIGIBLE) resolution.
Vice Chair Sarnoff: I'm not restricting myself to -- this ordinance is going to be on the books for the next 50 years, and I'm not going to restrict myself or I don't think you should restrict this Commission and I don't think you should make it the law of Miami that -- think about what you're doing. You're -- you know, it's sort of like you put more people in prison and why is that? 'Cause you didn't have good enough schools. It's a result. This -- you're turning around and restricting your ability to deal with unsecured, unsafe structures, the broken window theory, and you're saying, well, only if we have enough money from HUD, but HUD won't cover this; only if we have enough money from the recurring foreclosure process that the City Attorney's going to go through, but because we have restricted ourselves in this ordinance and we have money left over from a given fiscal year -- and I have no idea what this City will look like in three years, two years. I'm not going to restrict myself to fix the broken window 'cause a broken window causes you more cops, more prisons, less schools, brings down your property values. You -- this is -- it's -- it is anachronistic to what you're trying to do.
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Chair Suarez: Well, that's why --
Commissioner Spence-Jones: Mr. Chairman, can I just add something?
Chair Suarez: Yeah, go ahead.
Commissioner Spence-Jones: You know, Commissioner Sarnoff, you make -- definitely making a great point because we don't know where we're going to be five or ten years from now. We may have a general fund that is actually, you know, we're doing great in the City and that might be an option, but once we vote on this item, is it your understanding or your feeling or this is what becomes law that we now no longer have the option --
Vice Chair Sarnoff: It's an ordinance.
Commissioner Spence-Jones: -- correct, to --
Vice Chair Sarnoff: It's the law of Miami.
Commissioner Spence-Jones: Right. So we no longer have the option to take --
Vice Chair Sarnoff: Right.
Commissioner Spence-Jones: -- it from general fund, even if we're -- we are flourishing. So that makes a very good point. You're making an absolutely good point.
Chair Suarez: And that's why I think we should do it as a reso because you can always rescind a reso --
Commissioner Spence-Jones: Okay, so --
Chair Suarez: -- you know. Yeah.
Commissioner Spence-Jones: -- let me just be clear because -- I guess maybe I'm just operating in our current state of condition, so I'm like -- every item that comes on this agenda, I'm like now asking how we're going to pay for it, how are we going to pay for it, how are we going to pay for it.
Vice Chair Sarnoff: And that question --
Commissioner Spence-Jones: And let --
Vice Chair Sarnoff: -- and that's a question we should -- you're right, ask that question every time.
Commissioner Spence-Jones: We ask it --
Commissioner Gort: (UNINTELLIGIBLE) ask it (UNINTELLIGIBLE), yeah.
Commissioner Spence-Jones: -- all the time.
Vice Chair Sarnoff: Right.
Commissioner Spence-Jones: So excuse me if I'm a little gun shy right now, but these last two weeks has given me a great reason to feel a little gun shy about whatever thing we vote on here. But I do agree with you 'cause we don't know where we're going to be from five years from now
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and that might be a better option -- the general fund could be an option. So is the recommendation to let it flow the way that it is and to bring back a separate resolution? I can be [sic] with that. That's not an issue.
Chair Suarez: I think that's the right way to go because I think we can later on -- you know, times are tough right now.
Commissioner Gort: (UNINTELLIGIBLE).
Commissioner Spence-Jones: No, that's fine. It makes sense.
Chair Suarez: But in the future it may not be and we can just rescind the reso and it's not the law, you know, of the land; it's just a board policy. So -- yes, go ahead, Commissioner.
Commissioner Gort: Just one question. It doesn't have to be metal because the problem we have with metal today, metal has a value and we all know -- and Public Works can tell you -- in some of my neighborhood, I'd rather have wood than metal.
Commissioner Spence-Jones: Yeah, because --
Commissioner Gort: Okay.
Commissioner Spence-Jones: -- you're saying the property -- it's the property owner's decision as to what --?
Commissioner Gort: Right.
Chair Suarez: Yeah, I think --
Commissioner Spence-Jones: If they're not boarding it up --
Commissioner Gort: (UNINTELLIGIBLE) hours if we can bring down the cost, let's try to do it.
Chair Suarez: And I think we discussed that, we debated that when we were coming up with this legislation and so that's why we didn't want to restrict or make it automatic that someone had to put something metallic. I think what we wanted to do was say that someone who's basically a flagrant violator who doesn't, you know -- I see Zari shaking her head back there -- someone who doesn't -- 'cause she worked with me on it -- someone who doesn't -- you know, someone who just doesn't care, you know. It's someone that's going to have to be required to do something extra, you know what I mean. And I think the metallic coverings that I've seen are -- you cannot steal them. You cannot take them. You cannot steal them. I mean, you would have to bulldoze the building to take the coverings off of it so.
Commissioner Spence-Jones: So do we have a motion on -- are we --?
Commissioner Gort: Yes.
Chair Suarez: Not yet. We have to open up the public hearing on SR.2. Anyone from the public wishing to speak on SR.2? Seeing none, hearing none, the public hearing on SR.2 is close; coming back to this Commission. Is there a motion?
Commissioner Spence-Jones: So moved.
Chair Suarez: Moved by --
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Vice Chair Sarnoff: Second.
Chair Suarez: -- Commissioner Spence-Jones --
Vice Chair Sarnoff: Second.
Chair Suarez: -- second by Vice Chair Sarnoff.
Commissioner Spence-Jones: Mr. Chair. I'm sorry, Mr. Chairman.
Chair Suarez: Yes.
Commissioner Spence-Jones: I just want to add something too, Alice. I do want to address the issue, though, of the possible costs associated with it. I'm assuming when the RFP (Request for Proposals) goes out, you're going to at least negotiate, you know, the item to make sure that, you know, we're not stuck with $109,000 for one property. So I'm --
Alice Bravo (Assistant City Manager/Chief of Infrastructure): Correct.
Commissioner Spence-Jones: -- just hoping that there's something put in place to address that issue because it will be a problem.
Ms. Bravo: Right.
Chair Suarez: Thank you. It's been moved and seconded. It's an ordinance. I'm sorry, wait. Before that, Commissioner Carollo, you're recognized.
Commissioner Carollo: Yeah. I just want to verify that I -- you know, and I want clarity, that the City does not have to use metallic. Therefore, if within those 30 days -- and I guess when the notice goes out, we need to get some type of language letting the owner know that they should, if they have any hardship, come to the City to make sure that, you know, metallic is not place and wood or somehow discuss it with the City so it's not a undue hardship on them, so --
Chair Suarez: Yeah. And I think --
Ms. Bravo: And --
Chair Suarez: -- and if I may, I think Section 10632b says that if a violation is not corrected after 30 days from the issuance of the initial notice of violation, so they get notice. If they don't get noticed, then they have no obligation.
Commissioner Carollo: Right.
Ms. Bravo: And just to add that this ordinance also serves to add metallic coverings as the list of options that the City has under 1066, and 1066 is where the City may step in and take action. So we'll --
Chair Suarez: Thank you.
Ms. Bravo: -- coordinate accordingly.
Chair Suarez: Thank you. This is an ordinance.
Ms. Bru: I just want to clarify because the way the ordinance is before you, it does require if the violation is not corrected after 30 days or if there is a issuance of a second violation, the owner
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is required to secure the openings with commercial quality 14-gauge, rust proof metallic coverings. So if the Commission is saying that you don't want that to be mandatory but discretionary, we need to modify that.
Chair Suarez: No. I think what -- I mean, I don't know. I can't speak for everyone else, but what I was saying is that I didn't want it to be mandatory on the City --
Ms. Bru: On the City.
Chair Suarez: -- for the financial reasons that Commissioner Spence-Jones stated so that the City is not forced to spend money --
Ms. Bru: Okay. So we --
Chair Suarez: -- to have to do it.
Ms. Bru: -- will review the ordinance and make sure that the provisions in the ordinance that give the City the authority to take the remedial measures is up to the City to decide what kind of covering it's going to use.
Chair Suarez: Right. It's not -- it's permissive or not.
Commissioner Spence-Jones: And let me ask you this question just so that I'm clear. So let's say this violator, this individual, they get noticed and then they -- 30 days have passed but then they go and they put up wood.
Chair Suarez: Right.
Commissioner Spence-Jones: At that point are they --?
Chair Suarez: They're good.
Ms. Bravo: They're good.
Commissioner Spence-Jones: They're good.
Chair Suarez: They're good.
Commissioner Spence-Jones: All right.
Chair Suarez: 'Cause all they have to do is secure the property.
Commissioner Spence-Jones: That's it.
Chair Suarez: If they put up wood and the wood gets taken down and they put up wood again, they're fine. If they -- you know, they can keep putting wood up --
Commissioner Spence-Jones: Yes.
Chair Suarez: -- as many times as they want.
Commissioner Spence-Jones: I got you.
Chair Suarez: Or even something less expensive.
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Commissioner Spence-Jones: As long as we're not the ones putting it up.
Chair Suarez: Right.
Commissioner Spence-Jones: Okay.
Chair Suarez: And as long as the property's secured. That's really the key here. Because as you mentioned, in your district and in --
Commissioner Spence-Jones: Yeah.
Chair Suarez: -- my district and in many -- in all of our districts, unsecured properties are causing a tremendous, tremendous impact on the quality of life of our neighbors.
Ms. Bravo: Right. And --
Chair Suarez: Yes, sir.
Commissioner Gort: Let me tell you one of the problems the bank had when it had the foreclosures. Instead of leaving the people inside their homes and make some kind of arrangement with them, make the people abandon their home and that's what created all the problems.
Chair Suarez: Thank you. It's been moved and second.
Ms. Bru: Mr. Chair, I need to clarify what is --
Chair Suarez: I didn't hear what he said; I'm sorry.
Ms. Bru: No, no. -- being said. The ordinance, as written, does require if there's an issuance of a second notice of violation, the owner has to secure it with metal.
Chair Suarez: Yeah, I understand.
Ms. Bru: Has to.
Chair Suarez: Yeah, exactly.
Ms. Bru: But that's not what I'm hearing.
Chair Suarez: But I'm --
Ms. Bravo: But on the City's perspective.
Chair Suarez: -- but he doesn't have to do it -- wait a second. No.
Ms. Bru: If a second --
Chair Suarez: He can comply within 30 days, though.
Ms. Bru: Right.
Chair Suarez: He's got 30 days to -- he can do wood again and again and again.
Ms. Bru: Well, but it --
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Commissioner Carollo: No.
Ms. Bru: No. It says --
Commissioner Carollo: No.
Ms. Bru: -- upon issuance --
Commissioner Carollo: Right.
Ms. Bru: -- of a second notice of violation, the owner will be required to use metal.
Commissioner Carollo: Exactly.
Ms. Bru: So that's sort of like a punishment for being a repeat offender.
Commissioner Carollo: Exactly.
Commissioner Gort: Yeah.
Ms. Bravo: But -- so it would have to be a violation issued if the property's unattended.
Chair Suarez: It's a notice of violation. The violation is an issue because it's just notifying him that there's a defect and then they can cure the defect. That's why you get a notice before the violation is actually administered.
Commissioner Gort: Yeah. Violation takes place if you don't complies with the ordinance (UNINTELLIGIBLE).
Commissioner Spence-Jones: Can you read it again, Madam --
Commissioner Carollo: With metal, though.
Commissioner Spence-Jones: -- City Attorney, just so we're clear?
Ms. Bru: It says upon issuance of a second notice of violation for the same offense, okay -- based so the owner has a violation and they get a notice -- to correct that violation, they have to board it up with metal.
Commissioner Carollo: Exactly, which is --
Ms. Bru: The second time around, wood is not enough.
Commissioner Carollo: -- significant (UNINTELLIGIBLE).
Chair Suarez: Then I would change it to say if within 30 days the issue is not corrected and a second notice of violation for the same offense is sent, then they have to do it with metallic coverings.
Ms. Bru: Right, right. So the second notice requires metal. It requires that the correction be metal. Remember, the notice is telling you --
Chair Suarez: Right.
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Ms. Bru: -- you've got to take corrective action so --
Chair Suarez: Yeah. I think where I'm getting -- where we're getting caught up here is that if the guy complies and --
Commissioner Gort: Yeah.
Chair Suarez: -- he gets noticed, it's a first notice again; it's not a second notice. You understand what I'm saying?
Ms. Bru: (UNINTELLIGIBLE) first (UNINTELLIGIBLE).
Chair Suarez: Right, it's a first notice so --
Commissioner Gort: And the second one is the first one too --
Chair Suarez: Right. And that's what I think we're getting --
Commissioner Gort: -- because it's a new case.
Chair Suarez: Right.
Commissioner Gort: It's a new case.
Chair Suarez: A second notice is 30 days after the first notice.
Ms. Bru: Well, I think maybe --
Chair Suarez: So --
Ms. Bru: -- your Code Enforcement director --
Commissioner Spence-Jones: Can we just table this to make sure --?
Ms. Bru: -- should address what --
Chair Suarez: Yeah, let's table it.
Ms. Bru: -- the second notice is --
Commissioner Spence-Jones: Let's table it.
Chair Suarez: That's fine.
Ms. Bru: -- 'cause I'm confused.
Chair Suarez: We're going to table it for the afternoon. We can discuss it and then we'll figure it out. Okay, thank you, guys.
Commissioner Gort: The question is if the person complies within 30 days --
Commissioner Spence-Jones: Right.
Commissioner Gort: -- somehow somebody comes in and breaks up again --
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Commissioner Spence-Jones: Yes.
Commissioner Gort: -- that's not a second notice. That's again a first.
Chair Suarez: That's --
Commissioner Gort: Okay, that's the one -- that's what they would like to have, okay.
Chair Suarez: Yeah.
Commissioner Gort: That's the way I understand it, but they want --
Chair Suarez: And I think that was where the confusion was, but --
Commissioner Gort: -- it in writing.
Chair Suarez: I mean, if you guys want to table it, we can table it.
Commissioner Gort: Table it. Come back.
Chair Suarez: Do you want to vote or you want to table it?
Commissioner Spence-Jones: No, let's table it. Let's table it.
Chair Suarez: Okay, we're tabling it.
[Later...]
Commissioner Spence-Jones: Mr. Chairman.
Chair Suarez: Yes, ma'am.
Commissioner Spence-Jones: (UNINTELLIGIBLE) to -- can I ask you something?
Chair Suarez: Yes. And we have -- we still have three more items.
Commissioner Spence-Jones: We do?
Chair Suarez: Yeah. We have SR.2, which is the metallic coverings, finishing that one.
Commissioner Carollo: Defer it.
Commissioner Spence-Jones: Can we defer it (UNINTELLIGIBLE)?
Chair Suarez: Okay. Is there a motion?
Commissioner Carollo: I move to defer.
Commissioner Spence-Jones: Move to defer.
Chair Suarez: Okay. Motion by Commissioner Spence-Jones. Second --
Commissioner Carollo: Second.
Chair Suarez: -- by Commissioner Carollo. Move to defer it to the next meeting?
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Commissioner Spence-Jones: Yes.
Chair Suarez: Okay. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: So that takes care of that.
END OF ORDINANCES - SECOND READINGS
ORDINANCES - FIRST READING
FR.1 ORDINANCE First Reading 11-00567 City Manager's Office TO BE WITHDRAWN BY THE ADMINISTRATION
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS", TO ELIMINATE SIDEWALK AND STREET VENDING WITHIN THE MIAMI ARENA; PROHIBITING VENDING IN THE BISCAYNE BOULEVARD SPECIAL VENDING DISTRICTS AND TO ABOLISH THE LOTTERY SYSTEM AS A MEANS OF ASSIGNING VENDORS TO SPECIFIC VENDING ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 11-00567 Cover Memo 04/12/12.pdf 11-00567 Summary Form 10/13/11.pdf 11-00567 Letter - Miami DDA.pdf 11-00567 Letter - Downtown Miami Partnership, Inc.pdf 11-00567 Legislation.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
FR.2 ORDINANCE First Reading 12-00330 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Off-Street Parking 54/ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL/PLACING SIGNS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE", MORE PARTICULARLY BY ADDING SECTION (F) TO PERMIT THE PLACEMENT OF SIGNS OR ADVERTISING ON CITY OF MIAMI, OR AN AGENCY OF THE CITY OF MIAMI, OWNED FACILITIES OR FIXTURES LOCATED WITHIN THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00330 Summary Form FR/SR.pdf 12-00330 Legislation (Version 2).pdf
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Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, 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 FR.2 was deferred to the Commission Meeting scheduled for April 26, 2012.
FR.3 ORDINANCE First Reading 12-00240 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Facilities 2/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY, MORE PARTICULARLY BY CREATING SECTION 2-779, ENTITLED "SIGNS ON CITY-OWNED PROPERTY," TO REGULATE OUTDOOR ADVERTISING SIGNS ON CITY OF MIAMI OWNED PROPERTY, DELEGATING APPROVAL OF SUCH SIGNS TO THE CITY MANAGER AND THE DIRECTOR OF PLANNING AND ZONING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00240 Cover Page SR.pdf 12-00240 Summary Form FR/SR.pdf 12-00240 Miami21 - Article 4. Table 12 FR/SR.pdf 12-00240 Legislation SR.pdf
Motion by Commissioner Spence-Jones, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
Chair Suarez: This is what I'm going to do now. We're going to go to FR.3, which is the signs on City-owned property, to allow one of the three stakeholders to put their thoughts on the record, and then we're going to table that till 3 p.m. time certain where another stakeholder has requested a time certain to discuss FR.3. So I'm just going to open up FR.3 for the Gusman Center and then I will reopen it at 3 p.m.
Herman Echevarria: Good morning, Mr. Mayor, Mr. Chairman, members of the Commission. My name is Herman Echevarria and I chair the newly-created board of directors of the Olympia Center. It's a 501(c)3 that was created per the request of the City of Miami to maintain the operation of the Gusman Center open. I came before this Commission -- can't remember how many month ago -- and made a commitment on behalf of myself and a group of business leaders and members of this communities that were willing to donate certain amount of money of $10,000 a year for five years as an initial way of maintaining the Gusman that at that time was to be closed, shut down because of the City's cannot maintain funding the deficits of the Gusman Center. And when I came before this Commission, I stated very clearly that my intentions were during this five years that we were putting our money to maintain operation to create an infrastructure that was going to allow this wonderful facility, this iconic place that we all want to keep open and maintain in downtown Miami for years to come, and that as we -- this group of business leaders were to retreat and allow others to come, for years to come this government, this body will not have to worry about whether you're going to have a open facility or closed facility next year or whether you have the funding or not to maintain it open. And as I explain it, the plan, the plan was divided in different phases. Phase one was us putting the money, which -- to the -- I can report to you that that has been accomplished. We have been able to raise some funding from very distinguished members of this community who have committed not only
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verbally but in a contract, including me, that I was the first check, that for five years we'll donate $10,000, raising half a million dollars to at least keep this place open. As all of us here know, that does not resolve the total financial issue of the Gusman. There is a lot to be done. And in order to continue, we are -- we've tried and we're trying to find different ways of generating revenue to the Gusman Center. And one of those, which I explain it back then clearly, was -- and I'm going to say it the way I said it back then -- the naming rights. Obviously that became an issue. Then we change it to sponsorship right, and that was still an issue. I can understand that all of us must always try to satisfy those that believe that changing or removing the name of Gusman from this historical building was the wrong thing to do and I stated back then that that was not our intention. My intention was to raise the money and to resolve it. And as we move forward -- because again, I'm not an expert. None of us were experts at that time, talking to some of you. Because of the marquis of this place, it says Olympia and then Gusman right on the bottom, the board of directors decided to keep that as it is, and obviously, that's how this LED (Light-Emitting Diode) signage came about. Without the LED signage in front of our building in a very delicate and a very unique way installed, it will be hard for us to add one of those revenue sources, the sponsorship or naming, whatever we want to call it, to provide the necessary revenues for the future structure of the financial ability of the Gusman and the Olympia center and this is one of those. There are more of other issues. There are more things that we are now working on that hopefully we can work with this Commission to make it happen. I can assure you that this is key instrumental for the maintaining this facility open because we are going to be here only five years and I can tell you, every business leader that I -- that donated and contribute, I explain it clearly, as I explain it to all of the Commissioners, what was our plan. Step one was us taking over this responsibility, which we did. Step two, getting the 501(c)3, which took us almost a year to get it, but we got it approved. Step three was go out and visit, which I did on a personal basis, all these business leaders and explain it phase one, two, three, and four, and they all understand that they were putting this money, but that we were here in a joint venture with the City of Miami in finding this type of revenue sources to maintain this facility thereon and after. So I urge this Commission to support this effort. We've provided some ideas to the Commission. I'm sure the -- you've seen it on the flat screen, but it's sort of a -- this is sort of a way to be able to provide not just the revenue source to the Gusman, but let's assume that we have a sold-out event inside the Gusman and we want the community that cannot pay the 40, 50, 60, $70 to see what's going on inside, just the same way they've done in the City of Miami Beach with the --
Chair Suarez: New World Symphony.
Mr. Echevarria: Yeah.
Chair Suarez: The New World Symphony.
Mr. Echevarria: Yes. And the City wants to close the street at night and allow the community to come out and enjoy what's going on inside this beautiful facility. It can be projected on this specific screens, LED screens or mesh -- I don't know what it's called. I'm really not an expert on it. -- to -- as a community service. So we need to look at this not just as a revenue source for the Gusman Center, the Olympia/Gusman Center, but the -- as a community service also, which that is one of the way how we looking at it. And so I urge each and every one of you to support this wonderful source of revenue for this wonderful facility that hopefully all of us working together will be able to maintain it and keep it open for years to come. Thank you --
Chair Suarez: Thank you.
Mr. Echevarria: -- for allowing me this morning. Unfortunately, I'm not going to be able to be here at 3 o'clock. I'm traveling out of town, but I've requested the Chair to allow me to comment and talk to all of you.
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Chair Suarez: Thank you, Mr. Echevarria. Before -- is there anyone else from the Gusman that's going to speak on this or you're the only person? If -- is anyone -- any members of the Commission have --
Mr. Echevarria: Margaret then --
Chair Suarez: -- any questions for Mr. Echevarria before he --?
Mr. Echevarria: Before I -- yeah, if any questions --
Chair Suarez: -- leaves?
Mr. Echevarria: -- I'll be more than happy to answer.
Chair Suarez: Yes, Commissioner, you're recognized.
Commissioner Carollo: Thank you, Mr. Chairman. Yeah, I have a few questions. And by the way, Mr. Chairman, Echevarria, thank you for coming here --
Mr. Echevarria: My pleasure.
Commissioner Carollo: -- and addressing us. I know that you've been involved now with the Gusman at least now for, I would say, over a year with regards to this. And I remember when you first asked with regards to us, you know, approving the 501(c)3 and for your group to take over and that you were going to -- I think you mentioned about 50 community leaders were going to be stepping up and donating "X" amount of money, 10,000 a year for five years and so forth so, you know, I applaud you for that.
Mr. Echevarria: Thank you.
Commissioner Carollo: Now when you're saying that in order to maintain this open -- because in the past, there was never any talk of having this type of billboard in the Gusman. This is new. When you came to us before, it seemed like the majority of the funding was going to be raised through the private sector through these members. But with that said, when you say that in order to maintain this venue open, you need this. What do you mean by to maintain open?
Mr. Echevarria: Let me -- I'll clarify that for the record.
Commissioner Carollo: And can we start clarifying that?
Mr. Echevarria: Sure. Commissioner, when I came before this board, I stated very clearly -- and we can go back through the records -- that us giving us $10,000 for five years was not enough to maintain this facility open; that we were going to create a structure and one of those structures was clearly the naming rights, meaning changing the name -- selling the name to a corporate entity that was going to generate 5, $600,000 a year and that was an additional revenue source. That was -- one was us, two was the naming rights, and the three is an issue that will come before this Commission pretty soon, which is the commercial and the units on top. I was very specific on that meeting and I think I -- people that were here -- I mean, I don't say something today I did not say yesterday. So when I say to maintain it open, it's because indeed we need all this revenue sources to make sure that we can invest in this facility, which owned by the City of Miami at the end of the night, and make it happen. We are going to be here only five years; and I can tell you, a half a million dollars is not going to resolve removing the scaffolds and removing all the things that needs to be done in this place. On the 28th we're hosting an event at Gusman, held by the Leadership Miami, that we convince him to use us as one of the entities to support, raising $100,000 to buy a projector because we don't have a projector. We
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had the film festival not too long ago and we had to go out and rent a projector that cost us, what, $14,000, you know. So this is the things we're doing here. Half a million dollars -- my $10,000 a year for five years and all the other 50 business leaders is not going to resolve this place and I state it clearly back then and I will repeat that today. When I said to maintain it open, I mean that sincerely. Because, you know, maintain it open doesn't mean just keep it open, open the doors. It means I got to remove all those scaffolds. I got to fix up that bottom place. I got to make this a state-of-the art facility so that people feel proud of -- this needs to be a destination. If we think we're going to keep this place open just because we put this money here, it's not going to happen because people don't want to come downtown Miami. You need to provide them a destination where people feel comfortable, feel proud to come and eat and dine and stay around, not just come and see a show.
Commissioner Carollo: I have here that you're operating cost, expense, more or less, is about $1.5 million.
Mr. Echevarria: No. That is incorrect. That is operating at the minimum cost of this operation. If we're going to run a first- class operation, I can tell you, our operating cost is going to be $2.5 million.
Commissioner Carollo: Do you have a breakdown of that?
Mr. Echevarria: I'm sure we do. I mean, I'm not -- I don't have it with me, but definitely we do.
Commissioner Carollo: 'Cause I haven't seen it. I just --
Mr. Echevarria: But I can assure you that, Commissioner, because why -- we barely have a very small group of employees. We don't have business development people that are going to go out to other cities and try to bring shows here. We don't have none of that. All we have is a director, assistant director, an accountant, and a couple of people, and that's it. So my obligation -- or our obligation as a board was, right, bring it down to the minimum cost so they could keep it open. But just because we gave this money doesn't mean we're going to stay open.
Commissioner Carollo: And by the way, I do want to point out. I wasn't one of the individuals that back then, before the last budget hearing --
Mr. Echevarria: But you supported us and I --
Commissioner Carollo: Yeah, I supported you all because, you know -- and you mentioned, hey, I'm going to have at least 50 -- and I think it's on the record -- people coming forward --
Mr. Echevarria: And that is -- that has not been our problem. Our biggest problem now is going beyond that level.
Commissioner Carollo: Let me ask you, out of the $1.5 million, how much of that 1.5 is going to be coming from these individuals?
Mr. Echevarria: Half a million dollars -- $10,000 a year times 50 is half a million dollars a year.
Commissioner Carollo: And that's what you have pledged already or at least will be --
Mr. Echevarria: We are --
Commissioner Carollo: -- for the current year, for the --?
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Mr. Echevarria: -- now more than half of that already in --
Commissioner Carollo: Okay, 'cause --
Mr. Echevarria: -- signed and executed.
Commissioner Carollo: The information that I received -- and again, I'm only, you know, as good as the information that I request and I'm provided. That's not showing that. It's showing that it's a lot less, the money's that's coming in, which means to -- shows me that --
Mr. Echevarria: What is the information you're getting? Why don't you be specific so I can answer it?
Commissioner Carollo: Okay. I see the donations from directors, 125,000.
Mr. Echevarria: That is an incorrect -- that is incorrect number at this time because as of --
Commissioner Carollo: Okay.
Mr. Echevarria: -- last week, three other members just came on board.
Commissioner Carollo: No. And --
Mr. Echevarria: And I can mention the names. I mean, this -- look, let me explain. We have over 80 people that have been visited and presented with a plan. Out of those 80, we have some 27, 26 that have already come in so we are about there. And every week we get a new signed contract and a signed check. This is not something that just happens because I -- you know, you got to go talk to these people, you got to convince them, you got to show them that this body, this government is supporting us. Because at the end of the night, they don't have an obligation, they don't have -- I mean, we're doing it because we -- listen, let me say this once again. I own no property. I have no business interest in downtown Miami, personally or any of my family or relative. The only reason I'm doing this is because this government, the Mayor, who's here, who's a friend, and all of you are friends, asked me to come forward and try to help this institution and I will continue to do so with pleasure. And the books are open. There -- we -- (UNINTELLIGIBLE) & Associate is a CPA (Certified Public Accountant) firm that is donating their time to audit our books for five years. That was an in-kind contribution. Ralph Patino, who's an attorney, his law firm has put endless hours of time in trying to put this old infrastructure in place at no cost to us, so there's people with goodwill who really want to make this happen. But I can assure you that unless this government is willing to work and help us the same way we came and help this government -- not close the Gusman because let me make it clear, you guys were going to close this place.
Commissioner Carollo: Well -- and that's where I was going. Back in those discussions of the budget hearing, I think the amount -- and now I'm going on memory and, you know, I apologize 'cause usually I have my facts right in front of me, but I'm going on memory -- it was about $300,000 that the City normally put into the Gusman. I was not one of the elected officials that says -- that said we will not put that money towards the Gusman; therefore, the Gusman has to close. I was not one of those officials. However, that was the direction that the City took and that's where I guess the Mayor asked you to step up. I don't know who else. I don't know if Commissioner Sarnoff was involved, but the bottom line is --
Mr. Echevarria: Commissioner Sarnoff, and I spoke to every -- each and every one of you. Not Commissioner Spence [sic] because she was not here, but then I met with her afterwards.
Commissioner Carollo: Right. -- asked you to step up and you came up with this plan, which,
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again -- and by the way, I commend you, I commend everyone that's stepping up, the attorneys, the CPA firm. But I just -- I want clarity. I want to make sure because my intention is really, you know, in good faith effort to make sure this happens and I need to justify my vote in the future. And when you're saying that in order to maintain open, I need to verify and do my due diligence with regards to the numbers. And in all fairness, even we thought at that time -- and as a matter of fact, our budget voted for only $100,000 to go for helping Gusman.
Mr. Echevarria: And you did.
Commissioner Carollo: The additional $200,000 --
Mr. Echevarria: The City has been what -- I have no complaint for the City's --
Commissioner Carollo: And by the way, the additional two hundred and something thousand we will be voting on today as an adjustment because somehow -- I don't know what was the timing or what, but it didn't happen from your group. We're --
Mr. Echevarria: I'll tell -- no, no.
Commissioner Carollo: -- going to be paying for it.
Mr. Echevarria: It wasn't it did not happen from my group. I'll tell you what happened here. What happened here is that it took us a year and a half to get this agreement done. What happened here was that it took us almost a year to get the 501(c)3, and between you and I, you cannot go and ask for money if you don't have a 501(c)3. People are not going to donate. I did it on my own will and some others did it, you know. And the initiative, the 4 -- 70, $ 80,000, whatever it was, 7 or 8 people, but we knew that we needed a 501(c)3 in order to be able -- because whoever has donated wants to deduct as a tax deduction, and that is a fact (UNINTELLIGIBLE). Now, let me say this. The reason I say that is because if we don't remove those scaffolds, if we do not fix the exterior of this place, if we do not put the capital improvement dollars into this facility, we're not going to stay open because people rather go somewhere else, and let me just leave it at that. There's other places more elegant, nicer, cleaner, neater, with a lot of parking that we don't have. We have all those handicaps. So we got to get better than everybody else to keep this place open. That's what I'm trying to say, Commissioner. By the way, there is a projection -- there's a study done, which I inherit, which we're going to be pretty soon putting a request for proposals from companies and people to come -- that says the cost 18, 12 million, 9 million, so I don't even know. We have no idea what is the real cost to fix this place, so the board of directors is now saying, let's ask for -- let's put out an RFQ (Request For Qualifications), an RFP and let people come forward and tell us what the real cost is fixing up this place is.
Commissioner Spence-Jones: Mr. Chair.
Mr. Echevarria: But that study was done by a reliable engineering firm that is, you know -- that's known by the City. I don't even know.
Chair Suarez: Are you still holding the floor?
Mr. Echevarria: Price Jennings.
Commissioner Carollo: Yeah.
Mr. Echevarria: I don't know.
Commissioner Carollo: And by the way, Mr. Echevarria, you know, I appreciate that and that's
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pretty -- that's my line of questioning with regards. When you're saying, hey, if this doesn't happen, we're going to close down or --
Mr. Echevarria: No, I'm not --
Commissioner Carollo: You know, right away --
Mr. Echevarria: I didn't make --
Commissioner Carollo: -- I --
Mr. Echevarria: -- what I meant to say, Commissioner, with all due respect, is that what we did was put a Band-Aid on it.
Commissioner Carollo: I know what you're saying.
Mr. Echevarria: Keep it open.
Commissioner Carollo: And you're saying that you need --
Mr. Echevarria: We got to --
Commissioner Carollo: -- "X" amount of dollars for capital improvements. That's what you're saying.
Mr. Echevarria: I need revenue sources. This, plus old issues that we're working on it, because at the end of the night, if I would spend 10, 12 million, 15, whatever we're going to spend to fix this place up, we may have to go out and find a way to finance this, and how do we going to repay it. I got to show that there is a sponsorship --
Chair Suarez: Revenue stream.
Mr. Echevarria: -- revenue coming of half a million dollars a year from here. I got to show that this is coming from (UNINTELLIGIBLE) in order to repay because (UNINTELLIGIBLE) -- I mean, no one's going to finance any of this unless we can -- we have a repayment way of doing it.
Commissioner Carollo: And Mr. Echevarria, that's exactly what I'm asking. In good faith I'm saying, okay, I want to see these revenue sources not just from the signs because --
Mr. Echevarria: Oh, there's more. I mean, I can tell you --
Commissioner Carollo: And that's --
Mr. Echevarria: -- the building and it was a tacit understanding here. We spoke about it, remember. We cannot take over the building. We cannot take over the commercial because the City was in the middle of a lawsuit with some other entity and it was a tacit understanding. It was even addressed in our agreement with the City that when that was resolved, we were to take possession of that building because that building was generating a couple hundred thousand dollars a year, or $300,000, and I don't know what the real number is yet, but that was something that we talk about here on public record and was addressed at that time and I know that issue will come before you soon. Whenever is the date, I have no idea.
Chair Suarez: Yes, Commissioner.
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Commissioner Spence-Jones: First of all --
Mr. Echevarria: How are you?
Commissioner Spence-Jones: Good after -- good morning, Herman. My -- this thing that we're talking -- this is three different items.
Commissioner Carollo: Yes.
Mr. Echevarria: I know that.
Chair Suarez: Yeah.
Commissioner Spence-Jones: This discussion is really supposed to be about the murals --
Mr. Echevarria: That's all there is.
Commissioner Spence-Jones: -- which I'm assuming when it's all said and done, your direct communication is you need some of this revenue to at least assist with your bottom line.
Mr. Echevarria: Yes, ma'am.
Commissioner Spence-Jones: And I'm assuming that's what you came to put on the record today.
Mr. Echevarria: Yes, ma'am.
Commissioner Spence-Jones: So I'm trying to make sure that I put them in the different categories.
Mr. Echevarria: Yes, ma'am.
Commissioner Spence-Jones: So I think we got the point -- at least I got the point that you're saying, in a nutshell, I need some of this revenue or all of this revenue to at least assist with the bottom line of the (UNINTELLIGIBLE).
Mr. Echevarria: Well, all of that -- yeah, all of the revenue is going to go to --
Commissioner Spence-Jones: Well, that's what your recommendation is, but the City Commission has to agree to that, you know.
Mr. Echevarria: Okay.
Commissioner Spence-Jones: But -- so I think we got that. The other two items --
Mr. Echevarria: (UNINTELLIGIBLE).
Commissioner Spence-Jones: -- are stuff -- things that we're dealing with later, the apartment complex and --
Mr. Echevarria: And the commercial and all that.
Commissioner Spence-Jones: And all that. The only thing that I wanted to have clarity on -- and I asked for this yesterday and, hopefully, since we're going to take it back up at 3 o'clock, I'll get a better understanding and maybe I can get that during the break -- is your financial statements from -- it's all -- I guess as of May, you would have been there for a year. And I think
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what you're hearing from Commissioner Carollo is when I came on board, you guys had already voted and approved this item. Margaret knows I support her, I support the Gusman. I know what you guys are trying to do. I love the idea that a private person is stepping up to the plate when nobody else wanted to, you know, so I just wanted to -- I would like to see the numbers. I would like to see the financial statements for the last -- let me finish -- year on how much money has actually been generated not only from, you know, the resources from the events itself that you have there, but from the commitments that have been made. And my concern as I sat and talked to you that day is that a lot of people commit a lot of things. A lot of people pledge things, but if the money's not in the bank, we can't count it. So all I would like to do in this break of time is make sure that I get the financial statement of what monies have actually been collected in this year's period of time that you've had to work on it? And let me -- I had a chance to listen to both of y'all and it's not really -- these are just questions I have. Really, you don't have to even answer them now.
Mr. Echevarria: No, I'll be more than happy to.
Commissioner Spence-Jones: I'm hoping that -- hopefully, staff can tell me this. The other question I had -- you mentioned something about five years. You say you have five years. You mean five years of what? I just want to be clear.
Mr. Echevarria: Let me explain. First of all, we took over not in May; in October.
Commissioner Spence-Jones: Right.
Mr. Echevarria: Just to make that clear for the record.
Commissioner Spence-Jones: Right.
Mr. Echevarria: Our plan was phase one, create a 501(c)3, a non-for-profit entity, go out and visit and raise money from the private sector --
Commissioner Spence-Jones: Right.
Mr. Echevarria: And the agreement was $10,000 a year for five years. People will sign --
Commissioner Spence-Jones: No, no, I understand that. I just want --
Mr. Echevarria: And that's how we're doing it.
Commissioner Spence-Jones: Okay.
Mr. Echevarria: And so I --
Commissioner Spence-Jones: Can you explain to me what do you mean --
Mr. Echevarria: So we --
Commissioner Spence-Jones: When you say the five years, do you mean --?
Mr. Echevarria: It's a five-year commitment. That's it.
Commissioner Spence-Jones: Oh, five years. Not the agreement with the City five years.
Mr. Echevarria: No, no, no, no, no.
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Commissioner Spence-Jones: Because our agreement is --
Mr. Echevarria: Our private --
Commissioner Spence-Jones: -- our agreement is --
Mr. Echevarria: -- sector was, and then our job as a board was to create a structure of revenue sources like the one that is before you today --
Commissioner Spence-Jones: Right. But just -- I just need a --
Mr. Echevarria: -- and others so that when five years end, we don't have to continue putting our money. And we've generated because of attendance --
Commissioner Spence-Jones: Right.
Mr. Echevarria: -- because of the sponsorship rights --
Commissioner Spence-Jones: Right, right.
Mr. Echevarria: -- because of the building and the commercial, it's generated enough funds to maintain and support not only the operation but the fixing up of this place.
Commissioner Spence-Jones: You know, I gotcha. I just -- when you said it, it wasn't -- I wasn't really clear. So now the five-year commitment is individuals that have decided to support your effort, right?
Mr. Echevarria: Including me.
Commissioner Spence-Jones: Right, including yourself -- that in five-year period of time, hopefully the Gusman can be stable. But the agreement with the City is not five years. The agreement with you is 15.
Mr. Echevarria: What -- yeah. I don't remember what the (UNINTELLIGIBLE) is.
Commissioner Spence-Jones: Yeah, yeah. I just want to make sure. Right?
Mr. Echevarria: The agreement with the Olympia, Inc., which is --
Commissioner Spence-Jones: Yeah.
Mr. Echevarria: -- a not-for-profit entity.
Commissioner Spence-Jones: No problem. So I just wanted to be clear on that. And then just on the questions on the murals. You did -- when you sat down and talked to me, you did mention to me that, you know, the revenue streams for the naming rights, you know, that was the whole big issue.
Mr. Echevarria: And we --
Commissioner Spence-Jones: And you're trying to find a company that could come on board to be a part of, you know, naming the facility. Never in that discussion, though, was there a discussion about murals and the possibility of funds coming from the mural funneling back into the general operations of the space. We didn't -- we never had that discussion. What you're saying is in light of your original discussion with the Commissioners and with the City body,
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your intention always was to get some funding -- revenue stream from --
Mr. Echevarria: From a naming right.
Commissioner Spence-Jones: -- some sort of naming or sponsorship opportunity and now you're saying that that can now transition into the possibilities of the mural now that can have possible advertising that could be utilized --
Mr. Echevarria: Commissioner --
Commissioner Spence-Jones: -- those resources could be utilized to the bottom line, correct?
Mr. Echevarria: -- and also as a point of information, when we said changing the naming and removing the Maurice Gusman name out of the marquis, you need to understand how much grief I've gotten and every one of you have gotten from certain members of this community.
Commissioner Spence-Jones: Right.
Mr. Echevarria: And I respect that.
Commissioner Spence-Jones: Yeah.
Mr. Echevarria: So, you know, things are not signed in stone.
Commissioner Spence-Jones: Yes.
Mr. Echevarria: So we decided let's leave the marquis as it is. Let's leave the Olympia, which we cannot remove anyways because it's part of the historical preservation, and leave the Maurice Gusman's name under the way it is right now.
Commissioner Spence-Jones: Right.
Mr. Echevarria: And as we sell the -- or we go out and procure the sponsorship, the best place to -- as we develop -- whether it's we're projecting the -- what's going on inside, you put this logo of your sponsor.
Commissioner Spence-Jones: Right. No, no.
Mr. Echevarria: Because this sponsor may be there for three years --
Commissioner Spence-Jones: Herman, Herman, Herman.
Mr. Echevarria: -- And it may be there for four years.
Commissioner Spence-Jones: I got you.
Mr. Echevarria: You got me, okay.
Commissioner Spence-Jones: I got you. So I just want to make sure that there was no original commitment from this body that the revenue generated from any type of outdoor advertising or murals would actually go to the bottom line of --?
Mr. Echevarria: But let me say this to you. I mean, I have mentioned it to you, but I didn't have mention it to some of the Commissioners here. And I think Commissioner Sarnoff was one of them; Commissioner Suarez, I believe I mentioned it. And I think I spoke to Commissioner
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Carollo about it too and Gort so -- because, again, when this whole thing happened, you were not here.
Commissioner Spence-Jones: You -- but you're talking about recently, not in the beginning of you taking it over.
Mr. Echevarria: No, no, no. At the beginning we just spoke about different ways of marketing, advertising, exposure --
Commissioner Spence-Jones: Okay.
Mr. Echevarria: -- a large screen to project out. Those things were talked about in some way. I didn't know exactly how to do it because I'm not --
Commissioner Spence-Jones: Yeah.
Mr. Echevarria: -- an expert at this.
Commissioner Spence-Jones: Okay, no problem. You cleared up some -- The only thing I'm going to ask from the Administration on this -- during our break on this issue -- if I can definitely get the numbers, that would be very helpful for me, Herman, so that --
Mr. Echevarria: Sure.
Commissioner Spence-Jones: -- at least I'm clear of what was actually generated for the last year.
Mr. Echevarria: If you don't mind, let me ask.
Commissioner Spence-Jones: I mean, you don't have to give it to me now. I mean, I have -- we have three hours before we get to it. I just want to make sure that we have that. Just so that you know on my end, I mean -- and I'm going to have this viewpoint across the board in my briefings regarding these murals -- is that, yes, I understand the Gusman and, yes, I understand, you know, all these agencies and organizations that have to meet their bottom line in order for them to survive. We have that situation in the City itself. We have to meet our bottom line.
Mr. Echevarria: I understand.
Commissioner Spence-Jones: We're laying off City employees, the possibility of that being an option. You know, we're reducing on our City services. So when we start looking at potential revenue sources and this becomes one, okay, then to me we have to look from the perspective of how can we also share in some of those revenues, and I guess we'll talk about that at 3. But my concern in closing on this particular item, not the other stuff, okay, is, you know, if this is voted and approved and supported, that the reality is that that revenue definitely has to be shared not only by the individuals that, you know, have the facilities that need to operate, but we also have to think about our bottom line from a City's perspective. So I mean, I'm -- I don't want to get back and forth on this issue. I guess --
Mr. Echevarria: No, (UNINTELLIGIBLE).
Commissioner Spence-Jones: -- we'll pull it up --
Mr. Echevarria: And I want (UNINTELLIGIBLE).
Commissioner Spence-Jones: -- we'll deal with it later on. But I do want to say this to you
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'cause I know that you and I got off to a -- I don't want to say a shaky start, okay.
Mr. Echevarria: Commissioner, I have no issues --
Commissioner Spence-Jones: But --
Mr. Echevarria: -- with you.
Commissioner Spence-Jones: Right, I know. And I do understand that it's important to get the private industry, and you stepped up to the plate, you know, when no one else wanted to, and I just want you to know the Gusman's bells been ringing before you came along.
Mr. Echevarria: I know it's been your --
Commissioner Spence-Jones: For seven years they were ringing the bell, okay, and every year the City continue to put money in it. But it's great to see that you have stepped up to the plate and that you're trying to make it work and we don't want to be, you know, opposition in private industry trying to come in to help, but we got to figure out a way to have a balance between the both. We got to make sure that we support a historical facility that needs to help, but we also need to make sure if there's any opportunities for us to generate revenue that's going to support our City employees, our City services and our residents, that we need to do the same. We have to think about them and think about our City the same way that we think about any other facility.
Mr. Echevarria: And I respect that very much. I've been in public office myself many years ago so I understand your position. But I want to make one final clarification, if I may, Mr. Chairman. We need to be looked in a very different way. We did not -- we, mean I and all of us that have contribute, that are putting our own money, did not have to do this. We came in rescue of a city facility on behalf of this City, so let me just -- the difference between us --
Commissioner Spence-Jones: Yes.
Mr. Echevarria: -- and others is that.
Commissioner Spence-Jones: Right.
Mr. Echevarria: But we didn't have to do this.
Commissioner Spence-Jones: Right. Herman --
Mr. Echevarria: And -- but you understand what I'm saying? Because, you know --
Commissioner Spence-Jones: But Herman, you're not -- I just want you -- you don't have to plead your case up here. I don't -- at least not with me you don't, okay.
Mr. Echevarria: Right.
Commissioner Spence-Jones: So that's not really the issue, and we're not talking about all the other things 'cause I'm going to have some issues and concerns about all the other things when they come up later, but I'm just speaking of where we are right now.
Mr. Echevarria: No problem.
Commissioner Spence-Jones: The bottom line is, and I think what the Commissioners need to hear outside of all this other stuff, is that in order for me to continue to operate, this is a possible revenue stream that will continue to help us survive and keep the Gusman going. That's really
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what it is.
Mr. Echevarria: That's really what it is.
Commissioner Spence-Jones: Everything else doesn't really -- at this point doesn't really matter right now. But I would like to see the financial statements on break so that I can ask some intelligent questions.
Mr. Echevarria: I can tell you, Commissioners, that we had a transitional from the Parking Authority. We did not have an in-house accountant. Finally, we were able to hire one. Now we have all those books in order so I -- you know, we have financials. We can show it to you. No problem.
Commissioner Spence-Jones: Okay, that's it. And if I can see it, Mr. Manager, during break, that's great. Sorry, Mr. Chairman, for going so long.
Chair Suarez: No, no. That's okay. I think Commissioner Carollo has one last thing to add and --
Commissioner Carollo: Yeah.
Chair Suarez: -- then we'll table this.
Commissioner Carollo: I just want to follow up, and I think some of the information is probably not going to be in the financials as I know when you came before us and you asked us, you know, for permission to operate it or be -- you mentioned that within 30 days you would have at least 50 people sign agreements. Are -- did they sign those agreements?
Mr. Echevarria: And, Commissioner, you're right. But what happened here is -- let me explain. No, I did not mention in 30 days I was going to have sign agreement. I said that I will go out and visit; that I've talked to a lot of business leaders that were willing; that I was the first one to do so; that I mention it for the record that we did not have a 501(c)3 and that became an issue. We are now getting to those numbers, but it took us a year to do that. And by the way, we're still doing it. Every week if I don't have one or two meetings with different individuals that I already visit a year ago because I didn't have a 501(c)3, now I need to go back and revisit those people. But we've gotten over, what, 21, 22 already, 25. I don't know what the exact number. I know every week they're coming in. But I can assure sure you that the 50 people will be -- total 50, which is half a million dollars a year for five years, will be done in the near future. I can assure you this, my friend. That it takes a lot of time to convince people to a specifically do something for an organization like this in downtown Miami the way it looks right now.
Commissioner Carollo: Herman, just two points, and believe me, I'm doing this out of good faith. I want this to be --
Mr. Echevarria: All right.
Commissioner Carollo: -- a plan that works and that's why -- but at the same time, you know, I mean, this all is about, you know, the finances. And I'm not even touching the point -- and listen --
Mr. Echevarria: And Commissioner, let's assume for a minute I don't raise the money, okay. Let's assume for a minute. I already put my money so my 10,000 are there and another 20 something. Let's assume we don't -- tomorrow no one else gives us a check.
Commissioner Carollo: But here's the --
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Mr. Echevarria: What are you going to do, close the place down?
Commissioner Carollo: Here's the thing, Herman.
Mr. Echevarria: This LED is -- all it's doing is, this is your building. This is your property:
Commissioner Carollo: Right. Herman.
Mr. Echevarria: So at the end of the night, it's revenue that's going to generate this city.
Commissioner Carollo: Right.
Mr. Echevarria: So what is the issue?
Commissioner Carollo: The issue is that that revenue that's generating is going to the facility as opposed to police services, fire services, solid waste, and the most basic needs of a city, okay. Now, with that said --
Mr. Echevarria: Okay. But then -- Commissioner, let me say this to you. Simple, let's -- tomorrow we give you back the Gusman and you guys come and return all of our monies back.
Commissioner Spence-Jones: Okay, okay.
Mr. Echevarria: If you go do your (UNINTELLIGIBLE) --
Commissioner Spence-Jones: Guy -- Chair --
Mr. Echevarria: You guys can do what -- listen, I am really -- I am --
Commissioner Spence-Jones: Herman.
Mr. Echevarria: -- I'm here --
Commissioner Spence-Jones: Herman.
Mr. Echevarria: -- doing my business. I don't need to do this.
Commissioner Spence-Jones: Right. Herman.
Mr. Echevarria: And I'm getting a really hectic about people questioning me, my --
Commissioner Spence-Jones: Herman.
Mr. Echevarria: -- credibility when I come --
Commissioner Spence-Jones: Chairman.
Mr. Echevarria: -- before this Commission to save a place that belongs to the City of Miami.
Commissioner Spence-Jones: Herman, Herman.
Chair Suarez: All right, guys.
Mr. Echevarria: I'm really getting upset about this.
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Chair Suarez: All right.
Commissioner Spence-Jones: Okay, but Herman, Herman, Herman.
Mr. Echevarria: It's up to you, gentlemen.
Commissioner Spence-Jones: All right.
Mr. Echevarria: Thank you for the opportunity.
Commissioner Spence-Jones: Herman, let me -- let -- Herman --
Commissioner Carollo: And Mr. Chairman --
Commissioner Spence-Jones: -- let -- can I --
Commissioner Carollo: -- if I may?
Commissioner Spence-Jones: -- just say this one thing and then I'm going to shut up. Herman, you are a elected official, right?
Mr. Echevarria: Yeah, but --
Commissioner Spence-Jones: But -- I mean, you were elected official, right?
Mr. Echevarria: I was.
Commissioner Spence-Jones: Right. You know -- you sat on this side of the dais and you know that we have a responsibility to ask the questions. I don't want you to feel in no way that you're not -- quiet -- valued or we don't appreciate what you have done. You stepped into a situation and you're not getting one dime out of doing it. I do know that as well.
Mr. Echevarria: Sure (UNINTELLIGIBLE).
Commissioner Spence-Jones: We all know that. I just -- it just really important if the Commissioner -- any of us have any questions about it, that we should be able to ask the questions and you not -- and you --
Mr. Echevarria: And I don't have a problem with questions.
Commissioner Spence-Jones: And I know. And you should not get upset about us asking the questions because at the end of the day, Commissioner Carollo, like myself and like Commissioner Gort, we all have constituents that we have to answer to.
Mr. Echevarria: I understand.
Commissioner Spence-Jones: And every time this comes on --
Chair Suarez: Yeah, I have constituents too.
Commissioner Spence-Jones: -- the second and third Thursday of the month, people are watching it at home, and then we get off the dais and we get a million and one phone calls about it. So he's just doing his job for the people that he works for, just like you did it when you were in office. We understand. We get it. All we want to do is get the numbers and understand that
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what's actually happening from the standpoint of what you've been able to raise. And if -- guess what, if you falling short on it, then we have to make a decision on falling short on the commitment, but --
Mr. Echevarria: We're not falling short.
Commissioner Spence-Jones: -- I don't want you to feel that -- right. But I'm just saying, if that is the insinuation, for whatever reason, then we communicate that and then we keep it moving.
Mr. Echevarria: But we have not falling short.
Commissioner Spence-Jones: But I don't --
Mr. Echevarria: Let me make that very clear.
Commissioner Spence-Jones: Right. But I don't -- but what I don't want you to do, you know, not only in the presence of all of us in here, but the people watching at home, to see the two of you guys going at it when you're both are only trying to do the right thing. You understand?
Mr. Echevarria: I understand.
Commissioner Spence-Jones: So just -- if there's some questions or issues or concerns, provide the Commissioner with the documents, like I asked you -- and you know I gave you a hard time when we sat down. I was letting you have it, right? But as time went on, you know -- it's been just this week I've gotten softer on this issue, okay. But as time goes on, I'm asking for the information; just give me the data so that we can make an intelligent decision, and that's the only thing my colleague is asking you --
Mr. Echevarria: That is not a problem.
Commissioner Spence-Jones: -- the same thing that you did when you sat on the dais.
Mr. Echevarria: And I stated that I was going to do it, that --
Commissioner Spence-Jones: Okay.
Mr. Echevarria: -- that was not an issue.
Commissioner Spence-Jones: All right.
Mr. Echevarria: We don't have nothing -- this is transparent --
Commissioner Spence-Jones: I understand.
Mr. Echevarria: -- process. I have an issue when we're questioning -- questions that been asked that we -- if we -- we've raised half a million dollars. It's very simple. It took me a year before this body here, City government, was able to prepare a final document that could be brought to this Commission.
Commissioner Spence-Jones: Okay. Can --
Mr. Echevarria: I'm just saying. And it took us a year to get a 501(c)3. But you know what? Some 20-some people already donated money. Monies are coming in and they will continue to come in. I made a commitment we will raise half a million dollars. We will raise half a million dollars. You could take that to the bank.
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Commissioner Spence-Jones: Okay. And -- so, Mr. Chairman.
Chair Suarez: Yes.
Commissioner Spence-Jones: This item's been tabled till --
Chair Suarez: Yes, it's going to be --
Commissioner Spence-Jones: -- 3 o'clock?
Chair Suarez: -- tabled till 2 p.m.
Commissioner Spence-Jones: Two p.m.
Chair Suarez: Yeah.
Commissioner Spence-Jones: And Commissioner Carollo, hopefully during this break we can get the information that we need on this issue and we can talk about it further than, you know -- you won't be able to be here, but hopefully your representatives will. We just have to be cordial with each other on --
Mr. Echevarria: If I may, I may be wrong, but I believe our accountant department provided the City the latest --
Margaret Lake: Good morning, Commissioners. I'm happy to --
Chair Suarez: Your name and address for the record.
Ms. Lake: -- be here again.
Chair Suarez: Name and address for the record, ma'am, please.
Ms. Lake: Margaret Lake, executive director of Gusman Center. The financials that you provided were actually some projections that we did at the very beginning of the year. I'm going to be really honest with you about the situation. Transitioning this theater (UNINTELLIGIBLE) the Parking Authority, 35 years worth of vendors, files, all of the above. We didn't start in May; we started October 1. So October 1 everybody's got the news that we've got this 501(c)3. My assistant director and I, first quarter, increased the business by 75 percent. So we're pulling our stuff out of, you know, the Parking Authority, transitioning the venue, operating a 501(c)3; didn't have a bookkeeper on board till two weeks ago. We've got all of our financials in order, but I will tell you, for myself, being at the Gusman for five years, it's kind of a miracle what we've pulled off.
Commissioner Spence-Jones: Right. Margaret, I --
Ms. Lake: And I'm not saying --
Commissioner Spence-Jones: I under --
Ms. Lake: -- that that doesn't mean that you don't need your data. I -- we're absolutely clear that that's what you need.
Commissioner Spence-Jones: Right. And all I'm saying to you, Margaret -- 'cause we can go back and forth. And now you got up to the mike and you made it very clear that they were
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projections --
Ms. Lake: Right.
Commissioner Spence-Jones: -- you know, in the beginning --
Ms. Lake: Right.
Commissioner Spence-Jones: -- and what you really have -- because you just got a CPA on board just recently, you're pulling all of the numbers and stuff
Ms. Lake: Right.
Commissioner Spence-Jones: -- together, so that would explain every time I asked a question -- what's the numbers, where are we with the dollars, what's the financial statements -- that I didn't really get a clear answer on that and I think that that was a part of the communication that has been missed. But Herman --
Mr. Echevarria: Our board of director was brought with a financial statements as of -- what day was it? -- March 31. We were going to get a copy of those financial statements and we're going to provide each and every one of you a copy of those financial statements. Because we're now -- as I stated before, we have an in-house accountant and outside auditors and we've been able to get all the documentation from the Parking Authority, 30 years of operation, all of that in to us, so we will get you a copy of what we have.
Commissioner Spence-Jones: Thank you.
Mr. Echevarria: As of the 31st, that was brought to our board and that's exactly what all of us have received. Thank you.
Chair Suarez: Yes. Commissioner Gort, then Commissioner Carollo.
Commissioner Gort: Good morning. Mr. Echevarria, one of the problems we have when we have the private sector trying to do a joint venture with the government makes it very difficult, but you've been here before. You were an elected official. Unfortunately, you know, in the private sector you make a decision; that's it. You do it and you implement it. In here we have to answer -- you have yourself. We have, I think it's 500,000 (UNINTELLIGIBLE), people that tell us what to do or ask us what to do. All this is not any doubt on you, what you're doing; on the contrary. I think what you guys are doing, what the private sector's doing, and how we working with the private sector is excellent. At the same time, you heard (UNINTELLIGIBLE). That's something that happens quite a lot here. So all these discussions are very important --
Commissioner Spence-Jones: Yes.
Commissioner Gort: -- so people can see --
Commissioner Spence-Jones: Transparency.
Commissioner Gort: -- transparency, what's going on, so it's nothing personal against -- about you or your board of director. This question that we want to make sure later on when the news comes out tomorrow, they get the right information, that they understand that you are doing the right things and we are doing the right things.
Mr. Echevarria: Commissioner, I have no problem with that.
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Commissioner Gort: Okay.
Chair Suarez: Commissioner Carollo.
Commissioner Gort: I just wanted to clarify that.
Mr. Echevarria: Thank you, sir.
Commissioner Carollo: Thank you, Mr. --
Commissioner Gort: And we appreciate what you guys are doing, believe me.
Mr. Echevarria: Appreciate it. Thank you.
Commissioner Carollo: Thank you, Mr. Chairman. And I echo those sentiments, I really do, Mr. Echevarria. And I can surely tell you, I'm not trying to give you a hard time. I'm not trying to give anyone a hard time. However, you know, I have to do my due diligence. Some of the questions that I'm asking is not necessarily questioning you or this and that. I mean, some of these things were mentioned on the record and, in all fairness, it's part of what your next year's budget is going to be, and there's -- you've already said there's a discrepancy from the numbers that I have to what you believe are the numbers so I need to verify that. You know, something that we haven't even touched upon is this $500,000 or the monies from the murals actually going to capital or is it going to the operations? Two separate issues. Because if it's going to the operations, then guess what, you need to raise another "X" millions of dollars from what has been stated for capital, so all these questions become very important. And I -- the last thing I want to end with and one thing that I want to point out, the amount of money that -- and I'm going on memory once again, so I apologize -- the City was originally putting into the Gusman was approximately $300,000, okay, and various elected officials says we are not going to be putting $300,000 anymore to the Gusman; therefore, it may have to close. I was not one of those elected officials, but it was said. And we jointly made a decision, which I voted for, that your organization would do a 501(c)3, would raise the money, and dah, dah, dah, dah, dah. Now something that was not mentioned before is this mural, and this mural's going to actually bring in $500,000, much more than what the City was originally putting in, so that is one of the reasons that, you know, I'm question, I'm seeing where the money's going to; is it going to capital? Is it going to the operations? Can some of that go to the general fund?
Mr. Echevarria: Commissioner --
Commissioner Spence-Jones: Exactly.
Mr. Echevarria: -- I can assure you that when I came before you -- and I'm going to repeat myself again once and for all, I guess -- I said, phase one is us, phase two is different, and phase -- there's different alternatives here and different ways to raise -- million and a half, two million dollars, it needs to be raised, in addition, to keep this place. Because the reason you were going to close the Gusman is because you only had 25 percent occupancy. You know why? Because the place is a dump. That's the reason why you had to close it down. And in order to make this place what it takes, it takes more than $500,000.
Chair Suarez: And let me just say one thing because I think you guys are almost speaking past each other. I think he wants more specificity and I think --
Mr. Echevarria: No. I -- and we will. I mean, that's (UNINTELLIGIBLE).
Chair Suarez: Right. And I think what you're saying is that you may not have that specificity right now or that, you know, maybe you can set up a priority structure where, for example --
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where you have a priority structure where maybe you say first the money that you generate is going to go to operations because you need to keep the place open and then whatever additional revenue, in addition to the operational losses, will go to capital.
Mr. Echevarria: Commissioner, let me say this. If I bring in three, four new people in because are needed -- right now we don't have a marketing director --
Chair Suarez: Right.
Mr. Echevarria: -- we don't have a business development director. We don't have any of those things that are needed that any other theater of that needs it. My operational cost goes up another 2, $300,000. So for me to say here to you (UNINTELLIGIBLE) specific about -- it'll be irresponsible. I did say when I came here the first time that $500,000 was just initial to maintain it open, that's it; that we needed additional revenue. And when we left here five years later, us private sector, and allow other board members to take over -- because I don't plan to stay here for a long time, all right, 'cause I got other things to do in my life, okay -- I said I want to leave the infrastructure in place that is going to keep this place open for years to come. That was my statement before this Commission and that's what we're trying to do.
Chair Suarez: Thank you.
Vice Chair Sarnoff: Mr. Chair.
Mr. Echevarria: Now any documentation --
Vice Chair Sarnoff: Mr. Chair.
Mr. Echevarria: -- we'll be more than happy to provide.
Chair Suarez: Mr. Vice Chair, you're recognized.
Vice Chair Sarnoff: I sat pretty quietly here. Gusman is in my district. I think everybody -- I think only the Mayor and I were here, pretty much, when we watched Gusman pretty much close its door or come very, very close to closing its door. Now a guy from Brooklyn, Jewish guy from Brooklyn and a Cuban guy from Hialeah sat down with each other - not with all these -- that much culturally [sic] similarities, but with one desire: to save the Gusman. And he came to the Mayor, he came to me. The Mayor and I looked at each other -- and I think it was '010 [sic] -- we knew pretty much, budgetarily, we did not want to fund the Gusman because we knew that we were in a crisis. You know, what you do and how you start to act is projections, so we projected not funding the Gusman. We delivered that news to the Gusman board. I think it was probably the only time the Mayor and I were pretty much -- I don't think we were booed, Mr. Mayor, but we weren't exactly met with applause. And Mr. Echevarria comes and gives us a plan. Now I have yet to see anyone in the City of Miami -- we have certainly spoken a little bit about Marine Stadium. They've done a nice job. But I've yet to meet a man who puts $50,000 of his own money, and as far as I know -- and I have asked him six ways to Sunday, how are you profiting from this. And there simply is no way he's profiting from this, other than maybe a place in heaven for him is being made a little bit wider and a little bit larger. Another 49 guys are coming up with $50,000. If I'm not mistaken, Sergio Rock --
Mr. Echevarria: Did 100,000.
Vice Chair Sarnoff: -- did $100,000 simply because he came to me --
Mr. Echevarria: And I'll say some names so that we know. Wayne Chaplin from Southern Wine did 50,000, Micky Arison did 50,000, Paul Cejas did 50,000, Gonzalo Morales did 50,000.
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These are all friends of mine. You know why they did it, because I asked them to do so; because they believed in me. And I can go on and on with these names. Jeff Berkowitz last week, Pedro Martin from Terra, last week, and I can go on and on and on. And I'm saying -- I'm not -- listen, the reason I'm saying names -- 'cause I'm not even supposed to do that because I've not asked them permission, but they're friends; I can do it. These are people that did not have to do this and many others that I, you know, (UNINTELLIGIBLE) name. So thank you, Commissioner.
Vice Chair Sarnoff: And let me just say this. The Gusman has three problems. It's got a huge capital problem that nobody's been able to get a grip on. And I think the Mayor will remember this. We were approached by Richard J. Heisenbottle and we were asked to put, I think, $300,000 -- I may have my number wrong -- from the MSEA (Miami Sports & Exhibition Authority), if I remember, to pin [sic] in place -- is that right, Mr. Mayor?
Mayor Tomás Regalado: Yes, Mr. Vice Chair, $300,000 from MSEA given to Miami Parking Authority because the place was falling down. The --
Vice Chair Sarnoff: The brick façade.
Mayor Regalado: -- from -- the bricks --
Commissioner Carollo: As a loan.
Mayor Regalado: -- and the façade at the building and of the side of the Gusman. There was a -- the apartment building and on the side of the Gusman, and that was given to MPA (Miami Parking Authority). Remember, GOB (General Obligation Bond) bonds from Miami, from approval in 2001, were used at the tune of $7 million for the renovation in 2003, 2004 also. And I just want to say for the record that the Vice Chair and myself, we had a very embarrassing morning that morning that we went to the board and told them that the City was not going to be able to fund the Gusman and they were not happy. And this happened after then Manager Carlos Migoya told us that we had a problem; that we had a problem where we have to reduce the salaries of the employees and pensions and benefits and probably fire one-third of the population, the working population in the City of Miami. And the response that you and I had is that the Gusman was going to close and it was going to be closed because they can't -- they were unable to operate. And this is when I asked Herman to meet with you and me and start the conversation, and I know he is emotional about the things he does. And I have to say, even if he walks out, he'll still be my friend and -- but, you know, he has put a lot of hours, and it's a shame to see the Gusman closed and --
Mr. Echevarria: Thank you.
Mayor Regalado: So that's why this private/public partnership is important.
Vice Chair Sarnoff: So let me just kind of wrap this around something because, obviously, I became Commissioner in what I thought was a rehabilitated Gusman. He probably became the caretaker of what he might have said how much money you guys spend, for what, for which. What did that do for this amount of money? And by the way, I sit there in amazement hearing $7 million went into this. I sit here in amazement 300,000 went into this. Because like Mr. Echevarria, I'm curious to make this building whole, to make this building functional, and then maybe a little bit beyond functional because he's got a point. And just so you all know this, the load in and the load out for the Gusman, which means how you put a play in there, how you put a production in there -- and I know Commissioner Spence-Jones know more about this than I -- is extremely inefficient. That means it takes them days what the Performing Arts Center could do in hours. So you're going to hear from him at some point, the back of the house needs to be expanded and I need more property in the back so I can have an efficient load in/loud out. Now, you know, we would love to have his immense plan in front of us right here, right now so we can
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sit here and say this, this, and this, but it's never going to be until a person comes to us that we all respect and says this is what it's going to take to do phase one. This is what it's going to do to take phase two, and phase three is a state-of-the-art facility. And then it's going to take Herman Echevarria and his board to say we're going to have a phase three because we can't compete, we can't even be a production facility in downtown Miami unless we are the art form we need. So let me just -- and I'll close. I'm the Commissioner of the district. I've sat here. I've listened. I can tell you this. I've never seen an outpouring, and I don't know that the Mayor has either, more than when we were considering closing the Gusman. How many people came here? This -- there was an outpour. There is a love for the Gusman. And let me tell you, we're not the first folks up here to restrict what happened to the Gusman. Had we allowed Sylvester Stallone to do what he wanted to do, we wouldn't be facing some of the issues that we're facing right now because a placid or nonaggressive Commission couldn't find the will, that iron will that you sometimes need to be an elected official, to allow the private sector to do what it needs to do. Now let me just close by saying this. I said something to you in 2008. There's something called the new normal. Economy is getting better but it's not changed. You have to find a way to have public/private partnerships with businesses that you never had before because no government, regardless of whether it's going to be Barack Obama or Romney after November, whoever it's going to be, is going to be facing -- they're not going to be supporting the arts and culture as they have done before. There's got to be a way to find a profit center to allow this to go on. And by the way, that's true of the Gusman, that will be true of the Marine Stadium, and that is especially true for the Coconut Grove Playhouse. If you all think government is going to subsidize your ticket so it's $60 to go there, you're all sadly mistaken because to -- really, what that ticket should cost you is probably around $210 to $220 if you're going to have an equity Playhouse. So I just ask the Commissioners to keep it in their minds and keep it in their hearts. This is a new day. It's a new normal. And if you're going to find a way for these facilities to stay open, you've got to create profit centers for them -- not for us; for them -- to stay open and create a ticket price so that everyone and every district can afford to go there and experience culture.
Chair Suarez: Thank you.
Commissioner Spence-Jones: Mr. Chairman.
Chair Suarez: Commissioner Gort and then Commissioner Spence-Jones.
Commissioner Gort: Vice Chairman, I'd just like to remind you that the expansion of their backstage, it was discussed back in 1996.
Chair Suarez: Commissioner Spence-Jones.
Commissioner Spence-Jones: I think we all got the point. The only thing that I just really would like to add on this issue -- and Commissioner Sarnoff, you know, I totally agree with a lot of things that you said this afternoon and I think we all agree sitting up here that we cannot do this alone; that it needs to be private partnerships in all that we do, so I don't think that anyone's not clear on this. I think that -- at the same time, I think that it's also important if you do have a distribute Commissioner on the dais that has concerns about the numbers, it is our responsibility to get those answers and it is the responsibility of the individual that's coming in front of this City Commission to provide us with what we need. There should not be any feeling of, you know, anybody feeling like they should not be questioned or asked about anything, and I think that that was the issue with Commissioner Carollo. He should have the right to ask the question.
Mr. Echevarria: (UNINTELLIGIBLE) sure.
Commissioner Spence-Jones: And then -- and in response, you should be able to provide the information. I do want to say this, Commissioner Sarnoff. In this particular instance, outside of Commissioner Gort, I was the veteran Commissioner sitting on the dais from the very beginning
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regarding the whole Gusman, and I can tell you every single year -- and Art Noriega is standing in the back -- there was always a ringing of the bell that the Gusman was going to close, always, okay. So, you know, on that instance, you know, I don't want to put a lot of emphasis -- I have some concerns with how the process took place, but it is what it is and we're right in the the middle of it and we're going to support, you know, Herman 'cause he has the building at this point. But the Gusman itself, even though it is in one particular person's district, it is a City of Miami building. That means Commissioner Carollo, Commissioner Gort, Commissioner Suarez, and myself, we all have a responsibility because the building itself, while it sits in someone's district, is owned by the City. It is a City piece of property that we all have a vested interest in knowing what happens with it, just as we do with the James L. Knight, just as we do with any other facility, like Bayfront Park. And I understand -- perhaps from Commissioner Carollo's standpoint, he sits on the Bayfront Park amphitheater. He see shows and events coming through there all the time so I'm sure in his mind he's also equating some of these numbers and some of these experiences with your experience, so we have to respect his viewpoint. And I think that to see how -- I'm just going to say -- ugly it got in just this last 45 minutes wasn't really necessary, especially when all he was doing is asking a question. So with that being said, Mr. Chairman, we -- this item we're going to take up later anyway. And the item is about the mural, but I would like to have the numbers now that Margaret has explained to us what exactly we have. That gives me a greater understanding of what it is.
Mr. Echevarria: But I will tell you this, Commissioner. We will try to get our accountants to give us update financials and we'll show it to you.
Commissioner Spence-Jones: No problem.
Mr. Echevarria: This is nothing to --
Chair Suarez: Thank you.
Commissioner Spence-Jones: No problem.
Chair Suarez: Here's what we're going to do.
Mr. Echevarria: I will not be here at 3 o'clock, unfortunate.
Chair Suarez: Okay.
Commissioner Spence-Jones: But somebody --
Chair Suarez: Yeah.
Commissioner Gort: Have a good trip.
Mr. Echevarria: Margaret will be here.
Chair Suarez: We're actually going to table this until 2 p.m.
Commissioner Spence-Jones: Okay.
Chair Suarez: Then we're going to -- then the Commissioner has a discussion item he wants to talk about and then we're going to have at 3:30 the PACE (Property Assessment Clean Energy) item is going to be set for a time certain as well.
Commissioner Spence-Jones: What is the 2 o'clock item? I mean, what's the item that Commissioner Sarnoff wants to talk --? Is it a pocket item or --?
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Chair Suarez: No, no, no. It's one of his discussion items. He wants to talk about it now rather than at the end of the Commission meeting.
Commissioner Spence-Jones: Okay. What -- I'm just --
Chair Suarez: It's --
Vice Chair Sarnoff: Blue page on police hiring.
Commissioner Spence-Jones: Oh, police, okay.
Mr. Echevarria: Commissioners, thank you very much.
Chair Suarez: Thank you, sir.
Commissioner Gort: Thank you.
Commissioner Spence-Jones: Thank you.
Commissioner Carollo: And Mr. Chairman.
Chair Suarez: Yes.
Commissioner Carollo: Just one last thing. This is first reading also so --
Commissioner Spence-Jones: Yeah.
Chair Suarez: That's right.
Commissioner Carollo: -- you know, realistically, there is going to be --
Chair Suarez: There's wiggle room.
Commissioner Carollo: -- enough time -- yeah, exactly.
Chair Suarez: Wiggle room, yeah.
[Later...]
Chair Suarez: We're now going to go to our 2 o'clock item, continuation of the discussion on the signs on City-owned property, FR.3. Let the Administration --
Unidentified Speaker: Okay, go ahead.
Chair Suarez: -- go first and then we'll go from there.
Commissioner Carollo: This is -- I'm sorry -- SR.3?
Chair Suarez: No, this is FR.3.
Commissioner Carollo: FR.3.
Chair Suarez: FR.3 is -- we tabled it till 2.
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Henry Torre: Good afternoon, Henry Torre, director of Public Facilities. FR.3 is an ordinance of the Miami City Commission, amending Chapter 2, Article 9 of the code, as amended, entitled "Administration/City-owned Property," by creating Section 2-779, entitled Signs on City-owned Property," to remit the placement of outdoor advertising signs on City of Miami-owned property, subject to the approval of the City Manager and the director of Planning & Zoning. I think prior to going to some questions, if I can just briefly outline what the financial impact of this will have on the City. We are projecting a $430,000 a year will come to the City if this project does go through. The breakdown for that is $250,000 in fees that we will receive from the James L. Knight Center in cooperation with a partnership that we will do with a signage company who will front all the costs of the sign, which is estimated to be anywhere from 3 to $400,000, no expense. The City will not contribute to that. And we will share in the gross revenues, 50/50, projected to be 500,000, so our share would be 250,000. The remaining $180,000 will come from annual permit fees associated to all three signs on these properties.
Chair Suarez: Thank you. Any questions of him before we go -- we keep going or do you want to ask him any questions?
Commissioner Carollo: Yeah, real quick.
Chair Suarez: Sure.
Commissioner Spence-Jones: Are we --
Commissioner Carollo: Can --?
Commissioner Spence-Jones: -- taking public comments on this or --?
Chair Suarez: Yeah. This is --
Commissioner Spence-Jones: Okay.
Chair Suarez: -- it's an ordinance.
Commissioner Spence-Jones: I don't want to get -- I want to hear the public first.
Chair Suarez: Let's do that. We can do that.
Commissioner Spence-Jones: Do you want to hear the public first --
Chair Suarez: Is that okay?
Commissioner Spence-Jones: -- to see at least what they have to say first, Joe?
Commissioner Gort: Yes.
Commissioner Carollo: It doesn't matter to me. Since he was up, I was just going to ask him to be --
Commissioner Spence-Jones: Oh.
Commissioner Carollo: -- more specific on the three different locations because it's --
Mr. Torre: Okay.
Commissioner Carollo: -- because there are three different locations, correct?
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Mr. Torre: The three specific locations are --
Commissioner Carollo: In each, what amount of monies and --?
Mr. Torre: Okay. The James L. Knight Center is a city-owned property. We do have site control so we do control the property. The other two properties are -- one is the Miami Children's Museum, which is a city-owned property, but is on a long-term lease. The second property is the Gusman/Olympia Theater, which the theater is now being managed and before the board in two weeks will come up with the management agreement for the apartments and the commercial retail space.
Commissioner Carollo: And then as far as the breakup of the funding or the revenues or potential revenues?
Mr. Torre: Potential revenues --
Commissioner Carollo: Because you said 50 percent of --
Mr. Torre: Fifty percent, yes.
Commissioner Carollo: But not all three locations.
Mr. Torre: Not all three locations. That's --
Commissioner Carollo: Can you be a little bit more specific for the record?
Mr. Torre: Absolutely, absolutely. I apologize. For the James L. Knight Center, the property that we own and we have site control of, we would do a partnership with an outside media company who would pay all expenses related to the sign, a 1200-square foot sign; estimate on that is somewhere between 3 to $400,000. The City would bear no cost of that, no contribution.
Chair Suarez: And this would be procured by an RFP process, correct?
Mr. Torre: Correct, correct. The revenue split on that would be 50/50 gross --
Commissioner Carollo: Fifty/fifty gross.
Mr. Torre: -- of gross revenue, fifty percent to the City. The other two properties, the number of the $430,000 includes -- the 180,000, in essence, includes an average permitting fee --
Johnny Martinez (City Manager): Henry?
Mr. Torre: -- per year that we will receive for each one of those signs. That does not include anything that we can negotiate from the Miami Children's Museum if we can or the Gusman Center to share in that revenue.
Mr. Martinez: Henry.
Mr. Torre: And the 50/50 split is a minimum. That is something we may ask for more.
Mr. Martinez: That was it. I just wanted to get out the50/50 is the floor --
Mr. Torre: Right.
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Mr. Martinez: -- and people will bid to go above that. We will choose whoever has the greatest return to the City.
Commissioner Carollo: Okay, so just for clarity. The James L. Knight Center is -- they have to pay the permit fee --
Mr. Torre: Correct.
Commissioner Carollo: -- which will be approximately?
Mr. Torre: Roughly $60,000 a year.
Commissioner Carollo: Sixty thousand. Plus, in addition to that, it will be 50 percent of gross --
Mr. Torre: At a minimum.
Commissioner Carollo: -- at a minimum, which will come to the general funds of the City.
Mr. Torre: Correct. Both the 250 and the 60 would come from the James L. Knight Center. Roughly $310,000 associated --
Commissioner Carollo: From the James L. Knight Center?
Mr. Torre: Yes, sir.
Commissioner Carollo: To the general fund?
Mr. Torre: Correct.
Commissioner Carollo: Now, when you say 250, why? Are you estimating $500,000?
Mr. Torre: They had estimated, based on the traffic and the advertisers, that they could get -- separating it over, changing the sign every eight, ten, twelve seconds. So on an average, on a conservative number, we did come up with the 500. It may be more.
Commissioner Carollo: Or it could be less.
Mr. Torre: Well, it's a very conservative number, but we're very comfortable with the total of 500,000. Could be anywhere from maybe 450 to 6, $700,000.
Commissioner Carollo: Who came up with the estimate?
Mr. Torre: This was -- the estimate came from Deaf Media, which is a national provider. This was an RFP done by Global Spectrum, who is the management company of the James L. Knight Center. They will, by the way, share in none of these revenues. They went out and did an RFP. The RFP, obviously, we're not going to go through --
Alice Bravo (Assistant City Manager): I'm sorry to interrupt, but the RFP he's referring to was actually for a point of sale sign only.
Commissioner Gort: Who are you?
Ms. Bravo: So this --
Commissioner Gort: Who are you?
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Chair Suarez: Ms. Bravo.
Ms. Bravo: Oh, Alice Bravo, assistant City Manager. Sorry. The previous procurement conducted by Global Spectrum was for a point of sale sign, so since this sign would be open to all advertisement, it would certainly hope to yield additional revenue beyond what was estimated for the point of sale sign.
Commissioner Carollo: And you're saying since they already went through a RFP process that the company has been identified already?
Ms. Bravo: Well, we would redo the procurement process since this would be -- not be a point of sale sign and this would be full advertisement. We think that that triggers a need for a new procurement since it's substantially different in scope.
Commissioner Carollo: And the 250 is just based on estimates?
Ms. Bravo: Their bid or estimate from point of sale perspective. So this augments the revenue potential.
Commissioner Carollo: Okay. Now that's James L. Knight Center so it has got a potential of what, 250, plus another 60?
Mr. Torre: Plus 60, correct.
Commissioner Carollo: Three ten, more or less?
Mr. Torre: Yes, sir.
Commissioner Carollo: And that will go -- be going to the general fund?
Mr. Torre: Yes, sir.
Commissioner Carollo: Okay. Can we go to the next one, Gusman and Miami Children's Museum?
Mr. Torre: Yeah, Gusman and Miami Children's Museum, at this point we're estimating $60,000 for the permit fees. Obviously, if this does go through, we will go through the process of negotiating with both parties to see if the City can contribute in some of the earnings.
Chair Suarez: Okay.
Commissioner Carollo: Got you. So what you're saying is that any revenues would stay with the institution?
Mr. Torre: We would have to negotiate that, Commissioner.
Commissioner Spence-Jones: But the way --
Mr. Torre: The number I gave you --
Commissioner Spence-Jones: -- that it's being proposed now, that's basically what he's wanting to hear. What he's asking is no -- none of the revenue, period, outside of the permitting fees, for those two facilities are coming back to the City.
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Mr. Torre: We have not negotiated that yet.
Commissioner Spence-Jones: Yeah, but based upon what's in the paperwork that you guys have given us.
Mr. Torre: Correct.
Commissioner Gort: Yes.
Mr. Torre: Correct.
Commissioner Spence-Jones: Okay, that's what -- the answer is no revenue.
Mr. Torre: Correct.
Commissioner Spence-Jones: Okay.
Chair Suarez: But I just want to say 'cause I think what he's saying is that we're going to get the $60,000 permit fee, but we have the opportunity to also negotiate for more money.
Mr. Torre: Correct.
Chair Suarez: I think that's what he's saying.
Commissioner Carollo: But why haven't we done so already?
Mr. Torre: I think it's early in the process. It's -- we're trying to get this approved and then we'll go back --
Commissioner Carollo: Yeah. See --
Mr. Torre: -- once it's approved.
Commissioner Carollo: -- that -- I sort of disagree -- respectfully disagree --
Mr. Torre: Right.
Commissioner Carollo: -- when you say it's early in the process. No. If it's coming to a vote, you know, we got to justify our vote. So I think that all this should have been done before coming to us because -- and I -- and listen, this is anything -- I'm not trying to blindside you .
Mr. Torre: Right.
Commissioner Carollo: I'm not -- you all knew we already had issues, and at least I did, with regards to some of these revenues. And we could get about, you know, the locations and all that, you know, later on. But you know, specifically speaking about revenues, it seems like we're getting, let's say, the lion's share from one facility; and the other two, we're getting a permit fee of, you know, $60,000. Is it possible to negotiate? Have you reached out? Has there been communications already?
Mr. Torre: We have had some preliminary conversations. And let me note that the one property that we're getting $310,000 is a property that we own and we have site control. The other two properties are leased.
Commissioner Carollo: Okay, I understand. But we could still --
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Mr. Torre: Absolutely, yes.
Commissioner Carollo: -- negotiate.
Mr. Torre: We could still negotiate.
Commissioner Carollo: Well, Commissioner Sarnoff has always says [sic], we don't negotiate from the dais. But anyways, can we break these properties up -- I mean, I know we're voting it as a whole, all three, but is it a possibility or -- since we're changing an ordinance that includes three properties, is it possible? I mean --
Chair Suarez: The other option is -- this is a first reading so -- I mean, we can --
Commissioner Carollo: Understood.
Chair Suarez: -- do it from first to second readings.
Commissioner Carollo: Yes.
Commissioner Spence-Jones: And Mr. Chairman, I think we -- I know I have a ton of things that I want to talk about, but I think it's also important to hear from the people --
Chair Suarez: Absolutely.
Commissioner Spence-Jones: -- first --
Chair Suarez: One hundred percent.
Commissioner Spence-Jones: -- because there might be something else that comes out that we have not seen --
Chair Suarez: Absolutely.
Commissioner Spence-Jones: -- or we have -- we don't realize that then I think that we can ask you intelligent questions, additional intelligent questions.
Chair Suarez: Hundred percent in agreement.
Mr. Torre: Right.
Commissioner Spence-Jones: So can we hear from the --
Chair Suarez: Yeah.
Commissioner Spence-Jones: -- public on this issue?
Chair Suarez: Let's do it. We're going to open up the public record on FR.3. Anyone from the public or anyone with an interest wishing to speak on FR.3, speak now or forever hold your peace.
Commissioner Gort: He wants to speak.
Chair Suarez: He wants to get in on the action.
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Commissioner Gort: Give him the mike.
Ralph Patino: My name is Ralph Patino. I am the co-chair of the Olympia Center, Inc., with Herman Echevarria and Mr. Trueba, Carlos Trueba. I want to address certain issues that were addressed this morning in a little bit more calm fashion and that is, first of all, the American League of Theaters, which it dominates nationally, says that 225 nights per year equal a significant impact to the downtown business districts all over the United States. I think that that is what -- Commissioner Carollo, that is what you're here about. That is what I am here about. Commissioner Spence-Jones, that is what you're here about and that is what all of us are here about. We want to see the downtown area of the City of Miami prosper and grow. The last 35 years the City of Miami has had the Gusman Center. We want to have -- we want to celebrate 100 years and we have to create infrastructure. In order to do that, both Herman Echevarria, myself, Carlos Trueba, and all the individuals which he mentioned today have stepped up, put up their $10,000 and their additional $40,000 commitment to the point where it's not $140,000 that we have managed to get commitments for in the last six months because that's as long as we've had control of this theater, not one year, but only six months. In six months we have $140,000 in cash as donations. In addition to that, we have booked probably about 50 percent more than the City had in the last three previous years. And in addition to that, we have another $600,000 in future commitments and every month we are getting two to three more commitments from hard-working folks that care for the City of Miami, that care for downtown and that care, believe it or not, for this Commission to look good in its decision, in its decision to have allowed a private/public partnership, so to speak. Now, with respect to this whole situation involving the signage on the building, I spoke to, on our break, Robin Jones Jackson. She is your bond counsel. There is a bond facility on this building of 2 to $3 million, which predates October of 2010 -- 2011, which was the month that we took it over. That bond facility has been in place for years. Guess what, guys? We're arguing over nothing or we're concerned over nothing because any excess monies have to go back to pay that bond facility before anyone sees a profit, before the City can take the money, and this is part of the bond. This is written in the bond. With respect to the actual monies themselves, bottom line is our books are open. . No one is going to take monies and put them in the operating account and do something unwise with the money. In fact, the building itself needs about $7 million of capital improvements before we can even install this mesh to become the signage. And Commissioner Jones [sic], we cannot do anything with the signage until $7 million are spent. The City paid $300,000 to peg the actual concrete that was falling off, and if you recall -- you voted on this -- the City paid $300,000 to peg the concrete onto the wall and put a wire mesh around it so that pedestrians wouldn't be hit with falling debris. In order for us to do the signage now, we have to unmesh those -- the façade of the actual theater and then proceed to fix it and it's going to take about seven million bucks. We've had estimates up to $20 million. This is a historical building.
Chair Suarez: Sir, I'm going to need you to please conclude.
Mr. Patino: Yes. The bottom line -- thank you -- is that we are acting in good faith. We, as a board of directors, are doing our best to get as much money as possibly can in order to repair the building owned by the people of the City of Miami. Thank you very much.
Chair Suarez: Thank you, sir. Next speaker. Whoever needs to speak on this, I implore you to come up to the --
Mariano Cruz: Okay.
Chair Suarez: -- plate before I close the public hearing. Go ahead, Mr. Cruz.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. I've been here in Miami since 1962 and I remember the Olympia. Not only the Olympia in downtown Flagler, in Miami theater, the Florida theater, everything. When Flagler stay open Monday night and Friday night, Burdines,
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McCrory, you name all the places, and there was a lot of people living downtown. You remember that, Willy. You were there. All the little retirement hotels (UNINTELLIGIBLE), the Granada, all the people walk there to downtown. Downtown, it stay open. Now it coming back, but we need place -- I remember I took my children there to see the Ten Commandments, Ben Hur, to sit at the Olympia. I like to see the Olympia. And I was -- I am in the Bonds Advisory Board. We give that money, that $300,000, to fix -- it was given by the City. And you know, maybe we can do like -- when I drive on 17th Avenue south, I look at the Marlins stadium, but then I see Pepsi, Marlins, Miccosukkee, private/public partnership maybe, unless we get somebody like Philip Cross or Jorge Perez that donate 35, 40 billion that will be nice, right. I don't care what name they got as long as they -- we get the money to fix it, okay. But if I was Herman Echevarria, the way he was treated here this morning, I say, you go and get the people to get the money because it was unfair what they did to him here this morning.
Chair Suarez: Thank you, Mr. Cruz.
Mr. Cruz: Thank you.
Chair Suarez: Next.
Peter Ehrlich: Good afternoon, Chairman Suarez, Commissioners, Mr. Mayor -- I guess he's upstairs -- Commissioner Sarnoff. My name is Peter Ehrlich. My address is 770 Northeast 69th Street, in Miami. In addition to being a resident and a taxpayer, I'm a founder of Scenic Miami. I strongly object to this proposed legislation and ask you to vote no. It's a terrible idea to add visual pollution in its worst element, LED (Light Emitting Diode) billboards, to our beautiful city. Visual pollution and LED billboards are horrible problems and they're being fought nationwide. Many of you might be familiar with Scenic America, which is a national organization that fights billboards, LED billboards and visual pollution. When we reviewed the legislation in the handout material, we noticed the City did not include any studies describing how the billboards affect neighborhoods and communities and how they -- and also how they will reduce property values. There's some academic studies that show that properties within vicinities of billboards, LED billboards, are reduced in value. I have several handouts. There's an article from the esteemed owner and publisher of Miami Today, Michael Lewis, and just to quote a couple lines from Michael Lewis, who speaks so eloquently. In Miami, whose image is palms rather than a greedy urban core, expansion of multi-story advertising harms not only the environment in which we all choose to live but the city scape we present to visitors from around the globe. Bluntly, nobody visits Miami to see how much we are like the cities they're vacationing from. Nobody buys a condo here to be in Cleveland or Pittsburgh. Nobody invests in a business here to have it surrounded by urban advertising blight. So as government opens its doors wider and wider to multi-story wall commercials, it closes them a bit to visitors, investment, and jobs. The pittance that Miami City government gets from walled billboard licensing can't begin to make up long-term losses in image and positioning around the world. Thank you very much for your time. Please vote no.
Chair Suarez: Thank you.
Vice Chair Sarnoff: Mr. Chair.
Chair Suarez: Yes, Mr. Commissioner.
Vice Chair Sarnoff: Mr. Ehrlich, can you leave copies of those studies that show that buildings are diminished in value, where those buildings are located, in what cities?
Mr. Ehrlich: Yes. It's on the Scenic America web site.
Vice Chair Sarnoff: Could you --
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Mr. Ehrlich: I'll be happy to give you a copy.
Vice Chair Sarnoff: -- would you leave it here so we can have copies so we can look at them?
Mr. Ehrlich: Yes.
Vice Chair Sarnoff: Thanks.
Chair Suarez: And you know, the other thing I was going to say is, you know, you made a point about it impacting neighborhoods, but -- and this is something we talked about in our meeting prior to the Administration advancing this agenda item. There -- the three locations do not have a neighborhood. There's no neighborhoods around the three locations. There's not one around the Children's Museum, there's not one around the James L. Knight, and there's not really one along the Olympia, so I just wanted to clarify that also for the record.
Mr. Ehrlich: Well, that would be debatable. The downtown has tens of thousands of new residents, residential residents, and who will be affected by billboards and murals ads downtown. And any mural ad on the Watson Island in the Children's Museum will be visible to the neighborhoods, Venetian Causeway, Palm and Hibiscus Islands, Star Island, and really anybody driving the (UNINTELLIGIBLE) Causeway.
Vice Chair Sarnoff: So it's your contention a billboard or a mural or whatever like to call it on the Children's Museum would affect somebody's property value on Venetian Island?
Mr. Ehrlich: I believe it would be negatively affect all the property on Watson Island.
Vice Chair Sarnoff: No, no, no. You said a moment ago that it would affect Venetian Island. Do you have any study --
Commissioner Gort: How?
Vice Chair Sarnoff: -- other than hyperbole?
Mr. Ehrlich: I'm going to -- I'll provide you with the academic study that was done so --
Vice Chair Sarnoff: Right. But you're drawing a conclusion that an island a couple of thousand feet away will be affected. Have you drawn that conclusion yourself or do you have any kind of data from any professional real estate person who has drawn that conclusion that is credentialed?
Mr. Ehrlich: No. It's antidotal [sic] evidence from --
Vice Chair Sarnoff: It's your conclusion.
Chair Suarez: It's your opinion.
Mr. Ehrlich: Yes, it is.
Vice Chair Sarnoff: Right.
Chair Suarez: Okay. Thank you. Next speaker, please. I'm sorry. Oh, her. Yes.
Jennie Isom: My name is Jennie Isom. We live right in the vicinity of the Children's Museum, in the closest neighborhoods. And you can see we have been great beneficiaries of the Children's
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Museum. We're there hours a week probably.
Chair Suarez: So you happen to be -- live in the vicinity and you think that this is actually a benefit for you?
Ms. Isom: Yeah. You know, I -- the funding for the Children's Museum is huge. They provide such wonderful programs and I think they need the funding to continue to do so.
Chair Suarez: Is it your opinion that it's going to negatively affect your property value?
Ms. Isom: No.
Chair Suarez: Thank you.
Ms. Isom: Thank you.
Vice Chair Sarnoff: Where do you live?
Ms. Isom: I live at 2000 North Bayshore, so just over the McArthur, in that closest neighborhood right there.
Chair Suarez: Thank you.
Ms. Isom: Thank you.
Chair Suarez: Ma'am, can you put your name and address on the record, please?
Ms. Isom: Yeah.
Chair Suarez: Oh, she has it? Okay, thank you. Next speaker.
Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I'm a resident, and I fully support the testimony of Peter Ehrlich and even some of what Mauricio said. To take a slightly different tact, I use taxis. I don't drive. And I go all over the City very often. And for months I have been discussing this issue with taxi drivers who drive, who are on the roads all day long, and they agreed that these sorts of signs are very distracting, even if they're on the side of the Knight Center or wherever or downtown. These signs are vulgar, gross, ugly, and I think it is a shame to do this and to put one on the side of the Children's Museum. You're supposed to limit how much your kids can watch TV (Television). How much worse is it to set the example for young children to be looking at this thing in a place that is really wonderful for them? And as far as being able to put these signs on property anywhere, does that include on the swales in front of our houses? This is much too lose, this law, and you should not approve it in the form it's in today. Think of all the places these signs could go up in the future, and once you start down that path -- I know the history of Clear Channel in Miami. Some of us have been fighting it for years and it's not a good path to take. Now it took seven years for the Science Museum and the Miami Art Museum, now named for its biggest donor, for the really big donors to (UNINTELLIGIBLE) up, 35,000 (UNINTELLIGIBLE), the bells at the Science Museum. It's going to take time to raise the funds for the Gusman. This committee has done a great job doing what they've done. Now every man that's given money should tackle --
Chair Suarez: Ms. Sandoval, I'm going to need you to conclude.
Ms. Sandoval: -- ten of its friends.
Chair Suarez: I'm going to need you to conclude, please.
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Ms. Sandoval: So please vote against this as it is today presented.
Chair Suarez: Thank you.
Ms. Sandoval: Thank you.
Chair Suarez: Thank you. Thank you for your respect. Mr. Berkowitz, you're recognized.
Jeff Berkowitz: Good afternoon. My name is Jeff Berkowitz, with offices at 2665 South Bayshore Drive, directly across the street. I am here in my capacity as the chairman of the Miami Children's Museum. Parenthetically, I was watching your proceedings this morning and I am one of the leading businessmen, as Herman Echevarria mentioned, who has paid my $10,000 and who signed a very binding additional $40,000 commitment for Gusman, and I applaud his efforts. I got involved in the Miami Children's Museum over 25 years ago. I was originally from Boston, and when I had my children, I took them to the Boston Children's Museum and it was a fabulous experience and they were enthralled at that experience. And I said, you know, Miami needs a children's museum. So 25 years ago I started working to bring a children's museum to Miami and I raised the first several million dollars for a children's museum. I solicited at the time it was Barnett Bank. I solicited my partner, the Potamkins, and they stepped up with very significant contributions. And for a number of years, as my children got older, I was not active in the Children's Museum. And three years ago I got a call from Debbie Spiegelman saying, Jeff, we have a problem with the Children's Museum. We can't pay the mortgage. That's three years ago. And she said, Jeff, do you think you could go over to the City of Miami and perhaps get them to consider a loan or a grant so that this Children's Museum, this jewel within the City of Miami, does not have to close its doors and does not face foreclosure like many of the residents of our community? And I said I'll do my best. And many of you, including the Mayor and the MSEA Board, stepped up and gave the Children's Museum a grant in the amount of $400,000, which enabled this Children's Museum, this community gem, to survive another day. Well, in the spirit of no-good-deed-goes-unpunished, I was asked if I would consider chairing the Children's Museum, which I agreed to do for a year three years ago. And I said, my mission at that time was to see if we could keep this institution alive for the benefit not of my children because they're older, they've grown, but for the benefit of my grandchildren and for the benefit of their grandchildren and for all of the residents of the City of Miami, all of residents of Dade County, and all the hundreds of thousands of tourists who visit the Miami Children's Museum every year. Last year we had almost 400,000 children and their families. Excuse me; get this out of my way. The Miami Children's Museum is built upon a piece of land which is owned by the City of Miami. The building on that land, almost $18 million worth, has been paid for with the assistance of Dade County and by the generosity of hundreds and hundreds of individuals. It's a public/private partnership between you all representing the City of Miami and the Miami Children's Museum. As part of our lease agreement, you provided that in consideration for you allowing us to build a world-class facility, one of the best facilities -- one of the best Children's Museum in the world on your land, that we would agree that City of Miami residents would pay half-price for admission. So if you live in Dade County, if you come down from New York or over from London or in from Brazil, you pay $12 to enter the Children's Museum as an adult. City of Miami residents pay $6. Now what was the value of that contribution by the City -- I'm sorry, by the Miami Children's Museum in the year 2011? One hundred and twenty thousand dollars. In 2011, 19,996 citizens of the City of Miami, your constituents, visited your Miami Children's Museum for half-price. Now in addition to that, 16,000 people attended our once-a-month Friday, free Fridays, where the museum is open without charge at all. In our marketing efforts for those free Fridays are targeted at our inner cities. They're targeted at the City of Miami for people for whom that $6 for a family of six could be prohibitive. So last year 16,000 people attended once a month on a Friday night for free. Last year we conducted 1,500 field trips at the Museum, of which 300 were free. And by the way, when we -- when the City of Miami graciously and MSEA graciously agreed to fund the $400,000 grant that kept us alive,
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one of the conditions was that we provide free field trips to City of Miami residents for equivalent value and we did and we kept our part of the bargain. Nine hundred and eighty children attended our camps. Over 200 of those weeks were free, with a value of 45,000. The field trips have a value of $525,000. We have a fully subsidized after-school program serving 200 children a day at Liberty City Elementary and at the Museum. Twenty thousand underserved children, most of them from the City of Miami, benefit from the Museum. The cost per visitor to the Museum is approximately $21.40. At $12 admission for Dade County residents and $6 admission for City of Miami residents, we lose money on that. Where do we make it up? We make it up with grants, government grants, with corporate sponsorships, with galas. I'm here as a volunteer today. Over the past three years since the Museum was about to default on its mortgage, I personally have contributed hundreds of thousands of dollars to the Museum. Now we're not here with our hat in our hand asking for another grant or for further relief or for a further subsidy. We understand that the City has financial limitations, but we are here asking for permission to put on our building, the building that we built with our funds, electronic signage. Now we don't need to ask you for permission to put electronic signage on those buildings because that's permitted today. It's permitted for on sale purposes. So, essentially, what this is doing is it's giving --
Chair Suarez: Mr. Berkowitz.
Mr. Berkowitz: Yes.
Chair Suarez: Sorry to interrupt you. How much more time do you need? Just -- I know we gave --
Mr. Berkowitz: I just need five minutes.
Chair Suarez: -- you know, we gave the Gusman a -- quite a bit of time between their two presenters, so five more minutes?
Mr. Berkowitz: Five more minutes.
Chair Suarez: Five more minutes, please.
Mr. Berkowitz: You know, we -- our state funding has been cut. Our federal funding has been cut. Our corporate giving has decreased. We cut our budget in 2011; our staff budget 20 percent. We're making this museum work. And I'm here asking you all to allow us to use our building to generate significant recurring revenues to keep this museum flourishing. Our museum's eight years old, eight and a half years old. The exhibits are beginning to tire and we're going to have to renovate them. They're expensive to do so. We're existing in the middle of mounds of dirt and dust. We're in the middle of a tunnel project at ground zero for the next three or four years. The signage is going to help us get our message across, advertise our events. It's going to assist us, based on the agreements we've signed, in telling people welcome to the City of Miami as they leave Miami Beach and you're now leaving the City of Miami; I hope you enjoyed your stay, as they head over to Miami Beach. We have the ability to use that signage and to direct it for people evacuating hurricanes. We have the ability to assist in advertising community events that the City of Miami is sponsoring, your Coconut Grove Art Festival or our Coconut Grove Art Festival. There has been discussion about, well, all -- the only revenue that the City's going to see is a permit fee, and there is discussion about perhaps we should have negotiated with the Children's Museum to see what percentage of the revenue that the Museum will derive from the signage contracts, and I would suggest to you that the benefit to the City is in the $20,000 annual visitors, your constituents who visit us, from the free Fridays, from the 400,000 annual visitors, from the fact that you have a jewel. You have a national treasure in your backyard and we need to keep that sustainable. The signage will allow us to keep it sustainable. I do not believe that the City's finances are in such disarray or that this Commission could
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possibly be desperate enough to look to tax our children. You do not and you did not provide it at the Miami Art Museum or the Perez Art Museum or at the Miami Science Museum, a discounted admission policy for City of Miami citizens. The value of that, I will repeat again, on an annual basis for the City of Miami residents is 120,000 from the Miami Children's Museum, and I would submit that if you're looking for a percentage of our revenue, we'd be happy to trade you that and -- but we'd have to charge City of Miami residents full charge and we don't want to do that. We're good citizens. It's a -- these cards, these are all individually signed petitions on the part of members of this community, of our Miami Children's Museum family, who are asking you to support this ordinance. And my final comment --
Chair Suarez: Mr. Berkowitz, how many are they --
Mr. Berkowitz: There are almost 4,000.
Chair Suarez: -- more or less?
Mr. Berkowitz: I've not counted them. I'm told almost 1,000.
Commissioner Carollo: And would that be submitted for the records [sic]?
Chair Suarez: Seven hundred, yeah.
Commissioner Carollo: Would that be submitted for the record?
Chair Suarez: Would you --
Mr. Berkowitz: We're happy to.
Chair Suarez: -- mind submitting that for the record?
Mr. Berkowitz: We'd be delighted to.
Chair Suarez: Thank you.
Mr. Berkowitz: And one final comment and I will close. You know, the argument against this is that it's visual pollution. And I'm guessing, as soon as all of us leave our meeting, we're going to look at our smartphones and we're going to see e-mails (electronic), some of which are spam, which is certainly visual pollution, and I know that when I have a break and then I'm going to go home and I'm going to turn on the television and I'm going to see commercials, and when I drive out of here, there's no doubt that I will see signage on trucks. The bottom line is we've got to weigh this. We've got to weigh the comparative benefit for this community, for the citizens of this community, for the Miami Children's Museum. I have this ability to filter, at least my wife tells me I do. I can filter out noise that I don't want to hear and I can certainly filter out signage that I don't want to see. But the bottom line is it tells me, as I drive downtown, who the Heat are playing in the next couple of days. I mean, there are some benefits to it; and the electronic signage, from my perspective, is very attractive. And in closing, one of my philosophies is it's never too late to have a happy childhood, and I would ask you to give us the ability to serve -- continue to serve the children of this community for generations to come. Thank you so much.
Chair Suarez: Thank you, sir.
(Applause)
Commissioner Gort: No.
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Chair Suarez: Anyone else? Hearing none and seeing none -- are you coming? Come on. Did you sign in, sir? Come to the microphone. Did you sign in?
Tom Graboski: Not yet.
Chair Suarez: Okay, thank you. Just identify yourself for the record and then you can just go in and sign in with the Clerk.
Mr. Graboski: My name is Tom Graboski. I am a environmental graphic designer with a master's in urban design. I have worked for the City on many projects, including the identity signage and interfuture signage that you see entering and exiting Coconut Grove. I'm here as a friend of the Museums. I have worked as a volunteer for them on many of their projects. I've been paid for doing work on their projects. I have nothing to do with the current project that we're talking about. The concept that they are proposing for the electronic signage at this facility I would think would be a win/win both for the City and for the Museum. The Museum benefits from the financial input as well as the identification and identity that comes from it. The City will benefit from the visual identity that it will bring, going back and forth across the Mc Arthur Causeway. If these digital images -- these digital boards were anywhere else in the City, I would be on the side of the gentleman who spoke for Scenic America objecting vigorously to the fact that they do hurt neighborhoods. You know, there's two of them sitting on the corner of Douglas and Bird right now that I really feel don't belong there, but they're there and there are other places around here. But in an urban environment, they have a place. New York City has Time Square and they -- I would ask any of you to go talk to a property owner and ask if his value of his property didn't go up when these things started used. You'll find that in the right place properly done, they can make a very significant and positive contribution to what's going on in the neighborhood. You have urban core zoning directly across the street from this Children's Museum and sooner or later, Island Gardens or something like that is going to get built within a hundred feet of our west property line, and having an identity that will help encourage both that, this will bring life to the Island and to this whole area. So I appreciate your time. I am in favor of this. Thank you.
Chair Suarez: Thank you, sir. Anyone further from the public? Hearing none and seeing none, the public hearing is closed, coming back to this Commission.
Commissioner Spence-Jones: Mr. Chairman.
Chair Suarez: Yes.
Commissioner Spence-Jones: I just have some --
Chair Suarez: Commissioner Spence-Jones is recognized.
Commissioner Spence-Jones: -- questions. Did you --
Chair Suarez: Yeah, go ahead.
Commissioner Spence-Jones: Commissioner Carollo, you had some --? You were going to --?
Commissioner Carollo: I was --
Commissioner Spence-Jones: Mine are quick. Yours might be a little --
Commissioner Carollo: I'll yield to you. I mean, realistically, I was just going to request a finan -- their financial statements for the year ended 2011, June 30, 2011. I have their financial statements for June 30, 2010. It didn't seem like it did too bad, but I want to see their financial
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statements for June 30, 2011.
Mr. Berkowitz: We lost $46,000, which --
Commissioner Carollo: Again --
Mr. Berkowitz: -- not bad.
Commissioner Carollo: -- I would like to see it.
Unidentified Speaker: (INAUDIBLE).
Commissioner Carollo: Thank you.
Commissioner Spence-Jones: Okay. So I just have some quick questions from the Administration, and I know we kind of went back and forth on the issue. The first question I had was what, you know, if any, are the projected annual revenues for each location, which is something I didn't really get a full understanding? And I'm saying projected revenues from those signs, the three signs that we're speaking of. So if I don't have the answer today and if this item moves to the next level, I would like to definitely make sure that we have that information before the next reading, so that's --
Mr. Torre: Okay.
Commissioner Spence-Jones: Unless you have an answer. But to my understanding, you don't.
Mr. Torre: My answer is we have it for the James L. Knight Center. The other two --
Commissioner Spence-Jones: Right.
Mr. Torre: -- we don't.
Commissioner Spence-Jones: I think that if we're going to vote on anything permanently, we make -- we have to make an intelligent decision with all the information. Because I want to understand -- you know, know what the revenue is on all three sides. Then the other question I had was, you know, we talked about one LED per location, right? My question becomes on buildings like the Gusman where you could have signs on both sides facing the public right-of-way, are we -- I just want to be clear. Based upon, you know, what's being presented to us, is there going to be more than one sign with this particular ordinance or is it just -- or is this allowing for two signs?
Mr. Garcia: Good afternoon. Francisco Garcia, Planning & Zoning director. The way the ordinance is presently drafted, it speaks about these signs in the singular. That however would not preclude necessarily a sign that turns the corner, so to speak. And the reason I say that is we have precedent presently as part of the mural ordinance. That being said, though, Commissioner, the -- perhaps the some more precise answer would be we would have to study each application on a case-by-case basis, and if it is found whether by us, the Historic Preservation Board, any other applicable body, that that is not the desirable way to go, then we would not be approving that sign.
Commissioner Spence-Jones: Can I get a yes or no 'cause --?
Mr. Garcia: The possibility exists to apply for it, but it has to be decided on a case-by-case basis. So it's contemplated to be one --
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Commissioner Spence-Jones: So the answer is yes?
Mr. Garcia: -- sign. The sign could turn the corner.
Commissioner Spence-Jones: Okay, one sign but basically two different sides of the building?
Mr. Martinez: The sign that turns the corner in a mural instance is considered one sign, if it just turns the corner.
Commissioner Spence-Jones: Oh, if it's connected?
Mr. Martinez: Yeah.
Commissioner Spence-Jones: Not two different separate signs?
Mr. Martinez: No.
Commissioner Gort: Commissioner.
Commissioner Spence-Jones: Is it --?
Mr. Martinez: If it turns the corner.
Commissioner Spence-Jones: Okay. All right, not a problem. (UNINTELLIGIBLE). All right, so I just want to be clear. So it can't be two different messages on two different signs. Like I can't be driving down one side and I have the whole different message and then the other side a whole 'nother message because that would constitute two different advertising opportunities, correct?
Mr. Garcia: Well --
Commissioner Spence-Jones: Okay, these are the questions. Again, we may not get all in this meet --
Mr. Garcia: Right.
Commissioner Spence-Jones: -- particular meeting, but these are things that I think the staff should never stumble on. You should be able to -- you guys should be very clear, you know, when you step up to the -- I understand what you're saying. You're saying from a wrapping standpoint, if it's one particular message, this sign -- this ordinance would allow for you to do. I got you. But I just want to make sure it's very clear that you're not having two different opportunities to make revenues off of this particular ordinance.
Mr. Garcia: Right. And I wanted to address that as well, Commissioner, because the language I submitted to you contemplates copy that changes periodically. I believe the exact provision is for one copy every eight seconds. So in order to understand your concern, your very concern is that the copy won't change or that there will be only one message. That is not the case. I just want the clarify that. The case is that the copy can change over time. So what you will see, the image displayed on the sign --
Commissioner Spence-Jones: Right.
Mr. Garcia: -- will be able to change over time as --
Commissioner Spence-Jones: Yes.
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Mr. Garcia: -- frequently at eight-second intervals.
Commissioner Spence-Jones: Right. My only concern in all of this -- I just want to be clear -- is that we don't have two -- on one side of the building a different advertisement and the other on the other side.
Mr. Garcia: That is correct.
Commissioner Spence-Jones: That is what my --
Mr. Garcia: That is correct.
Commissioner Spence-Jones: -- question was. And you're saying no, that's not the case.
Mr. Garcia: That is not the --
Commissioner Spence-Jones: That wrap will allow for us to only have one message, one form of revenue, period.
Mr. Garcia: At a time, yes.
Commissioner Spence-Jones: At a time. Okay, cool. All right, the other thing I had a question on and I want to be clear on -- the biggest issue I had in our briefings -- and, you know, again, I'm hoping -- with the Manager and all the individuals involved in this -- is the revenue sharing part of this. For the last few months, you know, I've been talking about not only this issue but the other billboards and other things that are throughout the City of Miami; us looking beyond the permitting part of this, the fees part of this and us figuring out a way that we can at least share in those revenue -- like revenues like other cities across the countries [sic] are doing. And despite what -- and I have a lot of respect for the chairman of the Children's Museum, but despite the comment that he made today, the last couple of months we've seen that the City -- I appreciate the fact that you don't feel that, financially, we haven't had some challenging issues, but clearly, if you don't know it -- if you didn't know it before, you need to know it today, and all of the City Commissioners sitting up here, the City is having some serious financial issues that we need to work through, which is why you hear from Vice Chair always speaking -- and is even on his agenda today -- about the hiring of police officers, about, you know, employees being laid off, about us not being able to provide services. The same issues that you guys speak of about trying to make sure that you try to provide resources to families of the Children's Museum, we're trying to do it for the City employees that live here that have to take care of their families, that may be able to send their kids to the Children's Museum. Because if they don't have a job or anywhere to work, they won't even have an opportunity to even enjoy walking to the Children's Museum. So we have a delicate balance and that is, yes, we think what you do and what the Gusman does is very important. I support that 100 percent. I have two boys of my own, you know. But the reality is I also have to look in the face of these City employees that I'm also having to tell that if the resources aren't here, departments are having to let go seven, eight, nine, ten employees, and our commitment is to the residents first and to the City employees first. So my only comment on this -- and I'm hoping that we're able to come back to this item and really make sure that we address the revenue sharing part of this. None of us sitting up here should ever sit here and try to at least pretend that, you know, these -- I don't care if it's $250,000; we need every dime in the City right now. And I'm saying this to my City Manager, and we had this discussion, you know. It's very difficult for me to be briefed, you know, the house is on fire -- and I don't want to get into the details of that -- but then you turn around on this same -- in the same week at -- I'm looking at items where we're giving the whole house away and not even trying to generate revenue and this has been the main push, you know. That's fine for people to make money. I don't have a problem with that. We need, you know, the economy to circulate, but we also have
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to think about our own city first too, so I really want to make sure that we consider revenue streams as options in all these agreements. So that was the number-one issue for me in our beginnings of our discussions and, hopefully, this will be addressed if not today, but addressed before the next time that it's heard. And then last but not least, you know, I don't have a -- I know some people have a issue with the visual pollution and, you know, I guess that Sarnoff's -- that's probably -- your constituents have a real big issue, you know, with that and that's your battle. I'm learning how to choose my own. This -- my only question is, originally, before I left -- and Sarnoff probably remembers this -- I remember we talked about murals and we talked about billboards and the opportunities to kind of include this in regional parks because at the time we thought about the opportunity to generate revenue for our City programs, our City parks, our staffers, and I just -- what really bothered me out of -- with this legislation was the only three properties that were identified in this legislation. I just feel that if this is coming back to us again, that we need to definitely open up to at least include a number for, which would be regional parks, and regional parks are places like Grapeland. I know the former City Commission that was sitting here -- Angel was pushing for that and that's a great place on the way going to, how do you say it, the airport as an option. I know even in my district they were -- we were pushing really hard for Gibson Park because all of our park programs, you know, they're diminishing in such a way because we don't have the resources to provide support to our kids. So the only thing that I would ask that be amended in this is to include a number for, which would allow for regional parks. Of course the City Manager, it would be up to your discretion, I'm assuming, you know, and I guess we would have to vote on that, what those regional parks are. But I think it's important for us to look at every opportunity to generate revenues so that our City, our employees, and our residents, you know, we stay afloat. That's extremely important to me, and that's my only comments on today. I think I've covered them all. But I do want to address your last issue, Mr. Berkowitz. You mentioned -- and I just like stuff to be clean, you know. You mentioned that you really -- you have the ability right now, the building itself, to go 'head and put up a sign, and I wanted to correct you on that 'cause I just -- I had to lean over to my City Attorney and to verify that you don't have the ability right now without having the City's approval to have any billboards or any murals or any of that sort put up on your building without having support from this Commission and it's extremely important. Yes, you can put a sign to say come to the Children's Museum and to promote the Children's Museum and some of the things that are being offered in there, but that is a very big difference than being able to advertise Lexus, Cadillac, and all of the other things, and hopefully no alcohol on children's buildings, or beer. But my point is there is a very big difference in the two so if I'm not -- am I correct, Madam City Attorney, on this issue?
Ms. Bru: The Children's Museum has the ability to have signage related to the premises, to the business that they conduct on the premises. They don't have the authority to engage in outdoor advertising, which is what this sign would allow them to do.
Chair Suarez: Can I just ask a question on that? So what you're saying is that -- that's a point of sale, correct?
Commissioner Spence-Jones: Yes.
Chair Suarez: Right. So what you're saying is the only thing -- so they can already -- you're saying they can already do a point-of-sale sign, an electronic sign, so they can visually pollute, supposedly --?
Ms. Bru: I don't know what kind of sign because I think the lease talks about the sign that was submitted as part of their MUSP or their building plan, so there was some City approval of the kind of sign that went there already.
Chair Suarez: Yeah. Well --
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Commissioner Spence-Jones: And --
Chair Suarez: No. I was just going to say that, you know -- and I'm sorry to interrupt you on your point -- that, you know, if they already have the right to put up a sign and that is already in effect, visual pollution as some would consider it, then the only thing we're talking about here is the content of the information that's on the sign itself. But it doesn't make it more polluting or less --
Commissioner Spence-Jones: Yes.
Chair Suarez: -- polluting.
Commissioner Spence-Jones: Yeah. And I don't know -- because I don't know even if the sign itself talks about whether or not it's digital or not. It could just be signage, period. Okay, she has to look it up. But that's neither here nor there. My point is I wanted to correct you because it's really important whatever we speak here not only amongst the Commission, but I always think about the people that are watching and I don't like to send mixed signals, so it's really important.
Mr. Berkowitz: And may I --
Commissioner Spence-Jones: Yes, you may.
Mr. Berkowitz: Madam Commissioner, may I clarify because I am a recovering lawyer and I do have a commitment to accuracy and to truth, but I am not an expert in the area. So the statement I made was a statement based on the discussions that I've had with the learned counsel of Greenberg Traurig.
Commissioner Spence-Jones: Yeah.
Mr. Berkowitz: So I'm going to let her tell you that I did not make a mistake.
Commissioner Spence-Jones: So we can spank her and not you.
Mr. Berkowitz: Feel free.
Commissioner Gort: It's her fault.
Commissioner Spence-Jones: It's her fault.
Iris Escarra: Good afternoon, Commissioners. Iris Escarra, 333 Avenue of the Americas. What Mr. -- what we had explained to Mr. Berkowitz is that his building is allowed signage, on-site signage for uses, for identification signage, for merchandise that's sold in site. What is not allowed is off-site signage. The content -- like the Chairman had mentioned, the content of the sign -- once you have the Lexuses, the things that are not sold on site, that requires a special City Commission approval.
Commissioner Spence-Jones: Right. And we all can agree that it's more valuable if it's a Lexus, a Cadillac, a Rolex --
Ms. Escarra: That's why we're here.
Commissioner Spence-Jones: -- than “Come to the Miami Children's Museum.” And I understand it's business, but --
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Ms. Escarra: Correct.
Commissioner Spence-Jones: -- it's just important for us all to be on the same page about what we're speaking of. In closing I just want to say, you know, the bottom line, every dime counts for the City Commission. Our job and responsibility as elected officials is to make sure that we keep our house in order and to make sure that we benefit from every business move that we make, and this is a business move, you know. So I just wanted to at least make sure that it's clear from the Administration side of it. I can only support this legislation is if there is a revenue stream that's attached to it that benefits the City, our City employees and the services that, you know, we need in order to run our City. And then the only way that I can support the issue is if we also allow the opportunities for the regional parks to also be included so that additional revenue can be used as -- utilized as well. To me, I think that those are my main issues.
Chair Suarez: Thank you, Commissioner. I just have a question, kind of maybe give an example that may illustrate the difference between the point of sale and I think what they call Class C commercial signs. In the point of sale context -- and correct me if I'm wrong, please anybody in the Administration -- if you're selling Pepsi inside, you can advertise Pepsi, but you can't advertise Coke.
Commissioner Spence-Jones: Right.
Chair Suarez: So the only difference is that under this, you're able to advertise Coke if you're selling Pepsi inside. So it's --
Commissioner Spence-Jones: Yeah, but it's a big difference --
Chair Suarez: No, no, no.
Commissioner Spence-Jones: -- in the revenue stream.
Chair Suarez: Oh, no, no, no, no.
Commissioner Spence-Jones: Huge.
Chair Suarez: No, no, no. The revenue stream argument, I'm with you a hundred percent.
Mr. Martinez: This is for the arguments that say we're over-polluting.
Chair Suarez: Right. I'm talking about visual --
Commissioner Spence-Jones: Oh, okay, no, no.
Chair Suarez: -- pollution.
Mr. Martinez: The signs that's already --
Chair Suarez: I'm not talking about the revenue.
Commissioner Spence-Jones: Well, we already established that that's --
Chair Suarez: Right.
Commissioner Spence-Jones: -- Commissioner Sarnoff's -- Vice Chairman Sarnoff's argument. So -- right?
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Vice Chair Sarnoff: When I'm ready to speak, I'll let you know.
Chair Suarez: Okay.
Vice Chair Sarnoff: I'll filtering it all in, as they say. I'm taking -- I'll take the visual pollution in.
Chair Suarez: On that note, Vice Chair, you're recognized for the record.
Commissioner Spence-Jones: And D5 (District 5), we're not concerned about the visual pollution.
Vice Chair Sarnoff: No. I -- you know, should a fat bald man be allowed to be shown on one of these buildings? That's visual pollution, right? Should a beautiful woman with beautiful long legs be allowed to be shown on that? Well, I guess that's not visual pollution. See, nobody's the arbiter of what is pretty and nobody is the arbiter of what is ugly. It's all in the eye of the beholder. And in the words -- I think it was Justice Douglas -- I can avert my eyes. When I see something I don't like, I can avert my eyes. Yet, in Miami, you can't. And not only does it in Miami, it destroys your property value. See, none of the statements I'm making are true, they're just extremes. Is a beautiful woman nice to see on a billboard? I'd say yes. Are the Beatles fun to see on a billboard or on a --? I know there's one on I-95. When I see the Beatles up there, I don't know, it brings back memories to me. Probably a lot more memories to Berkowitz since he's the right age. But, you know, every billboard has a plus or every commercial message has a plus and every commercial message has a minus. And we up here today sit here in our discretion to determine if the good, the benefits, outweigh the burdens. I would suggest to anyone that if I really believed for one moment that I would destroy or harm somebody's property value, I simply wouldn't engage in this. I could tell you that as a result of the murals, three major downtown properties survived this onslaught of depression 'cause for them it wasn't a recession; for them it was a depression. The Marquis exists, 1010 Museum exists, Marina Blue exists all because they were allowed to have commercial message. And by the way, when people could not come up with their necessary maintenance fee, it offset their maintenance fees. So was this a good program? Let me make a suggestion to everybody on this board 'cause I know Commissioner Spence-Jones was involved to some degree. Your mural ordinance is not only a good mural ordinance, it's the best mural ordinance in the United States. Nobody has anything comparable; not Houston and not Dallas. And how do we know that? Because the mayors of both of those cities have visited us and asked us how did you do this? Four point five million dollars a year annually. Is that a good thing or a bad thing? Again, it's all in the eye of the beholder. Without the $4.5 million, I look at it as, you know, that's probably about what, 450 cops. So do you need 450 less cops? Well, maybe you do. Or maybe less programming in your parks? Maybe you do. Do you need less firemen? Maybe you do. But today you're being asked a different question. You're actually being asked what is the role of government, 'cause here's where you are. Because I said we were going to get to this three years ago, and you just took a 34 percent reduction in CDBG (Community Development Block Grant) dollars, you took another 10 percent reduction in CBDG [sic] dollars. And I got news for you. I'll be up here two years from now and you'll still be taking a 20 and 25 percent reduction in CDBG dollars. That's whether Barack Obama's still president and that's whether Mitt Romney is president. Because as long as you are spending six out of ten dollars on entitlement programs and four in ten dollars is borrowed, those are numbers that are going to be cut, bottom line. Can't pass it on to Suarez's grandkids. He doesn't have kids yet, and you're already passing it on to his grandkids. That will happen. So government's role -- what is government's role? It is no longer able to shoulder the responsibility of culture and affairs. Why? It simply isn't a primary task like police, like fire, like sanitation. So government shrinks from what it had been doing in 2001, 2002, 2003, not because it wants to shrink from that, because it can no longer sustain that kind of revenue sharing with the good causes. Government starts filling the role that you demand that it fills. And the only way you can backfill that in a cultural setting is to afford the cultural centers profit-making
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opportunities. I don't mean to sound like a broken record, Mr. Chair. I said this with the Coconut Grove Playhouse. I said this with Miami Marine Stadium. If these things are to survive, the activists, as well as the rest of the business community, have to find in their hearts the ability to allow them an ability to offset revenue so they can create revenue opportunities. If it's so heinous for some people to see a visual billboard or whatever you'd like to call it -- I happen to think the one on the Gusman is a stellar example of a great adaptive reuse. I think the one at the museum fits so well with the architectural nuance of that building. And with regard to the James L. Knight Center, it always was a butt ugly building and no visual anything will help it. But having said that, if we fit our role of government -- for years and years and years we gave to the Miami Children's Museum, we gave to the Gusman, hundreds of thousands of dollars annually, and we simply can't do that any longer. So here's the stark choice you presently have. Your stark choice is let them close. I'm a purist. I wouldn't allow a commercial message within a thousand feet of my home. Mr. Berkowitz, sorry, your children just are simply not going to be allowed to go to the museum. Sorry, sir, I just can't have visual pollution in my city. And that's not me. I'm not going to say that to the Gusman either, not when the Gusman has a unique opportunity. Think about this. Think about the Gusman's ability to show a play on the exterior of its building when you're not actually in there. You know, this past Christmas I went to Time Square and I actually stayed in Time Square, and my neck got tired from looking around at the awe and the amazement. And Mr. Ehrlich, I did check to see the differential, the delta as they say, between what a piece of property was worth in Time Square in 2000 and what it's worth today, and it's about a ten-fold increase. I didn't say one-fold. I didn't say three-fold. I said a ten-fold increase. So if the place that has the most visual pollution, if you will --
Chair Suarez: That's a thousand percent, by the way.
Vice Chair Sarnoff: What's that?
Chair Suarez: That's a thousand percent.
Vice Chair Sarnoff: Right, about a thousand percent increase. If you look at the 2000 value --
Chair Suarez: Just in case you're wondering.
Vice Chair Sarnoff: -- versus what it was in 2010. And by the way, the projection is still going up. So visual pollution does not harm your property values. With all that said -- and I'll conclude -- if you don't like visual pollution, avert your eyes. If you don't like murals, avert your eyes. If you don't like what's on TV (Television), turn it off. If you don't like the truck that you're following in front of, make a left turn. If you don't like looking at an ugly man with a bald head, turn your eyes to the right and find that pretty woman. It's -- you're all -- it's all up to you guys. It's all up to us. It's a balancing act, and the balance that I find here is that the cultural opportunities that you afford children, the cultural opportunities that you afford playhouses, the cultural opportunities that you afford concerts are certainly worth a small amount of commercial messaging. So I do support this ordinance, Mr. Chair.
Chair Suarez: Thank you, sir. Commissioner Carollo, then Commissioner Gort.
Commissioner Carollo: Thank you, Mr. Chairman. Since we're addressing the visual pollution side, I'll start with that. I will admit, though I cringe at thinking that, especially the Miami Children's Museum will have an LED mural/billboard, yes, I do. It's -- it will be the first, so the truth of the matter is that, yeah, I do cringe. I don't have a problem with James L. Knight Center, Gusman. And we start getting into that maybe yes, maybe not. And with the Miami Children's Museum, it's definitely the only thing in -- the only place in Watson Island that will have that type of signage. At the same time, everybody knows that I put up a big fight when they were going to put a billboard, LED -- I don't know if it was LED or not -- in front of a neighborhood and this actually does not hinder on any neighborhoods. So I still have to, you
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know, grapple with it a little bit but at the very least, I know for a fact it's not affecting a neighborhood like in the past it would have. And also, the district Commissioner, you know, has stated that he doesn't have a problem with it. Now outside from that, one of the reasons that we're stating or if not the main reason for this billboard and some call it visual pollution or not , is plain and simply funding. You know, I've heard that, you know, if this funding is not here, some of the places will close down or may have to close down. Well, I'm looking at the financials and I'm telling you, I don't see any going concerns with the Miami Children's Museum, so I don't think that's the case here. I haven't read through the whole financials, but I could tell you, just looking at the P and L, the profit and loss, the statement of activities, yes, okay, this year you had a loss of 48,000 unrestricted or in total, 27,000. But the truth of the matter is that, you know, last year you had profits of 571 or revenues over expenses of 571 unrestricted. And if you look at the total, it's 1.4 million. But what I'm saying is it's not like you have a going concern. You're doing good. The issue I see this year -- and let me finish, please.
Mr. Berkowitz: Of course.
Commissioner Carollo: The issue I see this year is the big drop in donations. You went from 1.8 million to 500,000. So I don't know if you're having problems raising monies or the donations, but that's where I'm seeing the big problem. Now, with that said, more alarming to me -- 'cause you know how I requested the financial statements for your last -- the year ending 2011. If you were to ask me for the financial statements of the City, I would tell you, guess what? We haven't issued them. More alarming is that we've been told that we don't know when those financial statements will be issued. Slight different. Your year end is June 30. Our year end is September 30. However, they were supposed to be issued on March 31. They were not issued. That's alarming to me. So when Commissioner Spence-Jones states, as far as our financial position and as far as we're talking the simplest form of services, police, fire, solid waste, realistically, yes, we're concerned. We are looking at a possible budget deficit of somewhere in the area of $40 million. And you know, last year we started lower than that and it grew much higher than that, so there's concerns. I mean -- and I think they're legit concerns. So I know this is first reading. Between first and second reading, you know, if it should pass on first reading, before first -- second reading, I think we really need to discuss this. You know, I'm fair and I'm reasonable, but the truth of the matter is we really need to get deep into this. We need to discuss the numbers and take it from there. Thank you.
Chair Suarez: Commissioner Gort.
Commissioner Gort: I got to go back a few years. You guys remember the TV program Miami Vice? Somebody was talking to me about Miami Vice, what the skyline looked for the City of Miami back in the '90s or '80s. You look at the City of Miami today, you look at the skyline, you see the amount of investments that have come in in the area. Back in the '90s, we were talking about in order to bring investors to the City of Miami, we needed to create museums, we need to create art, we need to create the type of atmosphere to bring those individuals here. Downtown Miami died at 5 o'clock every night, nobody on weekends. We need to bring housing to downtown Miami. The first housing we did, we did it right there on the Olympia, the Olympia building. Then we created three other buildings with affordable housing to start bringing that. We can see what's happening to downtown Miami in that area. We began that by creating that. We did the funding for that. The Gusman hall, every time they have an event there, the merchants in the area, they really love it because they make the revenues that they need for the rest of the month with the one activity. So in other words, when I look at this, I also look at the impact that it makes in the economy at the City of Miami. And this is something else that we need to analyze. I know we're having financial problem, we got problems and maybe in the second reading we can look and you can hear the message from a few of the Commissioners here. Let's see if we can help each other. This is very important 'cause we have to continue to support the City because without the City we can't support these other events. Now when it comes to the pollution, I love the signs. I mean I love when I see it now on TV and to look at the
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-- back in the '60's, like most of the buildings in TV were dark. Today when you look at our buildings -- and you got to realize this is being watched worldwide. Why are we having so many people from Europe, from Asia wanting to come and invest in Miami? Because they see us every day. We're becoming the envied, and I know we have to be very careful in this. Now, you're talking about people being distracted when driving. I remember about 20 years ago I got a ticket because I had a small TV for my kids and I was looking at it. The policeman stopped me because that was bad. That was dangerous. Today you got everybody with the -- what do you call them, GPS (Global Positioning System), right there looking at them. You got your people text messaging. I mean, you want something more dangerous than people driving and text messaging or trying to write. I mean, come on. Let's be realistic. And someone when they come and tell me how it affects their property, I'd like to know how. What's the effect? What does it does to their property? I'm in favor of it. I don't have any problem with this ordinance. Matter of fact, I was going to bring a pocket item today. One of the things we talked about when we first opened the People Mover or the downtown -- everybody was saying how ugly our rooftops look. Well, guess what? Why don't we come out with a pocket item -- I was going to bring something to generate additional funds. Why don't we come up with the -- an ordinance where we can allow the people to create more attractive setting on the roof and do some advertising on the roof. We have the heliport coming in, which people will be coming in and out looking at the rooftops. We got the downtown, a lot of the -- most of our buildings, they're right in heart of the planes taking off or landing. So that's something maybe we should look at too. I don't have any problem with the ordinance. I do think we should get together. We got to work as a team and bring the benefit to both parties. Thank you. That's it.
Commissioner Spence-Jones: Mr. Chairman, do you have some comments you want to --?
Chair Suarez: I do.
Commissioner Spence-Jones: Okay.
Chair Suarez: But you -- go ahead. Go ahead. I'll wrap it up.
Commissioner Spence-Jones: No. I was just going to go ahead and make the motion. But I mean, if you want to --
Chair Suarez: Okay. You move it?
Commissioner Spence-Jones: I move it with the amendments.
Chair Suarez: Okay.
Mr. Torre: I do --
Chair Suarez: Yeah, I know. And I think the Administration has to put something on the record regarding amendments. Go ahead.
Mr. Torre: Actually, there's a few issues.
Chair Suarez: Go ahead.
Mr. Torre: Number one, I wanted to clarify that the Gusman center is not a lease. It is an operating agreement. I apologize for that misspeak.
Commissioner Gort: I'm sorry. You have to speak into the mike.
Mr. Torre: The -- excuse me -- Gusman center is an operating agreement, not a lease. The
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amendment to the legislation is going to read that permit fees paid to the City will be for the benefit of the City rather than the benefit of the venue, and that'll be in the second -- prior to the second reading.
Chair Suarez: Thank you.
Mr. Torre: And the last item is the permit fees can go as -- is based on per square foot. It can go up to 126,000. That is the maximum. So when I said 60, it could go up considerably.
Commissioner Spence-Jones: Are those your amendments you're putting?
Mr. Torre: I'm sorry?
Commissioner Spence-Jones: Those are the amendments you're speaking of?
Mr. Torre: Yes.
Commissioner Spence-Jones: Okay, so those aren't mine -- necessarily my amendments. So should I just add my amendments?
Chair Suarez: Yeah, sure. Go ahead. Put them on the record.
Commissioner Spence-Jones: Okay. So you have three items, so definitely want there to be a number four for regional parks. Okay, that's the other one part of the amendment. And we don't have to decide what the revenue stream is going to be today, but I'm asking for our manager when it comes back on the second reading, that we look at, you know, something that makes sense for us all. Hopefully, by then you will have real numbers from the potential revenues that's going to come from these sites so that whatever it is, you know, it's not hurting the individuals that, you know, clearly need support for their venues, but at the same time it's helping the City. So hopefully, we can get real numbers to, you know, at least come up with an estimated amount.
Chair Suarez: Thank you. Where do I start? When the Administration brought this to me, I, like Commissioner Carollo, kind of --
Commissioner Carollo: By the way, second for discussion.
Chair Suarez: Okay, great.
Commissioner Spence-Jones: Thank you.
Chair Suarez: Second for discussion. I also kind of cringed a little bit when this was first brought to me. And I do think there are a well-organized, substantial group of people who do feel that any outdoor advertising is visual pollution. And I think that, you know, that happens and that exists. But then I actually started to think about it and think about, you know, what is it that the City's doing here, what is it that the City's proposing? And I actually invited the group to come and meet with me and the Administration to see if there was a way that they could support this because I feel that the hardest decisions that we have to make up here are when we are dealing with two different noble objectives. And I remember not that long ago we had to choose -- or I chose and the Commission also, affordable housing over a park in a specific piece of property. And so, you know, in this case, you have what I believe to be two noble objectives. And so as Mr. Berkowitz said, you have to weigh, you know, the benefit versus the cost. When I weigh the benefits versus the costs, to me it seems to me that the benefits outweigh the cost because these are treasures in our City, and the last thing that we want is for them to be in jeopardy. So I am supportive of this on first reading. I want to see what those amendments -- other amendments are just between the first and the second reading and see, you know, where we
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go with that. But I will support this on first reading. It's been moved and seconded, and it's an ordinance.
Ms. Bru: Okay. With the amendments proffered by Commissioner --
Chair Suarez: All amendments.
Ms. Bru: Okay.
Chair Suarez: Yeah. I mean, she's the mover. She made the amendments and she accepted the amendments by the Administration. And the seconder, you accept?
Commissioner Carollo: Yes, I do. I just want to be able to work with the Administration with regards to the numbers and the revenue sharing and stuff like that.
Chair Suarez: Thank you.
Ms. Bru: Okay.
Chair Suarez: Okay.
The Ordinance was read into the public record by the City Attorney.
Priscilla A. Thompson (City Clerk): Your roll call. Vice Chair Sarnoff?
Vice Chair Sarnoff: Yes. I'm not sure -- I want to learn what a regional park is and I will make a statement on the record I will not put any outdoor advertising in any District 2 park.
Commissioner Spence-Jones: What now (UNINTELLIGIBLE)?
Chair Suarez: He's saying he will not put any outdoor advertising in any District 2 park.
Commissioner Spence-Jones: Oh, okay.
Chair Suarez: I'll second that for District 4. I'll tell you that right now because right now we're having a major issue in Shenandoah Park with a fire station that was -- they were told -- the community was told that this station would be temporary until they found a location. Well, eight years have gone by and they have not found a location. So this -- we have bond money that's -- it's about $4 million of bond money that's tied up in the construction of this firehouse -- it's firehouse station 14, I believe, or 11. I get them confused. Those are the two numbers in my district. And I could tell you that it has not been easy dealing with the Shenandoah residents regarding making that permanent. So there's a high level of sensitivity in my district to anything that diminishes park space, that gets in the way of park space. So for me personally, I would exclude District 4 from that as well.
Ms. Thompson: Continuing with your roll call. Commissioner Gort?
Commissioner Gort: Yes.
Ms. Thompson: Commissioner Carollo?
Commissioner Carollo: On first reading, yes.
Ms. Thompson: Commissioner Spence-Jones?
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Commissioner Spence-Jones: On first reading, yes.
Ms. Thompson: Chair Suarez?
Chair Suarez: On first reading, yes.
Ms. Thompson: The ordinance, as modified, has been passed on first reading, 5-0.
Chair Suarez: Thank you.
Commissioner Carollo: Thank you. And Mr. Chairman --
Chair Suarez: Yes.
Commissioner Carollo: -- just what you're saying is -- I understand exactly what you're saying because in all fairness, that station actually provides service to areas in my district and actually to my residents --
Chair Suarez: Yep.
Commissioner Carollo: -- so I know exactly what you're saying and that's -- but I think between first reading and second reading we'll have a chance to --
Commissioner Spence-Jones: And I just want to --
Chair Suarez: Okay.
Commissioner Carollo: -- address.
Commissioner Spence-Jones: -- mention --
Chair Suarez: Yeah, yeah, yeah.
Commissioner Spence-Jones: -- one of the parks that I --
Chair Suarez: And I wasn't -- Go ahead.
Commissioner Spence-Jones: One -- Commissioner Carollo, one of the parks I thought about was, honestly, which would be a highly visible area, is your park, Jose Marti. It's like in a place where, you know, quite frankly, the kids in that area needs those resources for the park. But I'm just saying, just leaving it open so that you have that as an option. And even though our D2 (District 2) Commissioner is very clear about that, but I'm willing to bet you -- I don't know if you're going to be here four or five years from now -- you might reinvent yourself, who knows, but you may. You know, I wouldn't be surprised if you have Museum Park coming back to you later on saying, you know what, we just need additional revenue. So even though you may not be here and you may not be in agreement with it, I would not want you to tie the hands of the next Commissioner after you. That -- I've learned that from you.
Vice Chair Sarnoff: That's a perfect --
Commissioner Spence-Jones: I took your words.
Vice Chair Sarnoff: -- that's a very valid, debatable point.
Commissioner Carollo: And we'll have time from first reading to second reading.
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Commissioner Spence-Jones: Right.
Chair Suarez: And I think there was one in my district that was thought about, which was Robert King High. I mean, I -- I'll be honest with you, I don't think that I could support that in my district. I don't know about everybody else, but anyhow, sir? You're very welcome. Thank you. Thank you for your presentation.
END OF FIRST READING ORDINANCES
RESOLUTIONS
RE.1 RESOLUTION 12-00270 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) Fire-Rescue ADDING THE AGENCIES OF THE BROWARD COUNTY SHERIFF'S OFFICE AND THE PALM BEACH COUNTY SHERIFF'S OFFICE, AS PARTICIPATING AGENCIES IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2010, PURSUANT TO RESOLUTION NO. 11-0478, ADOPTED NOVEMBER 17, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY ATTACHED FORM, WITH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE-RESCUE. 12-00270 Summary Form.pdf 12-00270 Pre-Backup.pdf 12-00270 Legislation.pdf 12-00270 Exhibit 1.pdf
Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
R-12-0135
Chair Suarez: I guess we're going to adjourn the meeting for lack of a quorum. As soon as we have one more, we'll get started. Okay, we have a quorum. I was going to adjourn the meeting for lack of a quorum, but I decided to -- Mr. Vice Chair --
Vice Chair Sarnoff: Yes, sir.
Chair Suarez: -- I was going to adjourn the meeting for lack of a quorum, but you know, I decided against it.
Vice Chair Sarnoff: I will never be tardy again, Mr. Chair. It was -- I'm remiss and I will adjust my watch accordingly, sir.
Chair Suarez: Thank you, sir. Let's go with RE.1. We don't have a full Commission before -- you know, once we have the full body, then we'll go with that item. I'm pretty sure that people that are not here want to be here for it. RE.1. RE.1, anybody. Going once, going twice.
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Unidentified Speaker: Here he is.
Chair Suarez: Okay. Sir, you're recognized.
Joseph Zahralban: Thank you, sir. Joseph Zahralban, assistant fire chief and emergency management, City of Miami fire-rescue.
Chair Suarez: Mr. Cruz, can you please have a seat. Go ahead, sir. You want -- do you want to make any presentation on the item?
Mr. Zahralban: I'm sorry, sir?
Chair Suarez: Do you want to make a presentation on the item?
Mr. Zahralban: I'll just briefly discuss the item. It's a request for an -- two MOAs (Memorandums of Agreement) being added, which is Broward County Sheriff's Office and Palm Beach Sheriff's Office. We're adding them as participating agencies for Urban Area Security Initiative grant, fiscal year 2010.
Chair Suarez: And I just want to ask one question on that, which is -- I believe we changed the policy affronting the money on that grant. Is that the grant or am I confusing it with the other one?
Commissioner Gort: All the grant, my understanding is, we will not up front anymore.
Chair Suarez: Right.
Commissioner Gort: When we get the reimbursement, then they'll get paid.
Mr. Zahralban: That is correct, sir. For subgrantees, we are not fronting the money.
Chair Suarez: Perfect.
Mr. Zahralban: We are only fronting money on City of Miami purchases.
Chair Suarez: The reason why I ask is we're going to have a discussion item later about the cash position of the City, cash issues related to the City, and part of that has to do with grant, you know reimbursables, so just wanted to put that on the record. Thank you. Is there a motion on RE.1?
Commissioner Gort: Move it and discussion.
Commissioner Carollo: Second for discussion.
Chair Suarez: Moved by Commissioner Gort, second by Commissioner Carollo. Commissioner Gort, then Commissioner Carollo.
Commissioner Gort: Part of what I'd like to see is us working closely also with our police department. As you can see, working as a team, we were able to get you the two additional trucks today, and I think that facility -- that's -- funds can also be used by our police department and that will help us also in our budget.
Mr. Zahralban: Yes, sir, absolutely. We actually do work collaboratively with the police department within the UASI grant. And I recently met with some of your --
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Commissioner Gort: Right.
Mr. Zahralban: -- staffers today, earlier today, to discuss how we can better leverage grant funding to benefit the overall City of Miami and the region in general.
Commissioner Gort: Thank you. I appreciate it.
Chair Suarez: Commissioner Carollo.
Commissioner Gort: Thank you.
Mr. Zahralban: Thank you.
Chair Suarez: Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman. And I just want to put it for the record. A question that I've asked, you know, in the past for different issues and I want to ask you, and more than anything, to put it for the record. This is -- we're taking up Broward and Fort Lauderdale, correct?
Mr. Zahralban: Starting in 2011 Miami and Fort Lauderdale UASIs had been combined so that makes us responsible for all four counties essentially: Monroe, Dade, Broward, and Palm Beach counties.
Commissioner Carollo: Okay. And why is the City of Miami responsible for this region, you could say?
Mr. Zahralban: The City of Miami has been identified as the core city or the city holding the most risk. As a result of that, we were identified as the urban area administrators which would be a conduit to funnel all of those monies and associated responsibilities out.
Commissioner Carollo: And I believe there was 40 cities that were identified and there were municipalities in -- correct, to be the ones that administer these funds?
Mr. Zahralban: Yes. There were -- the number changes every year as far as the core cities throughout the country that are identified as high risk. Right now they hover right around 36 cities, 36 to 40, and presently the City of Miami resides as number 11 of the highest risk cities in the country.
Commissioner Carollo: Thank you. That's all the questions I have.
Chair Suarez: Thank you. It's been moved and seconded. Any further discussion? Hearing none, seeing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
RE.2 RESOLUTION 12-00263 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 11, 2012, PURSUANT TO INVITATION FOR BIDS NO. 11-12-015, FROM SUPERIOR LANDSCAPING & LAWN SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "BISCAYNE BOULEVARD MAINTENANCE CONTRACT, M-0039", FOR A ONE (1) YEAR
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PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $301,730; FURTHER AUTHORIZING FOUR (4) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUAL AMOUNT NOT TO EXCEED $301,730; ALLOCATING SAID FUNDS, FROM ACCOUNT NUMBERS 00001.204000.534000.0.0 AND 00001.207000.534000.0.0, FOR FISCAL YEAR 2012, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 12-00263 Summary Form.pdf 12-00263 Letter - Biscayne Blvd. Maintenance 12-00263 Proposal Bid Form.pdf 12-00263 Supplement to Bid Form.pdf 12-00263 Legislation.pdf 12-00263 Exhibit 1.pdf
Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
R-12-0136
Chair Suarez: RE.2.
Joseph Zahralban (Assistant Fire Chief, Fire-Rescue): Thank you.
Chair Suarez: Take care. Thank you, guys.
Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works director. RE.2 is a resolution to award a contract to Superior Landscaping & Lawn Services, in an amount not to exceed $301,730, for the project entitled “Biscayne Boulevard Maintenance Contract, M-0039.” This is a maintenance contract for the Biscayne Boulevard corridor from south -- from Northeast 5th Street to the City limits, which is Northeast 87th Street. Back in 2007 the Miami City Commission passed a resolution conceding to the state of Florida green improvements along Biscayne Boulevard. In addition to the resolution, the City also contributed funding in an amount of $240,000 to fund the improvements. The project length is about five miles and includes landscaping, irrigation systems, landscape uplighting, which is electrical installations, as well as some special treatment on the sidewalks. The maintenance agreement requires the City to maintain the median landscape, the trees and the swale, the uplighting, as well as the sidewalk special treatments, as well as tree grates. The City of Miami published the RFP (Request for Proposals) and ten prospective bidders picked up the packages; four returned the packages, and SFM was the lowest (UNINTELLIGIBLE) response lowest bidder for $343,330. However, pursuant to Section 18-89 of the City code, there was a local bidder that was 15 -- within 15 percent of the upper and low bidder, which was Superior Landscaping. Purchasing Department requested for a best and final offer and both entities reduced their bid offers; Superior Landscaping by $59,000 and SFM by $16,000. Apparently, Superior Landscaping then became the lowest responsive bidder --
Chair Suarez: Thank you.
Mr. Ihekwaba: -- and that is why we're recommending award to Superior Landscaping.
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Chair Suarez: Thank you, Mr. Ihekwaba. And, you know, that's an ordinance that the Vice Chair and I worked on to give companies the opportunity to -- particularly local ones to have a second kind of bite at the apple and it's a win/win because, you know, you give -- you know, the City's going to benefit financially from it. This contract -- by the way, I support this, and I think landscaping is the -- somebody who owns a huge landscaping company told me that it's the cheapest window dressing for a city, to make a city beautiful. And all the things that you're talking about are going to be done in this contract sound eerily similar to the things that were being done in Coral Way.
Mr. Ihekwaba: Yes.
Chair Suarez: Very similar. So I'm going to support this because I think it's the right thing. I think it's great for the City of Miami. But again, I want to reiterate that, you know, I'm going to be looking forward to seeing an item similar to this for Coral Way, and I know that you're working on a grant for the lighting system so --
Mr. Ihekwaba: That's correct, sir.
Chair Suarez: -- thank you.
Commissioner Gort: Move it.
Chair Suarez: Moved by --
Commissioner Gort: Discussion.
Chair Suarez: -- Commissioner Gort --
Vice Chair Sarnoff: Second.
Chair Suarez: -- second by Vice Chair Sarnoff. Any further discussion?
Commissioner Gort: Discussion.
Chair Suarez: Yes, Commissioner Gort.
Commissioner Gort: I'd like to see this implement throughout the City.
Chair Suarez: Sure.
Commissioner Gort: I mean, we have a lot of corridors that need assistance in the other neighborhoods and would like to look at it.
Chair Suarez: And --
Mr. Ihekwaba: Okay.
Chair Suarez: -- the reason why I brought it up is because we had a contract to maintain Coral Way and it was taken out, and we were told that the Adminis -- by the Administration at the time that they could handle it and they have since admitted to me that they probably can't.
Mr. Ihekwaba: Yeah.
Chair Suarez: So it's been moved and seconded. Commissioner Carollo, do you want to add
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anything on this or --? It's been moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
RE.3 RESOLUTION 12-00272 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE SOLE BID RECEIVED NOVEMBER 30, 2011, PURSUANT TO INVITATION FOR BIDS NO. 11-12-003, FROM ENVIROWASTE SERVICES GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "INLET CLEANING CONTRACT-NORTH ZONE, M-0043", IN AN ANNUAL AMOUNT NOT TO EXCEED $171,030, FOR A TWO (2) YEAR CONTRACT TOTAL OF $342,060; FURTHER AUTHORIZING UP TO THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUAL AMOUNT NOT TO EXCEED $171,030; ALLOCATING SAID FUNDS, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 00001.208000.534000; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 12-00272 Summary Form.pdf 12-00272 Letter - Best & Final Offer.pdf 12-00272 Proposal Bid Form.pdf 12-00272 Supplement to Bid Form.pdf 12-00272 Legislation.pdf 12-00272 Exhibit 1.pdf
Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
R-12-0137
Chair Suarez: RE.3.
Nzeribe Ihekwaba (Director, Public Works): RE.3 is a resolution to award a contract to Envirowaste Services Group, in an amount not to exceed $171,030, for a two-year contract totaling $342,060, for the project entitled "Inlet Cleaning North Zone." This is a contract that will be responsible for cleaning a substantial portion of the City of Miami's storm drainage system north of Flagler Street. The City published an RFP (Request for Proposals) for the solicitation and two prospective bidders only picked up the packages. One contractor, Envirowaste Services, was the only bidder that returned a completed package in an amount of $198,555. Pursuant to Section 18-85 of the City code, Purchasing requested for a best and final offer, and Envirowaste Services reduced their offer by $27,525. This is one of the requirements of the NPDES (National Pollutant Discharge Elimination System) special permits, that the City must clean its entire storm drainage system once every five years. The last time this area was cleaned was in 2006. What Public Works operations staff has been doing since then is to response to critical areas of need and we do actually need this contract in place to assist in responding to emergencies, as well as during the hurricane response time. The project -- the cleaning maintenance contract will be funded from the NPDES stormwater utility fees, which is a restricted funding, and the contract has three options to renew after the first expiring dates.
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Chair Suarez: Thank you.
Mr. Ihekwaba: Any questions?
Commissioner Gort: Move it.
Chair Suarez: Moved by Vice Chair, second by Commissioner Gort. Any further discussion? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: Again, another example of that ordinance saving the City of Miami money and giving a contract to a local bidder.
RE.4 RESOLUTION 12-00273 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE SOLE BID RECEIVED NOVEMBER 30, 2011, PURSUANT TO INVITATION FOR BIDS NO. 11-12-002, FROM ENVIROWASTE SERVICES GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "OUTFALL CLEANING CONTRACT (2ND BIDDING), M-0045", IN AN ANNUAL AMOUNT NOT TO EXCEED $176,720, FOR A TWO (2) YEAR CONTRACT TOTAL OF $353,440; FURTHER AUTHORIZING UP TO THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUAL AMOUNT NOT TO EXCEED $176,720; ALLOCATING SAID FUNDS, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 00001.208000.534000; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 12-00273 Summary Form.pdf 12-00273 Letter - Best & Final Offer.pdf 12-00273 Proposal Bid Form.pdf 12-00273 Supplement to Bid Form.pdf 12-00273 Legislation.pdf 12-00273 Exhibit 1.pdf
Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence-Jones
R-12-0138
Chair Suarez: RE.4.
Nzeribe Ihekwaba (Director, Public Works): RE.4 is a resolution to award a contract to Envirowaste Services Group, in an amount not to exceed 176,720, for a two-year contract period of total amount of $353,440, for the project entitled "Outfall Cleaning Contracts (2nd Bidding). Sometime last fiscal year, Public Works had published an RFP (Request for Proposals) for this same solicitation and there was only one responsive bidder in an amount that was deemed to be way beyond the complexity of the job and the solicitation was canceled by the City Manager.
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During the second bid, there were only three prospective bidders that picked up the packages and only one returned the completed package, which is Envirowaste. Envirowaste happens to be the current vendor that has been cleaning these systems for the past five years. Pursuant to Section 18-85 of the City code, the City's authorized to renegotiate the sole bidder for better pricing or alternatively to rebid. Envirowaste was approached by Purchasing Department director and has submitted a best and final offer of $176,220, which is a reduction of $23,500 from the initial bid. This is being funded by the stormwater utility fees, which is a restricted funding that could only be used for the specified use. Any questions?
Chair Suarez: Thank you. Coming back to this Commission, is there a motion?
Commissioner Gort: Move it.
Chair Suarez: Moved by Commissioner Gort. Is there a second? Is there a second?
Vice Chair Sarnoff: Second.
Chair Suarez: Second by the Vice Chair. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
RE.5 RESOLUTION 12-00275 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED FEBRUARY 21, 2012, PURSUANT TO INVITATION FOR BIDS NO. 11-12-018, FROM TAW MIAMI SERVICE CENTER, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "STORMWATER PUMP STATIONS MAINTENANCE AND REPAIR, M-0080", IN AN ANNUAL AMOUNT NOT TO EXCEED $435,790; AUTHORIZING UP TO FOUR (4) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUAL AMOUNT NOT TO EXCEED $435,790; ALLOCATING SAID FUNDS, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 00001.208000.534000; ALLOWING FOR SCHEDULED MAJOR SERVICE AND UNSCHEDULED REPAIR ITEMS AS STATED HEREIN TO BE INCLUDED AS PART OF THE MAINTENANCE CONTRACT, PENDING NEED AND CONTINGENCY FUNDING AVAILABILITY; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 12-00275 Summary Form.pdf 12-00275 Memo - Special Provisions.pdf 12-00275 Proposal Bid Form.pdf 12-00275 Supplemental to Bid Form.pdf 12-00275 Legislation.pdf 12-00275 Exhibit 1.pdf
Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence-Jones
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R-12-0139
Chair Suarez: RE.5.
Nzeribe Ihekwaba (Director, Public Works): RE.5 is a resolution to award a contract to TAW Miami Service Center, in an amount not to exceed $435,790, for the project entitled "Stormwater Pump Station Maintenance Operations and Repairs." The City published an RFP (Request for Proposals) for this solicitation. Nine prospective bidders picked up the packages and three returned the completed packages to the City Clerk. TAW was adjudged to have submitted the lowest responsive and responsible bid in an amount of $435,790. The project has up to four additional one-year options to renew, subject to availability of funding and contractor's performance. This is a solicitation and the maintenance contract that will be funded strictly from the stormwater utility fees. For the current fiscal year, it is anticipated that only $181,000, will be spent due to timing.
Chair Suarez: Thank you.
Mr. Ihekwaba: Any questions?
Chair Suarez: Is there a motion?
Vice Chair Sarnoff: So moved.
Chair Suarez: Moved by the Vice Chair.
Commissioner Gort: Second.
Chair Suarez: Second by Commissioner Gort. Any further discussion? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: RE.6.
Commissioner Gort: I have a question.
Mr. Ihekwaba: Yes.
Chair Suarez: Yes.
Commissioner Gort: (UNINTELLIGIBLE). How much of the stormwater revenue bonds do we have left? I know at one time we issued bonds for --
Mr. Ihekwaba: I don't have that number. I can find out from Finance.
Commissioner Gort: Okay.
Mr. Ihekwaba: Thanks.
Chair Suarez: Thank you, sir.
RE.6 RESOLUTION 12-00271
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Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A GRANT FROM Program THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $2,800,000, FOR THE DESIGN AND CONSTRUCTION OF AN INDOOR GYMNASIUM TO BE LOCATED AT GIBSON PARK, 401 NORTHWEST 12TH STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00271 Summary Form.pdf 12-00271 Legislation.pdf 12-00271 Exhibit 1.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-12-0144
Chair Suarez: RE.6.
Albert Sosa: Albert Sosa, director of Capital Improvements. RE.6 and RE.7 are companion items. They're related to the indoor gymnasium at Gibson Park. RE.6 is specific to accepting a grant from the Southeast Overtown/Park West CRA (Community Redevelopment Agency) in the amount of $2.8 million.
Chair Suarez: You know what, Mr. Sosa. I'm sorry for interrupting you. But I think we'll wait until the district Commissioner and the CRA chair of that CRA is here.
Mr. Sosa: Very well.
Chair Suarez: I think she may want to be here for this one. So we'll call you back up when she's here.
Mr. Sosa: Thank you.
[Later...
Chair Suarez: I apologize to the company that has been here for a time certain that has not been upheld and you all know how punctual I am about these things, but in any event, one of the Commissioners has requested, who may not be here the whole time, that we take up her items.
Commissioner Spence-Jones: Yes, the items that I missed. I think--
Chair Suarez: I think I gave it away, who it is. Yeah, RE.6, RE.7, and RE.9, I believe.
Commissioner Spence-Jones: I just want to clean the agenda up.
Chair Suarez: Yeah.
Commissioner Spence-Jones:- So that's out of the way.
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Chair Suarez: RE.6.
Mr. Sosa: Albert Sosa, director of Capital Improvements. RE.6 and RE.7 are companion items. They're both related to the indoor basketball gym proposed at Gibson Park. These projects -- this project's been in partnership with the CRA (Community Redevelopment Agency). RE.6 is authorizing the acceptance of a grant from the Southeast Overtown/Park West CRA, in an amount of 2.8 million, for the design, construction, and administration of the indoor gym, to be located at Gibson Park.
Commissioner Spence-Jones: So moved.
Chair Suarez: Moved by --
Commissioner Carollo: Second.
Chair Suarez: -- Commissioner Spence-Jones, second by Commissioner Carollo. Any further discussion? Hearing none, all in favor, signify by saying “aye.”
The Commission (Collectively): Aye.
RE.7 RESOLUTION 12-00276 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Program AMENDMENT NO. 2 TO THE AGREEMENT WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC., FOR DESIGN BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF THE GIBSON PARK PROJECT, B-30305B, INCREASING THE AGREEMENT IN THE AMOUNT OF $2,498,208, PLUS A TEN (10) PERCENT OWNER CONTINGENCY AMOUNT OF $249,820.80, FOR A TOTAL AMOUNT OF $2,748,028.80, THEREBY INCREASING THE AWARD VALUE FROM $10,609,805.80 TO AN AMOUNT NOT TO EXCEED $13,357,834.60; ALLOCATING FUNDS FROM COMMUNITY REDEVELOPMENT AGENCY PROJECT NO. 92-689001. 12-00276 Summary Form.pdf 12-00276 Letter - Exhibit A.pdf 12-00276 Schedule of Values.pdf 12-00276 Amendment No. 1 to Agmt.pdf 12-00276 Corporate Resolution.pdf 12-00276 Pre-Legislation.pdf 12-00276 Legislation.pdf 12-00276 Exhibit 1.pdf
Motion by Commissioner Spence-Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0145
Chair Suarez: RE.7.
Albert Sosa (Director/Capital Improvements Program): RE.7 is a resolution allowing the City Manager to execute an amendment with the design builder that's currently working at Gibson
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Park, which is Recreational Design & Construction, to design and construct the indoor basketball gym that the CRA (Community Redevelopment Agency) is giving us the grant for.
Chair Suarez: Thank you. Is there a motion?
Commissioner Spence-Jones: So moved.
Chair Suarez: Moved --
Commissioner Gort: Second.
Chair Suarez: -- by Commissioner Spence-Jones, second --
Commissioner Spence-Jones: Discussion.
Chair Suarez: -- by Commissioner Gort. Commissioner Spence-Jones, you're recognized.
Commissioner Spence-Jones: I just want to make sure that -- I know that we have a company already on board to do this. I just want to make sure that we definitely keep the local jobs -- and we talked about this -- and the local subcontractors involved in the project. I do want to commend you, Albert. You did a great job on the Gibson Project --
Mr. Sosa: Thank you.
Commissioner Spence-Jones: -- by making sure that the contractor -- we held his feet to the fire to make sure local residents had an opportunity to participate in the overall park and it looks great.
Mr. Sosa: Thank you.
Commissioner Spence-Jones: When is it going to be ready again?
Mr. Sosa: We're shooting for end of May, beginning of June --
Commissioner Spence-Jones: Okay.
Mr. Sosa: -- but it'll be in the next 60 to 90 days --
Commissioner Spence-Jones: Okay, great.
Mr. Sosa: -- up and running.
Commissioner Spence-Jones: And I see Pieter Bockweg, the chair of the CRA. I know that they've been working hard with you, and I'm glad to see, finally, that project is moving to the next level. Just please make sure that we do have local --
Mr. Sosa: Absolutely.
Commissioner Spence-Jones: -- job -- local subcontractors and local people from the community working on that gym.
Mr. Sosa: Absolutely.
Commissioner Spence-Jones: I think we had a motion and a second.
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Chair Suarez: Yes, there's a mover and a seconder. All in favor, signify by saying “aye.”
The Commission (Collectively): Aye.
RE.8 RESOLUTION 12-00274 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Recreation ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2012" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $500,000, CONSISTING OF A REIMBURSEMENT GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FOOD, NUTRITION AND WELLNESS, TO THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION FOR THE SUMMER LUNCH PROGRAM FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY'S 2012 SUMMER PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUMMER FOOD SERVICE PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD FOR THE PERIOD COMMENCING JUNE 11, 2012 THROUGH AUGUST 10, 2012. 12-00274 Summary Form.pdf 12-00274 Summer Lunch & Snack Prgm.pdf 12-00274 2012 SFSP Reimbursement Rates.pdf 12-00274 Legislation.pdf 12-00274 Exhibit 1.pdf
Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence-Jones
R-12-0140
Chair Suarez: RE (Resolution) -- I guess that would mean RE.8. RE.8.
Juan Pascual: Thank you very much. Juan Pascual, interim director of Parks Recreation Department. This item is to accept a grant that's a reimbursement grant from the United States Department of Agriculture through the Florida State Department of Agriculture and Consumer Division for Food, Nutrition, and Wellness for $500,000. It's for our summer lunch and snack program. We currently are projecting 2,355 kids participating at 34 parks throughout the system. We added one facility this year, which is Southside Park, which is a new park that will have a summer program and participate in the summer lunch program and that park is in District 3.
Chair Suarez: Thank you. Is there a motion?
Vice Chair Sarnoff: Move it for discussion.
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Chair Suarez: Moved by Vice Chair. Is there a second?
Commissioner Gort: Second.
Chair Suarez: Second by Commissioner Gort. Vice Chair, you're recognized.
Vice Chair Sarnoff: Mr. Manager, do we have the capability -- this sounds like a reimbursement grant. Are you telling us we have the capability of having sufficient funds available and then seek the reimbursement?
Johnny Martinez (City Manager): I would say yes (UNINTELLIGIBLE).
Priscilla A. Thompson (City Clerk): I'm sorry, Mr. Manager. Mr. Manager, your mike.
Commissioner Gort: You got to speak in the mike.
Mr. Martinez: And the reason I know that is because I'm told we're balanced by the end of the year, which takes these blitz into account. When the grant is given, then we're reimbursed, but --
Vice Chair Sarnoff: As long as you're telling us on the record that we have sufficient capital to seek the reimbursement, that's all I want to hear.
Daniel Alfonso: Daniel Alfonso, Budget director. We're talking about the food program?
Commissioner Gort: Yes.
Mr. Alfonso: Yes. Yes, we front the cash and we get reimbursed from the federal grant program and that's how it works.
Vice Chair Sarnoff: I appreciate the procedural; now here's the question.
Mr. Alfonso: Yes. The question is do we have enough cash to do it?
Vice Chair Sarnoff: On hand.
Mr. Alfonso: I would say at this point, yes. We use from pool cash and we should be able to do that.
Vice Chair Sarnoff: That's all I want to hear.
Chair Suarez: Thank you. Any further questions?
Commissioner Carollo: Mr. Chairman.
Chair Suarez: Yes, Commissioner, you're recognized.
Commissioner Carollo: Thank you. And we are on RE.8, correct?
Chair Suarez: Yes, sir.
Commissioner Carollo: Mr. Pascual, you know, this has been something that I have mentioned year after year with regards to the snacks, how many parks, and so forth. I think last year, you know, I actually had -- you came up once and our former director came up I think at least twice with regards to the snack programs because at that time there was no parks in District 3 receiving the snacks. I have looked at the diagram. We're still way below, but at the same time, I
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also want to appreciate that you have made sure that at least two parks and now a third, even though that third is very minor, but still it's an improvement, so I just want to thank you for hearing me over the last couple years with regards to this and, you know, let's keep improving. So thank you.
Mr. Pascual: Thank you, sir.
Vice Chair Sarnoff: All right, we have a motion. We had a second. All in favor, please say "aye."
The Commission (Collectively): Aye.
Vice Chair Sarnoff: All right, let's table RE.9 till the district 5 Commissioner comes back.
RE.9 RESOLUTION 12-00277 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING FUNDS, IN AN AMOUNT NOT TO EXCEED Program $354,614, CONSISTING OF A GRANT AWARD FROM THE MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS, FOR THE CARIBBEAN MARKETPLACE PROJECT, B-30671; AUTHORIZING THE CITY MANAGER TO EXECUTE A CULTURAL FACILITIES GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD. 12-00277 Summary Form.pdf 12-00277 Legislation.pdf 12-00277 Exhibit 1.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-12-0146
Chair Suarez: RE.9.
Albert Sosa: Albert Sosa, director of Capital Improvements. RE.9 is a resolution for the City Manager to accept a grant from Miami-Dade County, Department of Cultural Affairs, for the construction of Caribbean Marketplace, which is a rehabilitation project of the existing marketplace in the Little Haiti area.
Commissioner Spence-Jones: So moved. Discussion.
Chair Suarez: Moved by Commissioner Spence-Jones --
Commissioner Carollo: Second.
Chair Suarez: -- second by Commissioner Carollo. Commissioner Spence-Jones, you're recognized.
Commissioner Spence-Jones: Once again, thank you guys for -- Albert, for finally moving the Caribbean Marketplace. The only thing that I want to ask for the City -- of the City Manager is I
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ask -- I know we have these outdoor marketplaces that have happened throughout our parks, throughout the City of Miami. It's extremely important -- in the midst of this, Albert's created enough space for us to have a temporary outdoor farmer's market, and we've had some challenges with the Administration on getting that done. I know, Johnny, you said that you would work to make sure that that's not an issue because we really need the marketplace at least temporarily open while they do construction on that.
Johnny Martinez (City Manager): (INAUDIBLE).
Commissioner Spence-Jones: Okay, no problem.
Chair Suarez: Okay, it's been moved and seconded. All in favor, signify by saying “aye.”
The Commission (Collectively): Aye.
RE.10 RESOLUTION 12-00293 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Program SERVICES AGREEMENTS ("AGREEMENTS") WITH (1) ALLEGUEZ ARCHITECTURE, INC. ("ALLEGUEZ"), (2) ARCHITEKNICS, INC. ("ARCHITEKNICS"), (3) GILI-MCGRAW ARCHITECTS, LLP ("GILI-MCGRAW"), (4) FERGUSON GLASGOW SCHUSTER SOTO, INC. ("FERGUSON GLASGOW") AND (5) RIZO CARREÑO & PARTNERS, INC. ("RIZO CARREÑO"), FOR THE PROVISION OF MISCELLANEOUS ARCHITECTURAL SERVICES, IN AN AMOUNT NOT TO EXCEED $250,000, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FOR ALLEGUEZ, ARCHITEKNICS, GILI-MCGRAW AND FERGUSON GLASGOW FROM $500,000, TO AN AMOUNT NOT TO EXCEED $750,000, AND INCREASING THE TOTAL CONTRACT AMOUNT FOR RIZO CARREÑO FROM $1,000,000, TO AN AMOUNT NOT TO EXCEED $1,250,000; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS, ON AN AS-NEEDED BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH EACH FIRM, FOR SAID PURPOSES. 12-00293 Summary Form.pdf 12-00293 PSAs.pdf 12-00293 Amend. No.1 PSA - Rizo Carreno 12-00293 Corporate Resolution.pdf 12-00293 Pre-Legislation.pdf 12-00293 Legislation.pdf 12-00293 Exhibit 1.pdf
Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence-Jones
R-12-0141
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Vice Chair Sarnoff: RE (Resolution) -- this is something -- yeah, RE.10.
Albert Sosa: Albert Sosa, director of Capital Improvements. RE.10 is a resolution authorizing an increase to various professional services agreements we have with our miscellaneous architectural consultants. We use these consultants to support our ongoing capital program and to support our in-house staff with architectural design and construction management services. The increase is in the amount of $250,000. That's an increase in capacity that allows us to write work orders in the future to continue with our -- the specific work orders for specific projects as they come up.
Vice Chair Sarnoff: All right. Is there a motion?
Commissioner Gort: Move it.
Vice Chair Sarnoff: We have a motion by Commissioner Gort. We have --
Commissioner Carollo: Second.
Vice Chair Sarnoff: -- second by Commissioner Carollo. Don't need public discussion. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye,"
The Commission (Collectively): Aye.
Vice Chair Sarnoff: All right, you have a unanimous vote.
RE.11 RESOLUTION 12-00294 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING FUNDS IN THE AMOUNT OF $204,444.08, Program FROM MIAMI-DADE COUNTY, FOR A DRAINAGE IMPROVEMENT PROJECT ALONG SOUTH MIAMI AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 12-00294 Summary Form.pdf 12-00294 Legislation.pdf 12-00294 Exhibit 1.pdf
Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
R-12-0142
Vice Chair Sarnoff: RE.11.
Albert Sosa: Albert Sosa, director of Capital Improvements. RE.11 is a resolution authorizing the City Manager to execute a joint participation agreement with Miami-Dade County for drainage improvements along South Miami Avenue in the Mary Brickell area. Miami-Dade County is providing the City with the funding and allowing the City to construct the drainage improvements on South Miami Avenue, which is a county road, together with our adjacent projects in the Mary Brickell Village area.
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Chair Suarez: Is there a motion?
Commissioner Gort: Move it.
Vice Chair Sarnoff: Motion for discussion.
Chair Suarez: Moved by Commissioner Gort, second by Vice Chair. Vice Chair, you're recognized.
Vice Chair Sarnoff: Mr. Sosa, there is -- the City is proceeding forward with the streets that are perpendicular to South Miami Avenue, correct?
Mr. Sosa: That's correct.
Vice Chair Sarnoff: And this money would be used for the drainage issues attendant to South Miami or just for the parallel -- sorry -- perpendicular streets?
Mr. Sosa: This grant from the County is exclusively for the proposed drainage improvements that would be undertaken on South Miami Avenue, which is the north/south county streets.
Vice Chair Sarnoff: Okay. And as you know, the County doesn't have sufficient funds to take care of its street, South Miami Avenue, with regard to any kind of streetscaping right now, correct?
Mr. Sosa: They currently do not have funding identified for the above-ground streetscape portion of South Miami Avenue in that area.
Vice Chair Sarnoff: And 2015 I think is the first time we see a funding source there, correct?
Mr. Sosa: I would have to verify that, but I know in the next three years there's not funding shown.
Vice Chair Sarnoff: So then my question to you would be would -- in any way, shape, or form would this money be misspent if, in three years, the County was going to do a streetscape program?
Mr. Sosa: No. These funds are for drainage improvements which are below ground and any future improvements to the streetscape above would -- this work would not impact that. It wouldn't be throw-away work or duplication of work.
Vice Chair Sarnoff: That's all. I just want the record to be clear on that. Thank you.
Chair Suarez: Commissioner Gort.
Commissioner Gort: Question. The street improvements, do you have Southeast 1st Avenue, which is between 8th Street and all the way to the -- almost 10?
Mr. Sosa: First Avenue -- Southeast 1st is --
Commissioner Gort: First Avenue is all the way from 8th Street to about 13th Street.
Mr. Sosa: We have some -- that's in the area of the Perricone's restaurant. There are some improvements along 9th, 10th and 11th Street there, yes.
Commissioner Gort: And on 10th Street, also?
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Mr. Sosa: Yes.
Commissioner Gort: And the stormwater, that system you're going to place there, we're going to improve is going to help some of the flooding that takes place in the raining?
Mr. Sosa: Oh, absolutely. I mean, this project is a direct result of the flooding that has been experienced in that area in the last several years. It includes increase in capacity to the existing drainage system as well as an installation of a heavy-duty pump station to pump the water out.
Commissioner Gort: Okay, thank you.
Chair Suarez: Mr. Sosa, I just have a couple questions. With this stormwater funds -- I'm going to support this. I support this. And I'm going to support the -- I believe it's capital -- the capital item. But both of them have stormwater funds in different districts, and the only thing that I would ask -- and I asked you this privately -- is, you know, to take a look at all the districts 'cause as you know -- we've spoken and I've communicated with you on a variety of different occasions -- that there's severe flooding in certain areas in my district, severe, like can't even drive a car through it. So you know, we're doing the best that we can with the bond money that we have and all that, but I'm running out of bond money, so you know, it's -- this is a source of funds that, you know, we all rely on as a city, citywide. So I'm going to support it. I'm going to support the other one, but, you know, please, you know, let's kind of take an equitable view of this. Commissioner.
Commissioner Gort: That's why I asked the question, because I know there was a bond issuance done about ten or fifteen years ago which all the expenditure did not take place because of people in the neighborhood where there was going to be used did not want the stormwater improvement to take place, so I want to know how much was left of those bonds.
Chair Suarez: Thank you.
Mr. Sosa: We'll review that. Thank you.
Johnny Martinez (City Manager): Mr. Chair, can I just make --
Chair Suarez: Yes, of course.
Mr. Martinez: -- a comment? This is an example of something I brought up to the former Manager Migoya, to take advantage of efficiencies. When we're going to have a project and another agency is going to have a nearby project, we do a joint project agreement and do it together so there's only one contractor out there and there's more efficiency. And as far as the public's concerned, they're only seeing the streets torn up once instead of once by our project and once --
Chair Suarez: That makes sense.
Mr. Martinez: -- by someone else, so this is an example of that.
Chair Suarez: No, that makes sense. And by the way, you know, we spoke specifically about the projects and I think they're both worthy projects, which is why I support it. I just -- you know, since it's citywide funding, you know, it would be nice if there was some thought to how we're going to share it among districts. Because I could tell you -- like I've said and I've sent him the text messages every time, you know, that there's a huge rain event. In my district there are areas that are -- you know, have severe flooding problems, and one of the few things that I would like to get accomplished before I leave here is to get that solved. So Commissioner Gort, do you
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want to chime back in?
Commissioner Gort: Well, my understanding, there might be about $25 million left on those bond issues, and I don't know if that could be used citywide, so that's why I want to get the numbers back.
Mr. Sosa: I'll review that.
Chair Suarez: Okay. Maybe we should put it as a discussion item so that we can -- yeah, so we don't forget about it or anything. Okay, thank you. Is there a motion?
Commissioner Gort: It was moved.
Chair Suarez: Has it been --
Commissioner Carollo: Moved.
Chair Suarez: -- it's been moved and seconded. Any further discussion? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: Thank you.
RE.12 RESOLUTION 12-00296 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO Program THOSE LISTED IN RESOLUTION NO. 12-0084, ADOPTED MARCH 08, 2012, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 12-00296 Summary Form.pdf 12-00296 Legislation.pdf 12-00296 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-12-0143
Chair Suarez: RE.12.
Albert Sosa: Albert Sosa, director of Capital Improvements. RE.12 is our standard appropriations item where we reallocate funds between existing projects and assign new funding to projects. We have several projects in this one, including some rehabilitation of two pump stations. We also have the grant that we just spoke about from the County for South Miami Avenue, for example. It's being allocated as part of this appropriations item. We're also allocating funds from the County for Caribbean Marketplace. We have some citywide storm sewer repairs for Public Works, et cetera.
Chair Suarez: Thank you. Coming back to this Commission, is there a motion?
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Vice Chair Sarnoff: So moved.
Commissioner Carollo: Second for discussion.
Chair Suarez: Moved by the Vice Chair, second by Commissioner Carollo for discussion. Commissioner Carollo, you're recognized.
Commissioner Carollo: Thank you. There is one citywide allocation here of almost $400,000 for Parks and Recreation. I think I've been quite vocal with regards to District 3 parks and the amount of funding. So is this $400,000 already established and what's it going to be used for, other than just Parks and Recreation? Like can you give me more meat in the bone?
Mr. Sosa: Generally speaking, these funds are allocated to the Parks Department for their ongoing needs. I'd have to defer to the Parks Department on any specific projects that these are intended to be used for.
Juan Pascual: Juan Pascual, interim director of Parks and Recreation. The money is put into one B-account and we use it for minor projects, minor projects being expansion or new projects. We typically do playgrounds. We might do some additions to programming capacity, such as computers or computer labs. We do have an extensive list that's well beyond the needs of the available funds for it. Some examples are at Henderson Park, we have a proposal that we've been analyzing to install an artificial mini soccer field at Henderson and that cost --
Commissioner Carollo: By the way, I donated -- well, I didn't donate. Bayfront Park Management Trust donated --
Mr. Pascual: The soccer goals.
Commissioner Carollo: -- the soccer goals.
Mr. Pascual: Yes, sir. What's happened in Henderson is that it's overused. So by it being overused, we have to re-sod on a regular reoccurring basis, so that's the investment money, labor and materials, plus down time of the facility that's not available, so we have two facilities. For example, at Shenandoah Park we have the same situation. We're using the CIP (Capital Improvement Programs) project at Shenandoah between the pool, the fire station, to install an artificial mini soccer field there. We don't have funds for Henderson. So we have Henderson as one of the facilities that's unfunded from the regular CIP projects that we can use these impact fees for. We have, for example, lighting at some of the playgrounds. We have some playgrounds that have deficient lighting, so we want to do new lighting at some of the playgrounds and they average between 10 to maybe $15,000 for those. Jose Marti Park is one, Grapeland Park is another one, Duarte Park is another one where we're doing lighting on the list that impact fee monies can be used for that are -- that CIP monies are not available.
Commissioner Carollo: Do you have an itemized of -- itemization of that list so I could see --
Mr. Pascual: I can get a list --
Commissioner Carollo: -- how these --?
Mr. Pascual: -- to you, sir, of what's on the radar. Like I said, the available 397,100 is not sufficient so we have to kind of prioritize what we do this year and what we can do next year.
Commissioner Carollo: Right. But -- I mean, I'm sure if we look at the $20 million, or whatever, of Park budget, I think a large majority of it is not going to District 3. I mean, I think we're
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getting, you know, a very small share of it. And not only that, you said it yourself right now, that we need more grass in Henderson Park because of the over usage. That seems to me like maybe we need another park because this one park is being overused because there's no other parks. So I just want to make sure -- and when you say about computer and computer labs, you know, that's something that I want to make sure it's pointed out because pretty soon we're going to have a new computer lab in District 3 and I want to make sure that the funds are available with regards to Internet usage so that's why I'm making sure -- and in the past it's come back and, you know -- it's come back to bite me when there's an amount this big and I ask for an itemized list and it's more like, oh, we'll worry about it later, and then all of a sudden, you know, when we actually see what that money's for, it's not what I think maybe should have gone for so that's why I'm asking. And I'm putting on the record, you know, we're soon going to have computer labs in District 3 and I want to make sure some of these parks monies can go for that because when they tell me, oh, Commissioner, yeah, we could use the money for a computer lab, except it's only going to be opened for six months because we're not going to have any more money for Internet usage, I think that -- you know, realistically, no. There -- you know, more of that share should go to District 3. And it's not something that I'm saying new. I've been saying it for I don't know -- ever since I've been here with regards to, you know, we need to get our fair share in District 3 with regard to parks, you know. It is a very poor area and, you know, we have very needy, you know, families and kids that, you know, need these parks. And again, you're saying that, you know, the over usage and we have to replace grass, that means to tell me we need more parks.
Chair Suarez: Thank you.
Commissioner Carollo: Thank you.
Chair Suarez: I just want to say that, you know, again, on this item -- the last item was stormwater utility, which is a citywide fund being used in District 2. In this item it's local option gas tax being used in District 3. So you know, it's half a million dollars, which is fine, and again, I support it, and I've spoken to the director and he's explained to me the need and I think it -- the need exists. But you know, again, I just reiterate the same point, you know, that this -- it has to be done equitably, just like you fight for park money and I think, you know, it's on me to fight for my district for, you know, those funds as well. So I just want to put that --
Mr. Pascual: If I just might say, Commissioner -- directed at Commissioner Carollo through the chair.
Chair Suarez: Actually, you know what, let me just say one more thing. He's right about the fact that we need more parks, obviously.
Mr. Pascual: Absolutely.
Chair Suarez: And Shenandoah, we -- you and I have had discussions about the same issue in Shenandoah Park, that we need to do an artificial field in Shenandoah Park because it gets torn up and has to be continually re-sodded and it's a huge operating expense so I -- you know, obviously I agree with the Commissioner, his sentiment of --
Mr. Pascual: There's no doubt, and we agree and we understand. We want to work with the Commissioner and with all of you in identifying those projects that are needed in each one of the districts, and you know, our commitment is to do that. And we will provide you a list of the items that we have that we feel based upon the feedback that we've gotten from the community and identify those that are unfunded through CIP (Capital Improvement Programs) and we can then go forward and make decisions as to what projects are prioritized.
Chair Suarez: Thank you.
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Commissioner Carollo: And I just want to add to that. When you say that we've received from the community, I can tell you that, at least in my district, when the communities have needs, they call our office.
Mr. Pascual: Yes, sir.
Commissioner Carollo: We field a lot of phone calls. So I think -- you know, I think my office can be a very good source of resource or suggestions with regards to the needs also so --
Mr. Pascual: No.
Commissioner Carollo: -- I ask that you work with my office.
Mr. Pascual: No, absolutely Commissioner. When I said we, we as the Parks Department will have recommendations, obviously, working with each of the districts. You have your recommendations and we can work together in coming up with a final list of priorities, yes, sir.
Chair Suarez: And by the way, you know, Commissioner mentioned that the Bayfront Park Management Trust bought soccer goals for Henderson Park.
Commissioner Carollo: Well, they actually did not buy soccer goals. They donated soccer goals that they had.
Chair Suarez: Oh, they donated the ones that they had?
Commissioner Carollo: Yes.
Chair Suarez: Okay, 'cause we needed some in Shenandoah too and we ended up having to buy them but that's a whole 'nother issue. But you know, your point is well taken. You know, we have to be fair with all these things, whether it's, you know, citywide funding, whether it's another organization that's coming and helping and donating their, you know, in-kind stuff. Anyhow, it's been moved and seconded. All in favor, signify --
Commissioner Gort: Wait.
Chair Suarez: -- by saying "aye."
Commissioner Gort: I have a question.
Chair Suarez: Yes.
Commissioner Gort: Have we looked at the use of artificial grass if it's worth us doing that? Using artificial grass, like they do in the --
Mr. Pascual: Well, it's in a limited area. For example, I'll give you the Curtis football stadium scenario.
Commissioner Gort: Right.
Mr. Pascual: Curtis football stadium was Bermuda grass when it was first constructed. We had to basically re-sod the facility every year. So with the down time, lack of revenue coming in because we couldn't rent the facility during the down time, plus it was costing us on the maintenance end. Since the artificial turf has been installed at Curtis football stadium, we've had basically zero maintenance, other than just the regular routine grooming of the facility, so we have substantial savings. So the artificial turf at Curtis when it was installed was estimated
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on a buy-back on about a four-and-a-half year period, five-year period. With the new turf that's available, which is more recreational turf --
Commissioner Gort: Right.
Mr. Pascual: -- the buy-back there would probably be more on a three-year period.
Chair Suarez: It's --
Commissioner Gort: Okay, good.
Chair Suarez: -- been moved and seconded. Any further discussion? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
RE.13 RESOLUTION 12-00142 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE Program AMOUNT OF $2,147,208.87, FROM ARCHITECTS & ENGINEERS INSURANCE COMPANY, INC., THE INSURANCE CARRIER FOR TIMOTHY HAAHS & ASSOCIATES, INC.'S ("HAAHS"), IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST LEO A. DALY AND HAAHS, ARISING OUT OF, OR RELATED TO, DEFECTS IN THE SOFFIT BEAMS OF THE PARKING GARAGES LOCATED AT MARLINS STADIUM; FURTHER DIRECTING THE CITY MANAGER TO EXECUTE A SETTLEMENT AND RELEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT; ALLOCATING SAID FUNDS TO CAPITAL IMPROVEMENT PROJECT NO. B-30648. 12-00142 Summary Form.pdf 12-00142 Letter - Structural Deficiencies.pdf 12-00142 Letter - Miami Marlins Ballpark.pdf 12-00142 Legislation.pdf 12-00142 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-12-0147
Chair Suarez: Is there any other ones, Commissioner Spence-Jones, that you want us to take up?
Commissioner Spence-Jones: No. I'm -- just want to make sure, did we cut -- clean all the items? Did -- we did RE.10 -- all -- while I was gone? There's nothing left on the agenda?
Chair Suarez: No, no. Yeah, there's plenty of other things on the agenda.
Commissioner Spence-Jones: Okay.
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Commissioner Carollo: I think we're on RE.13.
Chair Suarez: Yeah, we can -- if you want us to keep going down the line --
Commissioner Spence-Jones: Yeah, let's get it out of the way.
Chair Suarez: Okay.
Commissioner Spence-Jones: And then we can deal with the --
Chair Suarez: RE.13.
Commissioner Carollo: Albert Sosa.
Albert Sosa: Albert Sosa, director of Capital Improvements. RE.13 is a resolution authorizing the City Manager to enter into a settlement agreement and receive the settlement amount of approximately $2.147 million, related to the issue we had last year at the Marlins parking garages, related to structural cracks. This item makes the City whole in terms of our hard costs and the soft costs that we incurred in the remediation of those cracks.
Commissioner Carollo: Move it.
Chair Suarez: Moved by Commissioner Carollo. Is there a second?
Commissioner Spence-Jones: Second.
Chair Suarez: Second by Commissioner Spence-Jones.
Commissioner Carollo: Discussion.
Commissioner Spence-Jones: Yeah, discussion.
Chair Suarez: You're recognized, Commissioner Carollo, and then Commissioner Spence-Jones.
Commissioner Carollo: Thank you. And I just want to put for the record -- and I have Director Sosa mention that this is actually monies that -- I don't know if it's the insurance company, but this is actually monies to pay for everything that dealt with the cracks. This is -- so it will be at no cost to the City whatsoever, correct?
Mr. Sosa: That's correct. This is a full and complete settlement, which includes the physical costs that we incurred in remediating the damage -- or not the damage, excuse me, the deficiencies, as well as the additional inspection costs and the additional plans review costs, et cetera, that we incurred.
Commissioner Carollo: And this is to accept the monies for a full payment to reimburse the City so that it would be at no cost to the City, correct?
Mr. Sosa: That's correct.
Commissioner Carollo: Thank you.
Chair Suarez: Okay.
Commissioner Spence-Jones: The only thing that I want to add, Mr. Chairman --
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Chair Suarez: Sure, yes.
Commissioner Spence-Jones: -- on this issue because I wanted to make sure that there was clarity. I know in the very beginning I had a big issue with this -- even supporting this particular item regarding the -- getting the reimbursement back, and I know you assured me. Commissioner, no, it's going to happen, it's going to happen. So I want -- I just want to make sure the public understands that this is not new money or anything of that for the stadium . This is us actually getting money back from the insurance --
Mr. Sosa: That's correct.
Commissioner Spence-Jones: -- related issues, something we talked about a few months ago that was big concern based upon the construction issue that we were having on the garage.
Mr. Sosa: That's correct.
Commissioner Spence-Jones: Correct?
Mr. Sosa: Correct.
Chair Suarez: and I want to take the opportunity to commend Director Sosa because -- for two things: The first, getting 100 percent reimbursement without any litigation, without any dispute; and second, for doing it so efficiently and quickly. I mean, I remember this issue came up not that long ago so.
Commissioner Carollo: Exactly. No, no, I agree with you and I think I also need to mention Robert Fenton. He's the --
Chair Suarez: True.
Commissioner Carollo: -- project manager from the City's point of view.
Chair Suarez: True.
Commissioner Carollo: And from the beginning, he was really, you know, in the forefront with Director Sosa, but he really, you know, did the day-to-day work to make sure that exactly what was needed will be reimbursed.
Mr. Sosa: No, absolutely. We have to thank Robert Fenton, as well as Veronica Xiques from the Law Department, who worked very diligently on getting this accomplished. Thank you.
Chair Suarez: Thank you. It's been moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
RE.14 RESOLUTION 12-00317 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Building ATTACHMENT(S), ACCEPTING THE RESPONSES RECEIVED, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 287259, AND APPROVING THE ESTABLISHMENT OF A PRE-QUALIFICATION LIST COMPRISED OF ELEVEN (11) QUALIFIED PROPOSERS, AS LISTED ALPHABETICALLY IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO PROVIDE DEMOLITION SERVICES FOR THE DEPARTMENT OF BUILDING
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AND OTHER CITY OF MIAMI ("CITY")DEPARTMENTS, ON AN AS-NEEDED BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH CONDITIONS AS STATED HEREIN, AND WITH AUTOMATIC ANNUAL EXTENSIONS UNTIL SUCH TIME AS IT IS DEEMED IN THE BEST INTEREST OF THE CITY TO ISSUE A NEW SOLICITATION; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING, IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED FIRMS OR INDIVIDUALS TO THE CONTRACT WHEN DEEMED IN THE CITY'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 12-00317 Summary Form.pdf 12-00317 Award Recommendation Form.pdf 12-00317 Request for Qualification.pdf 12-00317 Addendum No. 1 & 2.pdf 12-00317 Legislation.pdf 12-00317 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-12-0148
Chair Suarez: RE.14.
Commissioner Spence-Jones: Building.
Mariano Fernandez: Mariano Fernandez, Building director.
Chair Suarez: Missed you, buddy. Haven't seen you in a while.
Mr. Fernandez: Yeah. I don't have too many issues anymore. This is a resolution accepting 11 contractors (UNINTELLIGIBLE) having a pool for demolition uses, as budget approves.
Commissioner Carollo: Move it.
Chair Suarez: Moved by Commissioner Carollo. Is there a second?
Commissioner Spence-Jones: Second.
Chair Suarez: Second by Commissioner Spence-Jones. Any discussion. I just want to say thank you.
Mr. Fernandez: Thank you, sir.
Chair Suarez: This is going to do two things: One, it's going to make it quicker; and two, it's going to save money for the City, so really appreciate you taking the leadership on this and following through on it. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Fernandez: Thank you.
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RE.15 RESOLUTION 12-00347 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF EMILIO VALENZUELA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $125,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 12-00347 Memo - Office of the City Attorney.pdf 12-00347 Memo - Financial Signoff.pdf 12-00347 Legislation.pdf
Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence-Jones Absent: 1 - Commissioner(s) Carollo
R-12-0149
Chair Suarez: RE.4 -- I'm sorry. RE.15.
Commissioner Spence-Jones: City Attorney.
Maria J. Chiaro (Deputy City Attorney): This is a settlement. You were individually briefed. It is the settlement on a workers' comp claim. We recommend this settlement as presented to you.
Vice Chair Sarnoff: So moved.
Commissioner Gort: Second.
Commissioner Spence-Jones: Second.
Chair Suarez: Moved by Vice Chair Sarnoff, second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
RE.16 RESOLUTION 12-00349 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS FOR THE ENGAGEMENT OF THE LAW OFFICE OF ROBERT GLAZIER FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF GERALD LELIEVE VS. MANUEL OROSA, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.:10-23677-CIV-ALTONAGA; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000.
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12-00349 Memo - Office of the City Attorney.pdf 12-00349 Legislation.pdf
Motion by Commissioner Spence-Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0150
Chair Suarez: RE.16.
Julie O. Bru (City Attorney): Mr. Chair, RE.16 is my request for authority to retain outside counsel to represent the City of Miami in the case of Gerald Lelieve versus Manuel Orosa. It's a case that recently went to trial in the federal court. There was a judgment. A verdict came back finding the City liable under a Monell claim, under a civil rights claim, and also finding a police officer that we were representing liable. Because a conflict has arisen now, we cannot continue to represent the City or the officer. The officer, I believe, is going to obtain representation from the FOP (Fraternal Order of Police), I believe, and we're seeking representation now for the City for the appeal. There are good grounds for appeal. I intend to hire Robert Glazier, who has done very well for the City in the past, and I've negotiated a very reasonable rate of $250 an hour.
Chair Suarez: Thank you. Is there a motion?
Vice Chair Sarnoff: So moved.
Commissioner Spence-Jones: So moved. Discussion.
Chair Suarez: Moved by Commissioner Spence-Jones, second by the Vice Chair. Commissioner Spence-Jones, you're recognized
Commissioner Spence-Jones: I just want to be clear, Julie, because it's saying basically versus Manuel Orosa, the Chief.
Ms. Bru: No, it's not --
Commissioner Spence-Jones: It's not --
Ms. Bru: -- against the Chief. He's been named as the Chief of Police --
Commissioner Spence-Jones: Because he -- it was under --
Ms. Bru: Right.
Commissioner Spence-Jones: -- his tenure.
Ms. Bru: -- in his official capacity, which really is a lawsuit against the City.
Commissioner Spence-Jones: City, okay.
Commissioner Gort: It's part of their job.
Chair Suarez: It's been moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
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RE.17 RESOLUTION 12-00342 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS Management and TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY Budget REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011.
12-00342 Summary Form.pdf 12-00342 Memo - Year-End Budget Amendment.pdf 12-00342 Legislation.pdf
Motion by Commissioner Spence-Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0151
Chair Suarez: RE.17.
Daniel Alfonso: Danny Alfonso, Budget director, City of Miami. RE.17 is a resolution for the year-end closeout of fiscal year '10/'11. I'll be glad to answer any questions referencing that.
Chair Suarez: Thank you.
Commissioner Carollo: Danny, just real quick. I just want to put it --
Chair Suarez: Go for it.
Commissioner Carollo: -- for the record because, you know, we have stated during the budget we were only going to provide funding of $100,000 for Gusman. However, it didn't get started enough. And I don't want to get into a big discussion about this, but what is the actual amount that we are -- you're asking us now to adjust our budget and actually fund Gusman?
Mr. Alfonso: In the year-end closing item, we're adding $216,000 to fund Gusman Center.
Commissioner Carollo: So what you're saying is originally it was 100,000. We said we were not going to give anymore monies because this 501(3) [sic] was going to come in. We heard this morning about the timing or I don't know what's happened, but the bottom line is that you're coming back to us and now asking for an additional $216,000, for a total of $316,000 to fund Gusman. Correct?
Mr. Alfonso: Correct.
Commissioner Carollo: Thank you.
Chair Suarez: Is there a motion?
Commissioner Spence-Jones: So moved. That's very interesting --
Chair Suarez: Point.
Commissioner Spence-Jones: Yes.
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Chair Suarez: Moved by Commissioner Spence-Jones. Is there a second?
Vice Chair Sarnoff: Second.
Chair Suarez: Second by the man with the glasses, the Vice Chair. I'm sorry.
Commissioner Spence-Jones: And the little canary.
Chair Suarez: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
RE.18 RESOLUTION 12-00201 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS CANCELING AND TERMINATING THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERSHIP, LTD., INCLUDING TERMINATION AND CANCELLATION OF THE SUBLEASE WITH OLYMPIA RESIDENTIAL BUILDING PARTNERS, LTD., TRANSFERRING POSSESSION OF THE COMMERCIAL AND RESIDENTIAL PROPERTY TO THE CITY OF MIAMI, ASSIGNING ALL EXISTING COMMERCIAL AND RESIDENTIAL TENANT LEASES TO THE CITY OF MIAMI, RELEASING OLYMPIA BUILDING PARTNERSHIP, LTD., OF ALL COVENANTS, CONDITIONS, AND OBLIGATIONS ARISING UNDER THE LEASE, SATISFYING LEASEHOLD MORTGAGES, AND ACCEPTING THE TRANSFER OF TENANT SECURITY DEPOSIT FUNDS FROM OLYMPIA BUILDING PARTNERSHIP, LTD., IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CASE OF CITY OF MIAMI VS. OLYMPIA BUILDING PARTNERSHIP, LTD., PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 03-28667-CA-27.
12-00201 Cover Page (05/10/12).pdf 12-00201 Memo - Office of the City Attorney.pdf 12-00201 Legislation.pdf 12-00201 Exhibit 1.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
Note for the Record: Item RE.18 was deferred to the Commission Meeting scheduled for April 26, 2012.
RE.19 RESOLUTION 12-00363 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A FIFTEEN (15) YEAR INITIAL TERM, WITH UP TO THREE
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(3) FIFTEEN (15) YEAR TERM OPTIONS TO RENEW, WITH OLYMPIA CENTER, INC., A FLORIDA 501(c)(3) NOT-FOR-PROFIT ORGANIZATION FOR THE ADMINISTRATION, OPERATION AND MANAGEMENT OF THE RESIDENTIAL AND COMMERCIAL RETAIL PORTION OF THE HISTORIC GUSMAN CENTER FOR THE PERFORMING ARTS PROPERTY LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA 33131; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE CITY OF MIAMI'S OBLIGATION UNDER THE SUNSHINE STATE LOAN POOL PROGRAM AND THE CITY OF MIAMI'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM, SUBJECT TO AN APPROVING OPINION OF BOND COUNSEL.
12-00363 Cover Page (05/10/12).pdf 12-00363 Summary Form.pdf 12-00363 Legislation (Version 2).pdf 12-00363 Exhibit 1.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
Note for the Record: Item RE.19 was deferred to the Commission Meeting scheduled for April 26, 2012.
RE.20 RESOLUTION 12-00371 City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPOINTING TED GUBA AS THE INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, FOR A FOUR-YEAR PERIOD, COMMENCING MAY7, 2012, AND SETTING THE SALARY AND BENEFITS TO BE RECEIVED. 12-00371 Legislation.pdf 12-00371 Exhibit 1 Prior to Meeting.pdf 12-00371-Exhibit 1 SUB.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0152
Chair Suarez: RE.20. Vice Chair, this is yours. I'm sorry. Commissioner Carollo, this is yours.
Commissioner Carollo: Thank you. This is the -- approving the appointment of Ted Guba and also the settlement with his salaries. Let me pass it out. Give me a second, please.
Commissioner Spence-Jones: We already know you were a tough negotiator, right?
Commissioner Carollo: Well, what I thought was going to be a quick session, ended up being
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hours, so it took a few hours in negotiations. But I think it's something reasonable, even though some or many will say that what we negotiated is actually below market for this position, but at the same time, you know, Mr. Guba understands that we're all public servants and he understands the financial situation with the City of Miami. And what we did state is that, you know, in 12 months we'll renegotiate to see what's the position of the City at that time. But you will see in the salary the predecessor auditor was making a salary of close to $183,000. We settled with Mr. Guba for 145,000. As far as car allowance, the predecessor had a car allowance of $800 per month; Mr. Guba will be receiving $500 per month. The phone allowance stayed the same. When we talk about his insurance, we have what most executives make, and that will stay the same. With regards to leave time, first of all, I want to point out that all leave time will be use it or lose it. And the predecessor had 45 days of vacation time; Mr. Guba will receive 20 days of vacation time. Sick time: the predecessor had 12 days; Mr. Guba will receive 10 days. Holidays will remain the same. It'll be 11 days, and I think it's very important that we stipulate that it's on a use it or lose it. As far as severance, the previous auditor general had a severance package of six months. There will be no severance package with Mr. Guba. And as far as retirement, the predecessor had two different types of retirement. Mr. Guba will receive the retirement 401a plan, which is what I've been told all executives are offered. So this is what's before you for your consideration and I welcome, you know, any --
Chair Suarez: You want to make a motion?
Commissioner Carollo: I'll make a motion that we accept this. And when I make a motion -- and, Madam City Attorney, you may want to help me. There is one thing. He did request that the commencement date be May 7. He stated that he wants to move inside the City of Miami -- into the City of Miami, so in the mean time, he's moving and doing everything he needs to do to actually move to the City of Miami, which I think is a plus. So he requested that his commencement date be May 7. So with that said, I will make a motion -- and give me a second -- to pass the resolution of Miami City Commission, with attachments, appointing Ted Guba as the independent auditor general of the City of Miami, Florida, for a four-year period, commencing May 7, 2012, and setting salary and benefits to be received in said attachment. I do want to point out said salaries and benefits are subject to renegotiations in 12 months. That's my motion.
Chair Suarez: There's a motion by Commissioner Carollo. Is there a second?
Vice Chair Sarnoff: Second for discussion.
Commissioner Gort: Second.
Chair Suarez: Second by Commissioner Gort. Vice Chair, you're recognized.
Vice Chair Sarnoff: Just what is the retirement -- what is a 401a plan? What is our normal executive 401a retirement plan?
Commissioner Carollo: I could answer that, but I'd rather have our Risk Management director come up.
Calvin Ellis: Calvin Ellis, director of Risk Management.
Vice Chair Sarnoff: So I'm an executive at City of Miami. I'm making $145,000 a year. What is my 401a plan?
Mr. Ellis: Well, it's structured currently that the employee contributes -- it's a defined contribution -- 10 percent and the City matches 8 percent of that.
Vice Chair Sarnoff: So 8 percent of 145 from the -- so he's got to put the 10 percent in --
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Chair Suarez: It's the legal maximum, right?
Vice Chair Sarnoff: -- for us to match the 8?
Mr. Ellis: Correct.
Chair Suarez: Yeah.
Vice Chair Sarnoff: So he would be obligated to put 14,500 in and then we would match about 10,000 or something dollar from that, right?
Mr. Ellis: Correct, up to a maximum, depending of the salary structure of 50,000 for the 2012.
Vice Chair Sarnoff: What -- whoa, whoa, whoa. What does that mean? Up to a max --
Mr. Ellis: I mean, that's the maximum allowable by our code as far as a 401a program.
Commissioner Carollo: And this was offered to all executives, correct?
Mr. Ellis: I'm sorry?
Commissioner Carollo: And this is what's offered to all executives, correct?
Mr. Ellis: All executives employed after October 2009. Prior to 2009 there was an option that they could participate in the pension, the GESE (General Employees and Sanitation Employees) pension.
Vice Chair Sarnoff: I'm not being critical. I just -- I want to make sure I understand it. The maximum that the City pays is approximately $10,000 and the maximum he could put in is 14,500?
Mr. Ellis: Correct.
Vice Chair Sarnoff: Okay.
Commissioner Gort: Twenty-four thousand.
Chair Suarez: Thank you. It's been moved and second. Any further discussion?
Priscilla A. Thompson (City Clerk): Before you take a vote, please, Chair.
Chair Suarez: Yes.
Ms. Thompson: Just wanting to check with the City Attorney to make sure that because this particular resolution was presented without the commencement date that I'll be showing this as a modified resolution once you take the vote. Thank you.
Chair Suarez: Thank you, Madam Clerk. And I just want to say before we vote -- I want to make a couple comments. First of all, I want to commend Commissioner Carollo first for getting it done as quickly as he did, and secondly, for the negotiation. I used to think I was the best salary negotiator in the City, but I don't know. I think you're giving me competition. And you know, one thing that I think we need to think about in the future once we have a new Clerk, once we have a new City Attorney, once we have a new -- or independent auditor is we need to think about maybe not using this term sheet, okay. Either we have it at will as the County -- you know,
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as Murray Greenberg did for a long time at the County, or we have an actual employment contract 'cause this is ripe for litigation. We got litigated on this on the Jorge Fernandez case and we've continued to use it. I'm not saying, you know -- not saying -- I mean, it's very simple and it's very nice and easy to understand, but it's kind of like an invitation to litigation, so just in the future as we, you know, change these things, it may be something to look at.
Commissioner Carollo: Mr. Chairman.
Chair Suarez: Yes, Commissioner.
Commissioner Carollo: You know, I leave that to the attorneys. I will tell you, sometimes it makes it difficult because -- I mean, if you see in the term sheets, the former auditor also had earned personal leave, you know. So when you see you have an additional two days of earned personal leave, you know, you struggle with that because these are things that you have to negotiate and say no, no, we're not offering that anymore and -- you know, and I think -- as you said, if we just have a contract, I think -- again, I leave it to the attorneys, but I think it'll be -- make it much easier with the negotiations.
Chair Suarez: Absolutely, absolutely. And let me tell you, I commend you on a number of these items and it's certainly in line with my philosophy. And I love the fact that he's moving into the City of Miami. I think that's fantastic.
Commissioner Carollo: Yes.
Chair Suarez: So --
Vice Chair Sarnoff: Whose district?
Commissioner Carollo: It actually may be your district, but that's still undecided.
Chair Suarez: It's been moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Ms. Thompson: As modified.
Chair Suarez: As modified.
Commissioner Carollo: As modified. Thank you.
RE.21 RESOLUTION 12-00364 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Resources SEVERANCE PAY TO ERNEST BURKEEN FOR HIS SEPARATION FROM SERVICE FROM THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION, SUBJECT TO HIS EXECUTION OF AN ACKNOWLEDGMENT, WAIVER AND RELEASE AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 12-00364 Summary Form.pdf 12-00364 Legislation Ordinance 13289.pdf 12-00364 Legislation.pdf
Motion by Commissioner Spence-Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote.
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Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence-Jones Noes: 1 - Commissioner(s) Carollo
R-12-0153
______
Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence-Jones ______
Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence-Jones
Chair Suarez: RE.21.
Beverly Pruitt (Director): Beverly Pruitt, Human Resources Department. This is a resolution for the City Commission's consideration, authorizing payment of severance to Ernest Burkeen for his separation from service in the Parks & Recreation Department with the City of Miami.
Chair Suarez: Thank you. Coming back to this Commission, is there a motion?
Commissioner Spence-Jones: So moved.
Chair Suarez: Moved by Commissioner Spence-Jones, second --
Vice Chair Sarnoff: Second.
Chair Suarez: -- by the Vice Chair. Any comments?
Commissioner Carollo: Yes, Mr. Chairman.
Chair Suarez: You are recognized, Commissioner Carollo.
Commissioner Carollo: Thank you. And I want to point this out because it seems like it's only a few weeks that we had this discussion. I'm seeing here in the agenda item summary form, budgetary impact and all this. It was my understanding -- and I need to go back to, I guess, the minutes. But it was my understanding that anything that had a budgetarial [sic] impact should have gone to the Budget director. I don't see him signing off. And even worse, I see here, is this item related to revenues? No. Is this item an expenditure? No. You know, this is -- actually, it does have a budget impact and you're saying it does not, so I want to start off with that. Procedurally, I thought we cured the problem we had remedied and I'm seeing that, once again, this comes before us with no signature from the Budget director, erroneous information, 'cause this actually does have a fiscal impact. So I do want to point that out.
Johnny Martinez (City Manager): (UNINTELLIGIBLE) and I apologize for that.
Priscilla A. Thompson (City Clerk): I'm sorry. The mike -- I'm sorry, Mr. Manager.
Mr. Martinez: I apologize for that. We did agree that anything with a budget impact would have the Budget director's initials on it and I apologize for that. I was concentrating more on the
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content than the form, but we did agree to initial off on that.
Chair Suarez: Thank you, Mr. Manager. There's two things about this that I really like. The first is we -- you know, let's talk about some good things. The first is that, you know, there was some massive severance payments that were made without City Commission approval, and I think we were very harsh at the time in our, you know, condemning that, and we even legislated it to prevent it from happening, so I'm very heartened by the fact that you're bringing this to the Commission, as you should and as you're required to. The second thing is that it's a very, very, very small sum of money in comparison with the other severances that I'm talking about. I mean, it's like one-tenth of the other severances that I'm talking about. And obviously, me being as conservative as I am, I kind of like Commissioner Carollo negotiating no severance on the auditor general so that would have, of course, been my preference. But I think you made a very impassioned plea as to why this should be given and you kind of won me over. All in favor, signify by saying "aye." Aye.
Vice Chair Sarnoff: Aye.
Commissioner Carollo: No.
Chair Suarez: Please register Commissioner Carollo as a no.
Commissioner Carollo: I think we finished the REs (Resolutions).
Chair Suarez: We're done with the REs.
[Later...]
Chair Suarez: Commissioner -- what I'd like to do, if we can -- this is a housekeeping clean-up. We have to revisit RE.21, so we need a motion to reconsider RE.21 because -- moved by the Vice Chair. Is there a second?
Commissioner Gort: Second.
Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: Motion to reconsider passes. Now we need to move it so that Section 2 reads equal to, I think, three weeks. Is that right? Is it six weeks? Six weeks? That's right, it is six weeks. It is six weeks. It's three periods is what it is, right?
Vice Chair Sarnoff: Mr. Chair.
Chair Suarez: Yeah.
Vice Chair Sarnoff: Can I also put an amendment in that?
Chair Suarez: Sure.
Vice Chair Sarnoff: And that -- well, we're talking about it.
Chair Suarez: Are you going to second your amendment, though?
Vice Chair Sarnoff: Let me make a motion to approve this but also get a full and complete release from Mr. Burkeen.
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Chair Suarez: That's fine.
Commissioner Gort: Definitely.
Ms. Thompson: That's already in there.
Chair Suarez: Yeah. So --
Vice Chair Sarnoff: Was that part of it?
Chair Suarez: -- the motion is to -- but also have to include the six -- the number six of six weeks on the reso so that's why we had to reconsider it. So there's a motion by the Vice Chair, a second by Commissioner Gort. Is that right, Commissioner Gort?
Commissioner Gort: Yes.
Chair Suarez: Yes. Okay, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: Okay, so we got that out of the way.
END OF RESOLUTIONS
BOARDS AND COMMITTEES
BC.1 RESOLUTION 12-00283 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Eduardo Cantera Mayor Tomas Regalado
Howard Miller Mayor Tomas Regalado
Vicente Lago, Jr. Chairman Francis Suarez
12-00283 Arts CCMemo.pdf 12-00283 Arts Current Board Members.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, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
R-12-0154
A motion was made by Vice Chairman Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, with Commissioner Spence-Jones absent, to appoint Vicente Lago, Jr. as a
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member of the Arts and Entertainment Council; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to past absences on record for Vicente Lago, Jr. as a member of the Arts and Entertainment Council.
Chair Suarez: Okay, let's -- yeah. No. Yeah, let's do the BCs (Boards and Committees). Let's try to do -- can we do BCs, Madam Clerk?
Priscilla A. Thompson (City Clerk): Yes.
Chair Suarez: Okay.
Ms. Thompson: Okay.
Chair Suarez: Let's go.
Ms. Thompson: If you --
Chair Suarez: I thought Todd was doing it.
Ms. Thompson: If you would be so kind as to give me your approval, I would like for our assistant City Clerk, Todd Hannon, to handle the BC section of the agenda.
Chair Suarez: No.
Vice Chair Sarnoff: Todd.
Ms. Thompson: Thank you.
Chair Suarez: Just kidding.
Vice Chair Sarnoff: Todd, ten minutes. If you get --
Chair Suarez: Todd.
Vice Chair Sarnoff: -- it done in ten minutes --
Chair Suarez: He -- you know what, we had -- listen, I'm going to say something on this.
Vice Chair Sarnoff: I'm going to incentivize him.
Chair Suarez: Yeah.
Vice Chair Sarnoff: Suarez takes you to Locale.
Chair Suarez: Look -- no. Here's the thing, though. Him and I agreed on 20 because what happened was Madam Clerk last time said 10 and it actually took about 28 minutes so --
Vice Chair Sarnoff: Watch him go. Ten minutes --
Chair Suarez: What?
Vice Chair Sarnoff: -- is Locale --
Chair Suarez: What?
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Vice Chair Sarnoff: -- on him.
Chair Suarez: What are you going to say?
Ms. Thompson: In Madam Clerk's defense, if you should allow me to say so, at times there was a lot of conversating [sic] going on.
Chair Suarez: Discussion, I got you.
Ms. Thompson: Yes. Thank you.
Chair Suarez: So it's basically our fault. Got it.
Vice Chair Sarnoff: We'll say nothing.
Chair Suarez: Okay. Okay, Todd, go for it.
Todd Hannon (Assistant City Clerk): I'm going to do my best with the 20 minutes, but I have a feeling I may be buying Commission dinner tonight.
Vice Chair Sarnoff: Okay, you just wasted ten seconds.
Mr. Hannon: Okay, I will be guiding you through your board and committee items tonight, but before we begin, I would like to request from the Commission that you proffer all names and waivers before you make a motion. There'll only be one motion required for each item. So with that in mind, we'll begin with BC.1, Arts and Entertainment Council. There are three appointments to be made to the Council. Mayor Regalado has two appointments. He will be reappointing Eduardo Cantera and he will be appointing Howard Miller. Chair Suarez, you have one appointment.
Chair Suarez: I'll reappoint my appointee.
Mr. Hannon: Okay.
Vice Chair Sarnoff: So moved.
Commissioner Carollo: Second.
Mr. Hannon: Sorry. Mr. Vicente Lago will require a four-fifth absentee waiver.
Chair Suarez: That's fine; we got four here.
Mr. Hannon: I just want to make sure that's part of the motion.
Chair Suarez: Sure.
Vice Chair Sarnoff: So moved as stated.
Chair Suarez: Yes, it is. Moved by the Vice Chair. Second by Commissioner Carollo. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.2 RESOLUTION
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12-00284 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Chairman Francis Suarez
12-00284 Bayfront Park CCMemo.pdf 12-00284 Bayfront Park Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
Todd Hannon (Assistant City Clerk): BC.2, Bayfront Park Management Trust.
Chair Suarez: He's making good time.
Mr. Hannon: There's one appointment to be made to the Trust and that's by Chair Suarez.
Chair Suarez: Yeah.
Commissioner Gort: I'm sorry.
Chair Suarez: You know what; no, I'm going to defer that.
Mr. Hannon: Defer. If I could get a motion?
Chair Suarez: Yeah, defer.
Commissioner Carollo: Need a motion?
Chair Suarez: Motion to defer.
Mr. Hannon: Yes. We're going to continue it to the first meeting --
Chair Suarez: I mean, I can't move it.
Vice Chair Sarnoff: So moved.
Chair Suarez: I can't move it.
Commissioner Carollo: Second.
Chair Suarez: Sorry.
Commissioner Carollo: I move to defer it to the next meeting.
Vice Chair Sarnoff: Second.
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Chair Suarez: Motion by Commissioner Carollo, second by --
Commissioner Carollo: You know what, I --
Commissioner Gort: I second.
Commissioner Carollo: -- move to continue to the next --
Mr. Hannon: That's fine.
Commissioner Carollo: -- same like meeting where we have the BC (Boards and Committees) items.
Mr. Hannon: Yes, sir.
Commissioner Carollo: (UNINTELLIGIBLE) continuance.
Chair Suarez: Okay, second by Commissioner Gort.
Commissioner Gort: Yes.
Chair Suarez: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.3 RESOLUTION 12-00331 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk ELECTION AND APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS DESIGNATED HEREIN.
ELECTED REPRESENTATIVES: SEATS REPRESENTED:
Sean Moy Seat #1
Christine S. Gomez Seat #2
APPOINTEES: NOMINATED BY:
Gerald Silverman Commission-At-Large
Carlos R. Lago Commission-At-Large
Lillie Harris Commission-At-Large
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12-00331 Civil Service CCMemo.pdf 12-00331 Civil Service Current Board Members.pdf 12-00331 Civil Service Certification of Runoff Election.pdf 12-00331 Civil Service Memo from Executive Secretary.pdf
Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence-Jones Noes: 1 - Commissioner(s) Sarnoff
R-12-0155
Chair Suarez: BC.3.
Todd Hannon (Assistant City Clerk): I would like to wait for BC.3 until Commissioner Spence-Jones gets here because I believe she would like to make an appointment to the at-large, one of the at-large appointments.
Commissioner Gort: I would too. I'd like --
Mr. Hannon: So if we could --
Commissioner Gort: -- to make an appointment at-large.
Mr. Hannon: -- just come back to BC.3? I believe Commissioner Spence-Jones should be here soon.
Chair Suarez: How many at-larges are available?
Mr. Hannon: She's going to be here soon, so let's --
Commissioner Carollo: Three.
Chair Suarez: Okay, got it. Okay.
Mr. Hannon: So --
Commissioner Carollo: And I --
Chair Suarez: All right, so we'll go to BC.4.
Commissioner Carollo: -- have a nominee also.
Chair Suarez: Okay.
[Later...]
Chair Suarez: Let's go back to the board and committees that we postponed because Commissioner Spence-Jones had to step out.
Mr. Hannon: Commission, I would like to begin with --
Commissioner Gort: Three.
Mr. Hannon: -- BC.3.
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Commissioner Gort: Yes.
Mr. Hannon: BC.3 is the Civil Service Board. And, Chair, I would like to ask the permission of the Commission to provide background information on this resolution before a motion is proffered so that the Commission understands that this resolution not only confirms the two elected representatives for the Civil Service Board from a recently held runoff election, but also allows for the Commission to make three at-large appointments to the Civil Service Board at this time. I promise to keep it like a two-minute concise --
Chair Suarez: Okay.
Mr. Hannon: -- drill and, you know, there's a method behind the madness so if you'll just give me a minute, I'll just explain everything. And I understand --
Commissioner Gort: Okay.
Mr. Hannon: -- that there are appointments to be made to the at-large seats. As you know, the Civil Service Board is made up of five seats, with two seats being elected seats and the other three seats being at-large appointments by the City Commission. On March 1 and March 2 of this year an election was held for the two elected seats on the Civil Service Board. After the votes were tallied, none of the candidates that ran for seat number 1 and seat number 2 received a majority vote. As a result, a runoff election was held on March 15 and March 16. After the votes were tallied for runoff election, the winner for seat number one was Sean Moy and the winner for seat number two was Christine S. Gomez. Now the first part of the resolution that you'll be passing today confirms Sean Moy and Christine S. Gomez as the elected representatives to the Civil Service Board. The second part of this resolution allows for the Commission to make three at-large appointments to the Civil Service Board. The current incumbents for the Civil Service Board are Joseph Kaplan and Gerald Silverman. The third at-large seat was recently vacated by the resignation of Miguel de la O from the Civil Service Board and currently remains vacant. Now with this in mind, and before a motion is made, it is my understanding that Commissioner Carollo will be reappointing Gerald Silverman, Commissioner Spence-Jones will be appointing Lillie Harris, and Commissioner Gort will be appointing Carlos Lago to the three at-large seats. If this information is correct, can I have a motion?
Commissioner Gort: So moved
Commissioner Carollo: So moved.
Chair Suarez: Moved by Commissioner Gort. Second by Commissioner Carollo. Any further discussion? All in favor, signify by saying "aye."
Commissioner Spence-Jones: Aye.
Commissioner Gort: Aye.
Chair Suarez: Aye.
Commissioner Carollo: Aye.
Vice Chair Sarnoff: No.
Chair Suarez: BC.4.
Mr. Hannon: I'm sorry. Vice Chair, was that a no?
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Vice Chair Sarnoff: Yes.
Mr. Hannon: Okay.
BC.4 RESOLUTION 12-00285 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY:
Maria Mascarenas Vice Chairman Marc David Sarnoff
12-00285 CSW CCMemo.pdf 12-00285 CSW Current Board Members.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-12-0156
A motion was made by Commissioner Carollo, seconded by Commissioner Spence-Jones, and was passed unanimously, to appoint Maria Mascarenas as a member of the Commission on the Status of Women; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Maria Mascarenas as a member of the Commission on the Status of Women.
Todd Hannon (Assistant City Clerk): Actually -- BC.4, yes. BC.4, Commission on the Status of Women. There are three appointments to be made to the Commission on the Status of Women. Vice Chair Sarnoff, you have one appointment.
Vice Chair Sarnoff: Maria Mascarenas.
Mr. Hannon: You know what; actually, we need a five-five on that so --
Chair Suarez: Okay.
Vice Chair Sarnoff: So I withdraw.
Mr. Hannon: -- (UNINTELLIGIBLE) to hold off --
Chair Suarez: You want --
Mr. Hannon: -- on that appointment.
Chair Suarez: -- is that why -- you want to go to the next one? Okay.
Mr. Hannon: We'll -- yeah. Actually, let's hold off.
Chair Suarez: Yeah.
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Mr. Hannon: We'll come back to it.
Chair Suarez: Yeah. Okay, 5.
Mr. Hannon: Sorry about that.
[Later...]
Chair Suarez: Okay.
Mr. Hannon: One second. BC.4, Commission on the Status of Women, there are three appointments to be made. Vice Chair Sarnoff, you have one appointment.
Vice Chair Sarnoff: Liliana Dones.
Mr. Hannon: Liliana Dones is already a member on the Commission on the Status of Women. The -- BC.5 was a resolution that you passed basically waiving her absenteeism. So your current incumbent is Maria Mascarenas.
Vice Chair Sarnoff: Oh, I thought I already appointed her. I apologize. Maria Mascarenas.
Mr. Hannon: All right. Ms. Mascarenas will require a five-five term waiver; just want to make sure that's part of the motion.
Commissioner Carollo: So moved
Commissioner Spence-Jones: Second
Commissioner Gort: Second.
Chair Suarez: Moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Hannon: Thank you.
BC.5 RESOLUTION 11-01226 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk ATTENDANCE BY A FOUR-FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO LILIANA DONES AS A MEMBER OF THE COMMISSION ON STATUS OF WOMEN BOARD. 11-01226 CSW Absence Waiver CCMemo.pdf 11-01226 CSW Absence Waiver Current Board Members.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, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
R-12-0157
Chair Suarez: BC.5.
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Todd Hannon (Assistant City Clerk): BC.5 is a resolution of the Miami City Commission waiving the attendance by a four-fifth affirmative vote as it relates to Liliana Dones as a member of the Commission on the Status of Women.
Vice Chair Sarnoff: So moved.
Commissioner Carollo: Second.
Chair Suarez: Moved by the Vice Chair. Second by Commissioner Carollo. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: You're at three minutes, man.
BC.6 RESOLUTION 12-00286 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
Commissioner Frank Carollo
12-00286 CRB CCMemo.pdf 12-00286 CRB Current_Board_Members.pdf 12-00286 CRB Memo from Haydee Wheeler.pdf
Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
Todd Hannon (Assistant City Clerk): BC.6, Community Relations Board. There are three appointments to be made to the board. Commissioner Gort, you have one appointment?
Commissioner Gort: Which board is this?
Chair Suarez: Community Relations.
Commissioner Gort: I waive.
Chair Suarez: You have Barbara Rodriguez as your current appointee. He waives it.
Mr. Hannon: Continue.
Commissioner Carollo: Continue.
Chair Suarez: Continued. So do we need a motion on that?
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Mr. Hannon: Yes, sir.
Vice Chair Sarnoff: So moved.
Commissioner Carollo: Second.
Commissioner Gort: Second.
Chair Suarez: Moved by the Vice Chair. Second by Commissioner Carollo. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.7 RESOLUTION 12-00289 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commissioner Frank Carollo
12-00289 CTAB CCMemo.pdf 12-00289 CTAB Current_Board_Members.pdf
Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
Commissioner Carollo: Continue.
Chair Suarez: BC.7.
Vice Chair Sarnoff: So moved.
Commissioner Carollo: Second.
Chair Suarez: Moved by the Vice Chair. Second by Commissioner Carollo. What exactly did you move? To it be continued? Okay.
Commissioner Carollo: Continued.
Chair Suarez: Okay, got it.
Vice Chair Sarnoff: Like meeting.
Chair Suarez: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
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BC.8 RESOLUTION 12-00287 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Commissioner Frank Carollo
Commissioner Frank Carollo
IAFF
AFSCME 871
12-00287 EOAB CCMemo.pdf 12-00287 EOAB Current_Board_Members.pdf
Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
Chair Suarez: BC.8.
Todd Hannon (Assistant City Clerk): BC.8, Equal Opportunity Advisory Board. Commissioner --
Commissioner Carollo: Continue.
Mr. Hannon: Okay.
Chair Suarez: He's got con --
Mr. Hannon: There are also --
Chair Suarez: Does the IAFF (International Association of Firefighters) have any names?
Mr. Hannon: No.
Chair Suarez: Okay.
Mr. Hannon: The IAFF and AFSCME (American Federal, State, County, and Municipal Employees) did not proffer names so they --
Chair Suarez: Okay.
Mr. Hannon: -- that will need to be continued.
Vice Chair Sarnoff: So moved.
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Commissioner Carollo: Second.
Chair Suarez: So moved for continuance, second by the Vice Chair. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.9 RESOLUTION 12-00288 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Vice Chairman Marc David Sarnoff
12-00288 Finance CCMemo.pdf 12-00288 Finance Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
Chair Suarez: Next one, BC.9.
Todd Hannon (Assistant City Clerk): BC.9, Finance Committee. Vice Chair, you have one appointment to make.
Vice Chair Sarnoff: I'm going to waive.
Commissioner Carollo: Move it.
Chair Suarez: Moved by the --
Commissioner Gort: Second.
Chair Suarez: -- Commissioner Carollo, second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.10 RESOLUTION 11-00997 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chairman Francis Suarez City of Miami Page 144 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
Commissioner Frank Carollo
11-00997 Health CCMemo.pdf 11-00997 Health Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
Todd Hannon (Assistant City Clerk): BC.10, Health --
Chair Suarez: Waive mine.
Commissioner Carollo: Waive mine too. Move it.
Vice Chair Sarnoff: So moved.
Chair Suarez: Motion by Commissioner Carollo. Second --
Commissioner Gort: Second.
Chair Suarez: -- by the Vice Chair. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.11 RESOLUTION 12-00054 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES/CATEGORIES: NOMINATED BY:
Robert John Graboski Chairman Francis Suarez (Architect or Architectural Historian - Category 4
William Hopper Vice Chairman Marc David Sarnoff (Citizen - Category 7)
Jorge Kuperman Commissioner Wifredo (Willy) Gort (Architect - Category 1)
Lynn B. Lewis Commissioner Wifredo (Willy) Gort (Alternate Member that Qualified Under One of the Qualifications - Category 8)
Hugh Ryan Commissioner Frank Carollo (Historian or Architectural Historian
City of Miami Page 145 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
- Category 3)
Timothy Barber Commissioner Michelle Spence-Jones (Citizen - Category 7)
Gerald C. Marston Commissioner Michelle Spence-Jones (Landscape Architect - Category 2)
12-00054 HEP CCMemo.pdf 12-00054 HEP Application Summary.pdf 12-00054 HEP Current Board Members.pdf 12-00054 HEP Applications.pdf 12-00054-HEP-Substitution of Backup Documents for Item BC.11.pdf 12-00054-Item BC.11 Document.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-12-0158
A motion was made by Vice Chairman Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, to appoint Lynn B. Lewis as a member of the Historic and Environmental Preservation Board; further waiving the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, is hereby waived by a four fifths (4/5ths) vote of the members of the City Commission, as said requirement relates to the appointment of Lynn B. Lewis to the Historic and Environmental Preservation Board.
A motion was made by Vice Chairman Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, to appoint Gerald C. Marston as a member of the Historic and Environmental Preservation Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to past absences on record for Gerald C. Marston as a member of the Historic and Environmental Preservation Board.
A motion was made by Vice Chairman Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, to appoint Gerald C. Marston as a member of the Historic and Environmental Preservation Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Gerald C. Marston as a member of the Historic and Environmental Preservation Board.
Todd Hannon (Assistant City Clerk): Okay, the next --
Chair Suarez: Four minutes.
Mr. Hannon: -- BC (Boards and Committees) -- I'm going to skip BC.11, 12, and 13.
Vice Chair Sarnoff: Ow. Does that count?
Commissioner Carollo: Why?
Mr. Hannon: And I will have to come back. Commissioner Spence-Jones, I believe --
Chair Suarez: Okay.
City of Miami Page 146 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
Vice Chair Sarnoff: She's really holding you back.
Commissioner Gort: Which one? I'm sorry, what's that?
Mr. Hannon: BC.11 is -- we'll come back to it. We'll come back to --
Commissioner Carollo: Yeah.
Commissioner Gort: Why?
Mr. Hannon: -- BC.11. BC.11, Commissioner Spence-Jones needs to be a part of the motion because it --
Chair Suarez: Yeah, the mess.
Mr. Hannon: -- involves multiple appointees --
Chair Suarez: Got it.
Mr. Hannon: -- and waivers.
Chair Suarez: That one's a mess.
Mr. Hannon: So I do need her here for that item.
Vice Chair Sarnoff: Good burgers --
Mr. Hannon: We will --
Chair Suarez: A two-page diagram just to get that thing straight.
Vice Chair Sarnoff: -- are leaving your lips.
Mr. Hannon: For BC.11, we'll hold off. I do have a motion prepared and we'll go over it. So let's go ahead and we'll skip BC.11.
[Later...]
Vice Chair Sarnoff: Sorry. Now BC.5. Liliana Dones.
Mr. Hannon: We already took care of BC.5.
Chair Suarez: BC.11, I think, right?
Mr. Hannon: Yes, BC.11. There's a motion being handed out to each Commissioner that essentially outlines all appointments and waivers to be made to the HEP (Historical and Environmental Preservation) Board. If I could have you review the motion make sure all the information is correct, then I just need one Commissioner to proffer the motion.
Chair Suarez: I appoint -- well, just -- yeah. Let's have somebody proffer the motion.
Mr. Hannon: Yeah, if each --
Chair Suarez: Yeah.
City of Miami Page 147 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
Mr. Hannon: -- person could just review it first?
Chair Suarez: I have no problem with it.
Vice Chair Sarnoff: Can I make a motion in accordance with item BC.11, dated April 12, 2012, handed out by the City Clerk?
Commissioner Carollo: Second.
Priscilla A. Thompson (City Clerk): I'm sorry.
Commissioner Gort: Wait a minute.
Ms. Thompson: I'm sorry. You need to state the names and the categories for each. You're going to do one motion.
Vice Chair Sarnoff: Ever hear the expression waiving presentment and waiving reading?
Ms. Thompson: As I was saying, I need you to place on the record the name of each one of your nominee --
Vice Chair Sarnoff: I don't (UNINTELLIGIBLE).
Ms. Thompson: -- and the category and we can take one vote.
Vice Chair Sarnoff: -- following motion, Madam Heisenberg, motion to appoint the following individuals to the Historic and Environmental Preservation Board. Chairman Suarez would like to appoint Robert John Graboski as a category 4 appointee.
Chair Suarez: Sounds like a hurricane.
Vice Chair Sarnoff: Vice Chairman Sarnoff would like to appoint William Hopper as a category 7 appointee. Commissioner Gort, in his infinite wisdom, appoints George Cooperman as category 1 appointee. Commissioner Gort appoints equally, and equally wise person, Lynn --
Ms. Thompson: And I --
Vice Chair Sarnoff: -- B. Lewis --
Ms. Thompson: -- and Ms. Lewis will need a four-fifth employment waiver.
Chair Suarez: It's on paper.
Vice Chair Sarnoff: If you'd allowed me --
Commissioner Carollo: (UNINTELLIGIBLE) get there.
Vice Chair Sarnoff: -- to read it, I would have --
Chair Suarez: It's on the paper.
Vice Chair Sarnoff: -- included that, Madam Heisenberg.
Commissioner Gort: Don't stop us so we can finish.
City of Miami Page 148 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
Vice Chair Sarnoff: But I understand you want to school me. Lynn B. Lewis, as I was saying for her wisdom and good looks, as a category 8 appointee. In addition, she would need a four-fifth waiver, Madam Heisenberg.
Ms. Thompson: Thank you.
Vice Chair Sarnoff: Commissioner Carollo appoints Hugh Ryan as a category 3 appointee. Commissioner Spence-Jones appoints Gerald C. Marston as a category 2 appointee and he equally, in addition, needs a four-fifth waiver and a five-five term waiver. Commissioner Spence-Jones further appoints Timothy Barber as a category 7 appointee. That is my motion.
Commissioner Carollo: Second.
Chair Suarez: Motion by the Vice Chair. Second by Commissioner Carollo. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.12 RESOLUTION 12-00291 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Maria Sardina Mann Mayor Tomas Regalado
Ricardo Lambert Chairman Francis Suarez
David Freedman Vice Chairman Marc David Sarnoff
12-00291 Homeland CCMemo.pdf 12-00291 Homeland Current Board Members.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, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
R-12-0159
Todd Hannon (Assistant City Clerk): BC.12, give me one second.
Vice Chair Sarnoff: Five minutes and counting.
Mr. Hannon: We can go ahead and take up BC.12, Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. There are six appointments to be made. Mayor Regalado has two appointments. He's going to reappoint Maria Sardina Mann and he's going to continue the vacant position. Chair Suarez, you have two appointments.
Chair Suarez: I thought that Omar Travieso, one of my appointees, I thought he resigned. At
City of Miami Page 149 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
least I think he e-mailed (electronic) me that he resigned.
Priscilla A. Thompson (City Clerk): Now, if I might, he may have and I don't have a copy --
Chair Suarez: Okay.
Chair Suarez: -- of that resignation.
Chair Suarez: Okay.
Ms. Thompson: So if you -- he did, can you please forward that to us?
Chair Suarez: Sure.
Ms. Thompson: And we'll make sure to include that on your May 12 meeting.
Chair Suarez: Okay. I'll leave Ricardo Lambert --
Ms. Thompson: I'm sorry, May 10.
Chair Suarez: -- on right now -- for right now.
Ms. Thompson: So you're reappointing --
Chair Suarez: Ricardo Lambert.
Vice Chair Sarnoff: I will reappoint David Freedman.
Mr. Hannon: Commissioner Carollo, you have one appointment.
Commissioner Carollo: Continue.
Vice Chair Sarnoff: So moved.
Commissioner Carollo: Second.
Chair Suarez: There's none by the Mayor?
Mr. Hannon: No. I already stated the Mayor's reappointment of --
Chair Suarez: Okay.
Mr. Hannon: -- Maria Sardina Mann and he is continuing the vacant.
Chair Suarez: It's been moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.13 RESOLUTION 12-00332 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN.
City of Miami Page 150 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
APPOINTEES: NOMINATED BY:
Samantha Quarterman Commissioner Michelle Spence-Jones (Term ending 4/12/2014) Jeffrey L. Mack Commissioner Michelle Spence-Jones (Term ending 4/12/2014) Samuel Gaita Commissioner Michelle Spence-Jones (Term ending 4/12/2014) Bruce Bennett Commissioner Michelle Spence-Jones (Term ending 4/12/2014) Roy Hardemon City Manager Johnny Martinez (Term ending 4/12/2013)
12-00332 Liberty City CCMemo.pdf 12-00332 Liberty City Current Board Members.pdf 12-00332 Liberty City Applications.pdf
Motion by Commissioner Gort, 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-12-0160
A motion was made by Commissioner Gort, seconded by Commissioner Spence-Jones, and was passed unanimously, to appoint Roy Hardemon as a member of the Liberty City Community Revitalization Trust; further waiving the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, is hereby waived by a four fifths (4/5ths) vote of the members of the City Commission, as said requirement relates to the appointment of Roy Hardemon to the Liberty City Community Revitalization Trust.
Chair Suarez: BC.13, despite the heartburn.
Vice Chair Sarnoff: That wasn't my heart.
Todd Hannon (Assistant City Clerk): We will need to move BC.13 to BC.14. Commissioner Spence-Jones will be making the appointments --
Chair Suarez: Okey-doke.
Mr. Hannon: -- on BC.13 so --
Priscilla A. Thompson (City Clerk): As well as the Manager.
Mr. Hannon: Right.
Johnny Martinez (City Manager): Yeah.
[Later...]
Chair Suarez: BC.12. Good work on that, guys.
Mr. Hannon: We've already taken care of BC.12.
Chair Suarez: Good work on that.
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Mr. Hannon: We move on to BC.13. BC.13 is the Liberty City Community Revitalization Trust. There's six appointments to be made. Commissioner Spence-Jones has five appointments. Four of those appointments will be for voting members and one appointment will be for a youth nonvoting member. And Commissioner Spence-Jones, it's my understanding that you will be appointing to the voting members Samantha Quarterman, Jeffrey L. Mack, Samuel Gaita, and Bruce Bennett, and you'll be continuing your youth nonvoting member. Is that correct?
Commissioner Spence-Jones: Yes.
Mr. Hannon: Now, the City Manager also has an appointment, and he's going to be reappointing Roy Hardemon, who will require a four-fifths employment waiver. So if I can just make sure that's part of the motion.
Chair Suarez: Is there a motion?
Commissioner Gort: Move it.
Commissioner Spence-Jones: Second.
Chair Suarez: Moved by Commissioner Gort. Second by Commissioner Spence-Jones. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.14 RESOLUTION 12-00292 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort
12-00292 MSEA CCMemo.pdf 12-00292 MSEA Current Board Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Spence-Jones
R-12-0161
Todd Hannon (Assistant City Clerk): BC.14 Miami Sports and Exhibition Authority. There are two appointments to be made to the Authority. Commissioner Gort, you have the opportunity to reappoint yourself.
Chair Suarez: Didn't (UNINTELLIGIBLE) early resign from the MSEA Board?
Commissioner Gort: I do so.
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Mr. Hannon: So.
Chair Suarez: Is there anything left there to do?
Mr. Hannon: Commissioner Carollo?
Commissioner Carollo: Continue.
Mr. Hannon: Continue. Is there a motion?
Commissioner Carollo: So moved.
Chair Suarez: Moved by Commissioner Carollo, second --
Commissioner Gort: Second.
Chair Suarez: -- by Commissioner Gort. All in favor, signify by saying "aye." Aye.
Vice Chair Sarnoff: No.
Chair Suarez: BC --
Mr. Hannon: Unfortunately --
Chair Suarez: Register the Vice Chair as a no, please.
BC.15 RESOLUTION 12-00057 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commissioner Frank Carollo
12-00057 PRAB CCMemo.pdf 12-00057 PRAB Current_Board_Members.pdf
Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
Todd Hannon (Assistant City Clerk): I will need BC.15 --
Commissioner Carollo: Continue.
Vice Chair Sarnoff: So moved.
Commissioner Carollo: Second.
Chair Suarez: Moved by the Vice Chair. Second by Commissioner Carollo.
City of Miami Page 153 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
Commissioner Gort: Second.
Chair Suarez: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: You know what, Madam Clerk, I'm with you. You know, we're doing a lot better today. It's not -- you're right, you're right. We're like at seven minutes right now and we're almost done.
BC.16 RESOLUTION 12-00360 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PERFORMING ARTS CENTER TRUST FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Hank Klein Commission-at-Large
12-00360 PACT CCMemo.pdf 12-00360 PACT Bd Appt Letter for Hank Klein.pdf 12-00360 PACT Board Roles and Responsibilites.pdf 12-00360 PACT By-Laws.pdf 12-00360 PACT Resume - Hank Klein.pdf 12-00360 PACT Miami Beach Appt. Letter.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-12-0162
Todd Hannon (Assistant City Clerk): I would --
Priscilla A. Thompson (City Clerk): Thank you.
Mr. Hannon: -- like to wait on BC.16 because that's an at-large appointment.
Chair Suarez: Sure.
[Later...]
Chair Suarez: Next one.
Mr. Hannon: BC.16. Just a moment.
Chair Suarez: I think Todd's going to be doing this from now on. Sorry.
Vice Chair Sarnoff: He's organized.
City of Miami Page 154 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
Ms. Thompson: Fine with me.
Commissioner Spence-Jones: Nominate Hank Klein.
Mr. Hannon: BC.16, if I may. Pursuant to the Performing Arts Center Trust's Articles of Incorporation, the City of Miami's entitled to appoint three representatives to the board of the Performing Arts Center Trust. Currently, only one of three seats is vacant. Commissioner Spence-Jones and Vice Chair Sarnoff currently serve on the PAC (Performing Arts Center). The PAC is requesting that the Miami City Commission consider reappointing Hank Klein.
Commissioner Spence-Jones: So moved.
Chair Suarez: Moved by --
Commissioner Carollo: Second.
Chair Suarez: -- Commissioner Spence-Jones. Second by Commissioner Carollo. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: Done deal.
BC.17 RESOLUTION 12-00298 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Vice Chairman Marc Sarnoff
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
Commissioner Michelle Spence-Jones
12-00298 PZAB CCMemo.pdf 12-00298 PZAB Current_Board_Members.pdf 12-00298 PZAB Applications.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
Todd Hannon (Assistant City Clerk): BC.17, Planning, Zoning and Appeals Board. There are four appointments to be made. Vice Chair Sarnoff, you have one appointment.
Vice Chair Sarnoff: Continue mine.
Mr. Hannon: Continue. Commissioner Gort, you have one appointment.
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Commissioner Gort: I'm sorry; which one is this?
Mr. Hannon: Planning, Zoning and Appeals Board.
Commissioner Spence-Jones: Planning and Zoning.
Commissioner Gort: Waive it.
Mr. Hannon: Commissioner Carollo, you have one appointment.
Commissioner Carollo: Continue.
Mr. Hannon: And Commissioner Spence-Jones, you have one appointment.
Commissioner Spence-Jones: Waiving it.
Chair Suarez: Okay.
Commissioner Spence-Jones: Deferring it.
Chair Suarez: Okay. Is there a motion?
Commissioner Spence-Jones: So moved.
Commissioner Carollo: Move it.
Chair Suarez: Moved by Commissioner Spence-Jones. Second by Commissioner Carollo. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.18 RESOLUTION 12-00300 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chairman Francis Suarez
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Michelle Spence-Jones
12-00300 UDRB CCMemo.pdf 12-00300 UDRB Current_Board_Members.pdf
City of Miami Page 156 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
Todd Hannon (Assistant City Clerk): BC.18, Urban Development Review Board. There are five appointments to be made. Chair Suarez, you have one appointment.
Chair Suarez: Continue.
Mr. Hannon: Commissioner Gort, you have one appointment.
Commissioner Gort: Continue.
Mr. Hannon: Commissioner Carollo, you have two appointments.
Commissioner Carollo: Continue.
Mr. Hannon: Commissioner Spence-Jones, you have one appointment.
Commissioner Spence-Jones: Okay. Can I ask you a question? Do I have -- do we have -- I have two appointments on there, right?
Mr. Hannon: Currently you have one appointment, Dean Lewis, who is --
Chair Suarez: What she's saying is that there's two appointments. There's two -- each Commissioner appoints two people, which I believe she's right.
Mr. Hannon: Yeah, that's correct. There are ten members to the board.
Commissioner Spence-Jones: Can I appoint -- I want to appoint Neil Hall. I thought he was already on there.
Priscilla A. Thompson (City Clerk): He is.
Commissioner Spence-Jones: That's what I -- so --
Chair Suarez: So he's not up for reappointment so he's good. You're good with him. He's there. He's still --
Ms. Thompson: Mr. Hall, you did --
Commissioner Spence-Jones: Well, somebody else must have appointed him then.
Ms. Thompson: No. You appointed Mr. Neil Hall three -- I think three -- two meetings ago.
Commissioner Spence-Jones: Right.
Ms. Thompson: So now Mr. Dean Lewis is your second appointment. His term ends March 10.
Commissioner Spence-Jones: Oh, I'll just defer.
Ms. Thompson: So -- okay.
Chair Suarez: Okay.
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Commissioner Carollo: So moved.
Chair Suarez: Moved by Commissioner Carollo.
Commissioner Gort: Second.
Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.19 RESOLUTION 12-00301 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Richard Townsend Chairman Francis Suarez
Patrick Range Vice Chairman Marc David Sarnoff
12-00301 VKBPT CCMemo.pdf 12-00301 VKBPT Current Board Members.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
R-12-0163
Todd Hannon (Assistant City Clerk): And the remainder do involve Commissioner Spence-Jones. We can do -- go to BC.19, Virginia Key Beach Park Trust. There are five appointments to be made. Commissioner -- Chair Suarez, I am of the understanding that you're going to be appointing Richard Townsend --
Chair Suarez: Yes.
Mr. Hannon: -- to the Trust? Okay.
Chair Suarez: If you say so.
Mr. Hannon: Yes, sir. And Vice Chair Sarnoff, you have one appointment.
Vice Chair Sarnoff: Patrick Range.
Chair Suarez: I love that guy. Great guy.
Mr. Hannon: We will need to --
Priscilla A. Thompson (City Clerk): So I'm just wanting -- if I may interject. My fault. Patrick
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Range will then move from his servicing on Commission at-large seat to your District 2 appointment, okay.
Vice Chair Sarnoff: Correct. And then --
Ms. Thompson: Thank you.
Vice Chair Sarnoff: -- I'd like to move Mark Walters to an at-large position.
Ms. Thompson: The at-large position -- I'm sorry.
Mr. Hannon: Commissioner -- or Vice Chair, we need to wait before we make the at-large appointments simply because, according to the code, the Virginia Key Beach Park Trust must provide a memo with their nominations --
Commissioner Gort: Yes.
Mr. Hannon: -- for the Commission to confirm, so we'll have to continue those until we get a memo from the Trust. That's per the code.
Chair Suarez: So what are we on right now?
Commissioner Carollo: Waiting.
Mr. Hannon: BC.19.
Chair Suarez: BC.19, okay.
Commissioner Carollo: Okay. So can we move on the others?
Mr. Hannon: No. We can -- you can basically make a motion appointing Mr. Townsend and Mr. Range and then continue the at-large appointments.
Commissioner Carollo: Move it.
Vice Chair Sarnoff: Second.
Chair Suarez: It's been moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
BC.20 RESOLUTION 12-00308 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Enid Lorenzo Chairman Francis Suarez (Term ending 10/25/2012) Ashley Chase Vice Chairman Marc David Sarnoff (Term ending 4/12/2013)
City of Miami Page 159 Printed on 5/7/2012 City Commission Meeting Minutes April 12, 2012
12-00308 WAB CCMemo.pdf 12-00308 WAB Current Board Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
R-12-0164
A motion was made by Commissioner Carollo, seconded by Commissioner Gort, and was passed unanimously, to appoint Ashley Chase as a member of the Waterfront Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ashley Chase as a member of the Waterfront Advisory Board.
Todd Hannon (Assistant City Clerk): BC.20 quires a five-five term waiver so we will need to wait on that. And so -- pardon me?
Chair Suarez: What about -- so you're pretty much -- this -- we've done all we can do on the boards for now?
Mr. Hannon: Yes, sir, at this time.
Chair Suarez: Okay.
[Later...]
Chair Suarez: Are we done with the BCs (Boards and Committees)?
Mr. Hannon: BC.20. BC.20 is the Waterfront Advisory Board and there are two appointments to be made. Chair Suarez, you have --
Chair Suarez: Continue.
Mr. Hannon: It's my understanding that you'll be appointing Enid Lorenzo.
Chair Suarez: Oh, that's right. Yeah, you're right, I am going to be appointing Lorenzo.
Mr. Hannon: And, Vice Chair Sarnoff, you have one appointment.
Vice Chair Sarnoff: Ashley Chase.
Mr. Hannon: Ms. Chase will require a five-five term waiver. Just so you're aware, that needs to be part of motion.
Commissioner Carollo: Move it.
Vice Chair Sarnoff: As stated.
Chair Suarez: Moved by Commissioner Carollo. Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Hannon: And that is the end of your board and committee items.
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Chair Suarez: Thank you, sir.
Mr. Hannon: Thank you.
Chair Suarez: You did a good job.
END OF BOARDS AND COMMITTEES
DISCUSSION ITEMS
DI.1 DISCUSSION ITEM 12-00077 DISCUSSION CONCERNING THE CITY ATTORNEY'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
DEFERRED
Note for the Record: Item DI.1 was deferred to the Commission Meeting scheduled for April 26, 2012.
Chair Suarez: We're going to defer --
Commissioner Gort: Keep praying for us.
Chair Suarez: -- DI.1, right? We're going to (UNINTELLIGIBLE) 'cause Commissioner Spence-Jones has to go, so we're going to defer DI.1, which is a discussion item. And then let's -- we already did --
Commissioner Carollo: (UNINTELLIGIBLE).
Chair Suarez: That's your last one.
Commissioner Carollo: Yeah.
Chair Suarez: Yeah, yeah, yeah. I know, I know. I agree.
Commissioner Gort: Let me get my pocket item.
Commissioner Carollo: We got to discuss (UNINTELLIGIBLE).
Chair Suarez: Oh, okay.
DI.2 DISCUSSION ITEM 12-00297 Department of Human DISCUSSION REGARDING AN ANALYSIS OF ALL THE POSITIONS WITHIN Resources EACH CITY DEPARTMENT TO DETERMINE WHICH POSITIONS SHOULD BE EXCLUDED FROM THE CLASSIFIED SERVICE AND INCLUDED IN THE UNCLASSIFIED SERVICE.
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12-00297 Summary Form.pdf
DISCUSSED
Chair Suarez: D1.2 [sic], you guys ready on that?
Commissioner Carollo: Let's do it. It's just a discussion item, right?
Priscilla A. Thompson (City Clerk): Are we say -- Chair, I'm sorry.
Chair Suarez: Yes.
Ms. Thompson: Are we --
Chair Suarez: Say it.
Ms. Thompson: -- talking about DI.2?
Vice Chair Sarnoff: Yeah.
Chair Suarez: DI.2.
Commissioner Carollo: Yes.
Ms. Thompson: Thank you.
Chair Suarez: Is that what I said? Yeah. I thought I said -- I guess I said D1.2, huh? So I apologize. DI.2, yes. You're recognized, ma'am.
Beverly Pruitt: Beverly Pruitt, Human Resources director. This is in response to the request from Vice Chair Sarnoff that we survey the departments to request from them their recommendations on which positions should be changed from classified to unclassified. So the spread sheet report was included with your --
Commissioner Gort: Spread sheet.
Ms. Pruitt: Packet.
Vice Chair Sarnoff: Did you guys come up with a number on --? I saw --
Ms. Pruitt: Yes, sir. We totaled the column of the number employees affected and it was 143.
Vice Chair Sarnoff: 142.
Ms. Pruitt: Yes, sir.
Vice Chair Sarnoff: Okay. So let me ask you, what do we need -- this is the Administration's survey by department as to what each director thinks they need for unclassified -- am I right -- using the word right -- unclassified positions?
Johnny Martinez (City Manager): Yes.
Vice Chair Sarnoff: And this would -- and obviously we could see from the various departments who they are.
Ms. Pruitt: Um-hum.
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Vice Chair Sarnoff: Mr. Manager, do you support this?
Commissioner Gort: Let --
Vice Chair Sarnoff: No?
Commissioner Gort: Can I give a suggestion, something that I've been reading on this for a while. And I've been trying to talk to people about the -- this problem we have with the different office, and the City already has numerous unclassified. The City needs the process to grieve improvement, action by management, and this is something that I have discussed with the union also. The problem has been not that there is too few unclassified, but that that the line between management and labor has become blurred because most City staff have now become members of the union. This (UNINTELLIGIBLE) union participation has been limited to nonmanagerial confidential positions. This would -- what we could do is the classification of -- what do you call them? -- unclassified should be scaled below 19. In other words, the pay scale of 19 or below, the grade 19 below, and anything above 19 they become -- in other words, one of the reasons that we try to do in the past and we discuss, we like to hire within the City employees. Now what happens is you take a person, you bring it up; this person, because of the experience and the work, they go up and they comes to a position where they become management. When these people become management, they should no longer be classified; they should become unclassified. They cannot -- they will not lose their -- what do you call them -- civil service status 'cause if they taken off management, they can always come back to the civil service. But this is one way that we could take care of this problem without -- the commitment that I made is for us to come up with how many changes we think we can make to make the improvement within the City workers and then sit down with the unions and talk to them and they might agree to a lot of them or to most of them. And then if it doesn't work, we can always take it to the voters or have the Charter changed.
Vice Chair Sarnoff: Well, what is the time frame to go to a Charter change because it's November? It's coming up, is it not? May something.
Ms. Thompson: Yes, it is. The deadline -- if you want to go -- and I apologize. Just one second 'cause I want to give you the exact date. If you want to go with the August primary, that deadline should be May 25. And if you want to go with November, that deadline would be July -- this is what happens when you mature: You lose your memory.
Commissioner Gort: November have to be two month before.
Ms. Thompson: Okay.
Vice Chair Sarnoff: Right.
Ms. Thompson: So it'll be May 25 or July 24.
Vice Chair Sarnoff: July 24?
Ms. Thompson: Yes.
Commissioner Gort: Now, I'd like to suggest any amendment changes that we like to make, my understanding is the County's going to have a lot of amendment changes in August and I hate to get our issues confused with the County issues 'cause right now it -- I can hear a lot of phone calls and people talking about the changing of the -- giving another year. Well, how can we give this Commission another year after they -- all they done? because they're confused. So any change that we would like to do, I think we should take it after November.
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Chair Suarez: Thank you.
Vice Chair Sarnoff: I have no problem with that.
Chair Suarez: And --
Vice Chair Sarnoff: No, I don't have a problem with that, but --
Chair Suarez: What's the -- what was the -- what is it again?
Vice Chair Sarnoff: But is your proposal, Commissioner, that you're going to meet with union and try to get stipulations from them?
Commissioner Gort: Let me tell you what I've done. I've asked department directors to let me know what are the problem having in hiding, what are the problem having -- what changes can we make to make our Administration more efficient, and for them to come up with the answer, tell me, look, this -- we need to have this change within the policy in order to make it more efficient. And I'd like to get all this information, sit down with the unions and discuss it with them. Look, this is what's being suggested. They might agree with us. A lot of steps in here, they're obsolete. They've been there for a long time. They might sit down and says, you're right, let's change it.
Vice Chair Sarnoff: So, if we gave you 60 days, would you be able to come back with an answer as to what they agreed to and what they don't agree to?
Commissioner Gort: Yes.
Vice Chair Sarnoff: Okay.
Commissioner Gort: But I need the information from the department directors; that this is something that I requested two month ago.
Vice Chair Sarnoff: Mr. Manager, I mean, I want to see this thing move, so I'm okay with not having this in August. I see the wisdom to it. But I don't want to find myself 60 days from now and Commissioner Gort saying, I got this two days ago from the Manager and, you know, thanks, but I'm going to need another 30 days. Another 30 days going to go by and we're going to be in the summer, we're going to be in the throes of budget, and we're not going to get anywhere. And I could suggest to you -- well, I'm not going to make that suggestion right now. I'm interested in this. I'm interested in seeing this through. I'm interested in being the only vote, if need be. That's okay with me too. I'm saying I might be the only vote. Who knows.
Commissioner Carollo: Say that again.
Vice Chair Sarnoff: I said I'm interested in seeing this through. I want to see who in this City and what department directors think people should be unclassified. I'm interested in seeing that.
Chair Suarez: Right.
Vice Chair Sarnoff: My understanding is once we come up with that list -- this may not be that list and --
Chair Suarez: I'm interested in seeing that list too.
Vice Chair Sarnoff: Right.
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Chair Suarez: Yeah. No, I think -- look -- and just for historical knowledge, like the Mayor likes to say, if you guys remember, we basically voted down a Charter amendment that would have allowed --
Commissioner Gort: Right.
Chair Suarez: -- the civil service rules to be actually an ordinance. And the thought at the time, I remember, was that there just wasn't -- that's just too -- it's too much, you know what I mean. We need some definition. We need to know -- you know what I mean? They'd rather -- I think the board rather -- at the time rather have something more defined and more clear rather than just giving that blank check, you know. So I mean, that's what I recall. So, yeah. I mean -- I think we need to -- I think we should do something, in fairness.
Vice Chair Sarnoff: So all I'm trying to do is put a deadline on this. I'm asking the Manager to cooperate with Commissioner Gort's office. Whatever meeting needs to take place, whatever document needs to be reviewed, whatever conversation needs to be had, can it be done in the next 29 days so that in 30 days this can come back and, you know, conversation can be had and we can finally get moving on it? That's all.
Chair Suarez: Agreed.
Ms. Thompson: Just -- if I might, Chair?
Chair Suarez: Yes, you may.
Ms. Thompson: To give you further information, because we did receive an e-mail (electronic) from the Supervisor of Election notifying us that for both August and November, the ballots will probably be very, very heavy, so time is of the essence for you to get your items on. And if you submit, there is no guarantee that your item would go on, so they've asked that we prioritize any Charter amendments that we may be trying to send through. So time is of the essence on anything that you want for either August or November.
Commissioner Carollo: Madam City Clerk, but I was under the impression that no matter how many items there are, they would put it 'cause it's still the same election.
Ms. Thompson: No, they do not. They do not. We always let them know as far ahead of time as we can now when we want -- we may be putting an item on or requesting an item to go on. They are limited, with the coding of the ballots, to four pages, two-sided, so that's eight pages of information, okay, so that's what their limit is and that's why they're asking us, because this is a Presidential, the state, and the like that we get our requests in immediately. And if we have multiple Charter amendments, we want to put through to prioritize them.
Commissioner Gort: I started working already in my office, and I met with some of the union members and we'll continue to work as fast as we can and try to bring something back as soon as possible.
Commissioner Carollo: And Mr. Chairman, I see the president of --
Chair Suarez: Yes.
Commissioner Carollo: -- one of the unions and I know --
Chair Suarez: Anthony (UNINTELLIGIBLE).
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Commissioner Carollo: (UNINTELLIGIBLE) this affects --
Commissioner Gort: There's two of them.
Commissioner Carollo: (UNINTELLIGIBLE) AFSCME, so I don't know if he'd like to speak, but if --
Chair Suarez: Yeah.
Commissioner Carollo: -- (UNINTELLIGIBLE) coming up, I --
Chair Suarez: I think that's right. I think Mr. Hatten and then I'd like Mr. Simmons to also chime in 'cause it looks like he wants to say something.
Anthony Hatten: Anthony Hatten, union president, Local 1907, 4011 West Flagler. I'd just like to say the reason we have classified is to have qualified people. They go through an interview process. They have to have the qualifications in order to get the jobs. And I don't want to limit ourselves to, you know, bringing anymore sacred cows in --
Chair Suarez: But don't -- I mean --
Mr. Hatten: -- basically.
Chair Suarez: -- I agree with you, but don't you agree -- and I think you and I have talked about this privately, and I'm not going to put you out on anything.
Mr. Hatten: Okay.
Chair Suarez: But don't you agree that the way that it is right now is not tenable? In other words, it's just not draft (UNINTELLIGIBLE), very old and --
Mr. Hatten: I'm willing --
Chair Suarez: Yeah.
Mr. Hatten: -- to work something out with you guys.
Chair Suarez: Okay, cool.
Mr. Hatten: Okay?
Chair Suarez: Thank you.
Mr. Hatten: All right.
Chair Suarez: So, you know, hopefully the Administration will take the opportunity to meet with them as well and -- Sir, you're recognized.
Joe Simmons: Good afternoon, ladies and gentlemen. Joe Simmons, Jr., president of the sanitation workers union. There was a mention, I think, by Mr. Gort: anyone at pay grade 19 or higher. We have roughly 80 percent of our population above that, that pay grade, from 19 to 22. You made a statement. You said that --
Commissioner Gort: From 19 to 22, you're --
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Mr. Simmons: No, you said 19 or above.
Commissioner Gort: Yes.
Mr. Simmons: And that would be most of our people. Pay scale 19 --
Commissioner Gort: That was not my understanding.
Mr. Simmons: Okay, okay.
Commissioner Gort: We might have gotten the wrong information, but that's not my understanding. My understanding is, if the person comes into management --
Mr. Simmons: Okay.
Commissioner Gort: -- confidential management --
Mr. Simmons: Okay, okay.
Commissioner Gort: -- it's no longer can --
Mr. Simmons: Okay.
Commissioner Gort: -- can deal with the unions --
Mr. Simmons: Okay.
Commissioner Gort: -- but he's got -- he doesn't lose his civil service right.
Mr. Simmons: Right.
Commissioner Gort: He can always be rolled back to his civil service right.
Mr. Simmons: So you're talking specifically a carve-out of individuals that have specific managerial responsibilities or authority?
Commissioner Gort: Right.
Mr. Simmons: Okay. I'm in operations so I'm not even up there.
Commissioner Gort: Okay.
Mr. Simmons: Thank you, sir.
Chair Suarez: Thank you. Okay, so that's -- that solves that one.
END OF DISCUSSION ITEMS
MAYOR AND COMMISSIONERS' ITEMS CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
M.1 DISCUSSION ITEM
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12-00361 DISCUSSION ABOUT THE STATUS AND POSSIBLE SETTLEMENT OF A 1994 SUIT RELATED TO THE POLICE DEPARTMENT. 12-00361 Email - Status & Possible Settlement.pdf
DEFERRED
Note for the Record: Item M.1 was deferred to the Commission Meeting scheduled for April 26, 2012.
Chair Suarez: Let's try to see if we can do then D1.2. In other words, discuss item number two, which is a perform analysis positions within each City department. That's a D2 so I think that may be an Administration item. I know the Mayor has a clean-up matter. I know the Mayor does not intend to bring his discussion in this Commission meeting. Does he want to bring it at a later Commission meeting?
Johnny Martinez (City Manager): He told me he wanted to defer it yesterday.
Chair Suarez: Okay. So is there a motion to defer -- do we have to defer the Mayor's discussion item to bring --
Commissioner Gort: Move it.
Chair Suarez: -- it back on the next Commission meeting? No. She says no.
Vice Chair Sarnoff: When do we have to vote on this by?
Chair Suarez: For discussion items? I don't know. Good question.
Vice Chair Sarnoff: No, no, no, no. Isn't this one -- isn't this part of a charter amendment, D1?
Chair Suarez: No, no, we're not on D1.
Vice Chair Sarnoff: Oh, I'm sorry.
Chair Suarez: No, I don't want to have --
Vice Chair Sarnoff: I thought that's what you were deferring.
Chair Suarez: No. We're deferring D1.2.
Vice Chair Sarnoff: Okay.
Commissioner Carollo: We're deferring D1.2 [sic].
Chair Suarez: No, no, I'm sorry. My apologies. We're deferring M.1.
Mr. Martinez: 1.
Commissioner Carollo: M.1.
Vice Chair Sarnoff: Oh.
Chair Suarez: And there's no motion needed, correct? Is that what you just said?
Priscilla A. Thompson (City Clerk): That's correct.
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Chair Suarez: Okay.
Ms. Thompson: Because it's a discussion item. It's not a resolution.
Chair Suarez: Got it.
Ms. Thompson: It's not an ordinance or anything like that.
Chair Suarez: But you'll put it back on the agenda in the next Commission meeting?
Ms. Thompson: Yes.
Chair Suarez: Okay, cool.
M.2 RESOLUTION 11-00878 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ON BEHALF OF THE CITY OF MIAMI WITH THE TOWN OF CUTLER BAY, THE VILLAGE OF PALMETTO BAY, THE VILLAGE OF PINECREST, THE CITY OF SOUTH MIAMI, AND THE TOWN OF MIAMI SHORES, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE ESTABLISHMENT OF THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT. 11-00878 Legislation (Version 2).pdf 11-00878 Exhibit 1 04/12/12.pdf
Motion by Vice Chair Sarnoff, seconded by Chair Suarez, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner(s) Sarnoff and Suarez Noes: 3 - Commissioner(s) Gort, Carollo and Spence-Jones
R-12-0167
(M.2) RESOLUTION 11-00878 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ON BEHALF OF THE CITY OF MIAMI WITH THE TOWN OF CUTLER BAY, THE VILLAGE OF PALMETTO BAY, THE VILLAGE OF PINECREST, THE CITY OF SOUTH MIAMI, AND THE TOWN OF MIAMI SHORES, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE ESTABLISHMENT OF THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT. 11-00878 Legislation (Version 2).pdf 11-00878 Exhibit 1 04/12/12.pdf
Motion by Commissioner Gort, seconded by Chair Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence-Jones
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R-12-0167
Chair Suarez: Do you want to go back to SR.2 before going to --? SR.2 is the metallic coverings, or do you want to do PACE (Property Assessment Clean Energy) 'cause that's what we had a time certain for? They've been waiting for a while. Okay, let's go with PACE, Mayor's item number two. And I -- and let me tell you -- let me just say a couple things. First, I want to recognize the Mayor of Cutler Bay, Ed MacDougall, who's here in the audience with us today. Thank you for coming, Mayor. And thank you all for being patient. I know we had a -- I think it was an 11 o'clock time certain, then it was a 3:30 time certain, and sometimes things like that happen, and I very much appreciate your patience. So without further ado, Mr. Manager, take it away. This is PACE, Mayor's item number two.
Commissioner Spence-Jones: The Mayor should be in here, though.
Johnny Martinez (City Manager): Yeah, he's here. Right there.
Commissioner Spence-Jones: He needs to be in here.
Chair Suarez: Mr. Mayor, we need you. PACE --
Mr. Martinez: PACE --
Chair Suarez: -- Mayor's item number 2.
Mayor Tomás Regalado: I got to get my glasses. Thank you, Mr. Chairman, and thank you, Commissioners. I guess that this is a very familiar item. This is an interlocal agreement among the City of Miami, the Town of Cutler Bay, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, and Miami Shores Village in what is known as the Green Corridor. The purpose of this item is to create an interlocal agreement that creates the Green Corridor district, which is a separate legal entity of the Florida law. This was approved by the state Legislature. And this is a voluntary program and the financing is secured by non-ad valorem special assessment. You all know that. The important thing is that throughout the past month, as the request of -- as per request of the Commission, this has come back to the City Attorney, to the Administration, to the new chief financial officer. And the highlights of this is -- the things that were of concern were that the district will be operated at no cost to the City. All operational costs, project management, marketing will be paid by for the third party administrator. The district, and not the City, will be responsible for signing the financing agreements and levying and collecting the special assessment for each property. Foremost and more important, one of the concerns that the Administration had and that you all had is that the third party administrator has agreed to indemnify the district and cities against all liability associated with the district. And this program is, I guess, a good program to save money to property owners in the City of Miami. And the City staff has worked for many, many, many --
Chair Suarez: Months.
Mayor Regalado: -- month, I will say, to resolve all the questions that were raised by the City Commission. I will defer to the City Manager and the CFO (Chief Financial Officer) for more information. And I think that you will hear that most of, if not all, the issues that were raised by the City Commission have been at least discussed and addressed. Thank you.
Mr. Martinez: Thank you, Mr. Mayor. First, I just want to go back and remind everyone what PACE stands for, because I've been working at this so long that I actually forgot what the acronym was for, and it's for Property Assessed Clean Energy, and that's what PACE stands for. Needless to say, we paced ourself on this. It's been deferred many, many times because we had some concerns. We weren't fully knowledgeable of the impacts of this to the City or our citizens.
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Our CFO looked at this very closely, Lillian looked at this very closely, and our attorney's office looked at it very closely, and every iteration of the PACE program we analyzed and we reduced it to a point where we felt that the benefits more than outweigh the possible risks that could be out there. At the end of the day, looking at it from 30,000 feet, you know, you say to yourself, it's going to create local jobs, 2,000 -- you know, the estimate is 2,500, 2,600 jobs. I don't know that to be true, but it creates jobs. It influx our economy with at least, they say, $170 million worth of projects, which translates into contractors and spending more money in other places, so it has a general roundabout effect of helping the economy. It gives the property owner an option on how to finance improvements, like HA -- heating, ventilation, air conditioning systems, solar panels, impact-resistant windows, and other energy-saving improvements, which those energy savings can go toward the non-ad valorem assessment that's going to be attached to the property. Some people will say, well, what's the difference between this and getting a loan with a Home Depot card or your credit card and that type of thing? Well, if a property owner goes to -- and puts it on his credit card or gets a loan, he's responsible for that loan, you know, till it's paid off. In this type of arrangement between the PACE program and the property owner, the loan runs with the property. So I think it's a win/win situation for the property owner and the City as far as reducing the carbon footprint.
Chair Suarez: Thank you. Coming back to this Commission, is there a motion?
Commissioner Spence-Jones: I got a lot of questions. Can I --?
Chair Suarez: is there -- are you moving it or just -- you want to --
Commissioner Spence-Jones: No. There's no motion until I -- can I ask some questions?
Chair Suarez: Sure, you can ask as many questions as you like.
Commissioner Spence-Jones: Okay. Well, first of all, I know -- Commissioner Gort, do you have some things you want to go through first? I'll defer to you. No, you go, you go. I'm --
Chair Suarez: Okay, go, Commissioner.
Commissioner Spence-Jones: Okay.
Chair Suarez: Let's get this going.
Commissioner Spence-Jones: Okay, no problem. I only had a few questions. I want to thank, first of all, our CFO, you know, for really looking at this agreement, you know, dragging it through the mud, trying to do as much as we could to remove any true real risk factors that the City would have for that, so I want to commend her for that, you know. And Mr. Manager, the same thing to you because, you know, you also wanted to really make sure that whatever situation from this partnership we found ourself in, that we, you know, would not hurt any other residents and the business owners of the City, so I want to thank you guys. And Lillian, I know you made -- you're the Green Queen, so I know that you worked tirelessly to get this done, and I know a lot of the questions and concerns I know that I had, you guys have somewhat addressed them. I just want to be clear for those individuals -- and I've known Steve for a very long time, and I know that he's a good person, and I know that, you know, his main focus, you know, is to try to, you know, make, you know, the situation better for residents, so I don't ever want that to be questioned as to whether or not me not supporting what you guys are doing. My concern was -- some of the answers to certain key questions, I wasn't getting the answers so, so I've got more answers on them, but I still have a few more, okay. I think the City Manager kind of resolved one of the major ones for me a couple days ago -- yesterday that I feel good about and I guess we'll bring it up. But I do want these particular things to be put on the record, so who's -- somebody's going to come to the mike or --? And this is really, more or less, let's say, financing questions so
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maybe this is -- I'm -- yeah, they're financing questions. Well, they can go on that side and you can come here, okay. All right, so my first question: Has the Administration reviewed any financing documents with the terms and conditions to be imposed on property owners under this program?
Janice Larned: Janice Larned, assistant City Manager, chief financial officer. No, ma'am, we have not.
Commissioner Spence-Jones: Okay. So that is -- as -- that's a huge concern for me because we would kind of at least want to know what the business owners, correct, or residents -- what the document would look like, correct?
Ms. Larned: As the City is not going to be signing those documents --
Commissioner Spence-Jones: Yes.
Ms. Larned: -- that would be left up to the property owner. No, the City would have no interest in what those documents would look like.
Commissioner Spence-Jones: But if it's a financing document that even though we're not physically going into the agreement, ultimately we are part of the district, and that may not be -- maybe it's not to be addressed with you. Maybe it is to be addressed with them. Are you guys able to provide us with a copy of the financing documents? Because I know I got one real estate person up here -- at least two, two real estate people up here. Do you have at least a sample of what these real estate -- the real estate document would look like or feel like or --?
Dan Schaefer: Dan Schaefer, with Ygreen Energy Fund, Tampa, Florida. Thank you for having us today. Prior to launching the agreement, all of the documents will be approved by the district board, which would include the financing agreement, and the City of Miami would be part of the district board.
Commissioner Spence-Jones: Okay. So at this point there's no financing documents now. Is that what you're saying?
Mr. Schaefer: Upon forming the district, which requires the initial meeting --
Commissioner Spence-Jones: Yes.
Mr. Schaefer: -- and we were waiting until today to make a decision as the when to have that meeting, then those documents would -- that document, in addition to the other documents, would be reviewed by the board prior to launching the program.
Commissioner Spence-Jones: And that's the district board, right?
Mr. Schaefer: Correct.
Commissioner Spence-Jones: Okay. So Madam City Attorney, this is my only question that I have on that particular item. I only have a few more after this. Is there any way, you know, if we vote and approve and support this issue, okay -- I'm not saying they're going to do that, but if we do, is there any way that we can at least have them commit that the financing document that the district approves at least the City of Miami board has the ability to, you know, support, amend, make suggestions, recommenda -- is there any way within this document that we can say that it needs to be approved by the City Commission?
Julie O. Bru (City Attorney): The way the interlocal is drafted, once the district is created, that
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is a separate legal entity, and it will answer to a separate board that will be established pursuant to the interlocal agreement. The City will be represented because there will be a board member that will represent the jurisdiction of the City, not necessarily the City Commission, but you know, you can always monitor that by the representation on the board, and when the board obtains a copy of the financing documents for that board to approve, you know, the City could be monitoring the situation and convey its objections or --
Commissioner Spence-Jones: Now, who is the point --
Ms. Bru: -- suggestions.
Commissioner Spence-Jones: -- who would be the appointee to the district? That would be the question.
Ms. Bru. Okay. If you want to expand on that, the way that it's provided for in the interlocal is --
Commissioner Spence-Jones: Is our CFO going to be sitting on that district?
Ms. Bru: No, no.
Commissioner Spence-Jones: So who is the person?
Vice Chair Sarnoff: It's Suarez, isn't it?
Commissioner Spence-Jones: It seems like it should be a financial-some person. Okay, while you guys looking for that, that is concern for me. That is definitely a concern for me 'cause I do not want us to be in a situation where, you know, we're supporting something, our logo's on it, and next thing we know, we have this financing document that strangles the property owner and, quite frankly, we really only have one voice out of the, how many people, five people sitting on this district -- in this district and that puts us really, I say, at a disadvantage. So that was my first question. I really feel like we need to have a clearer understanding of that financing document before, clearly, I give me support one way or the other. But that was the first one. Right now I just want to be clear that you said that we don't have that information now, but you will have it once the district is formed, correct?
Estrella Sabilia: That's correct. If I may, Estrella Sabilia, law offices at 2525 Ponce De Leon Boulevard. I'm representing the Town of Cutler Bay as their attorney. Under Section 6 of the interlocal agreement, it talks about the governing board of the district, and it reads that the district shall be governed by a governing board of the district, which shall be comprised of current elected officials of the parties to this interlocal agreement and one at-large member, which means that one of the our elected officials, one of you five sitting here, would be the member representing the district at the district board level, so you'd have the ability to review those finance documents and make sure that they're to your liking and have an influence on that vote as part of the member of the district.
Commissioner Spence-Jones: Okay. Can I ask you something, Ygreen? You guys have done this other places, right?
Ms. Sabilia: I represent the Town of Cutler Bay. They're our program administrator for the PACE district --
Commissioner Spence-Jones: I got you.
Ms. Sabilia: -- so I'll defer to him on that.
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Commissioner Spence-Jones: Okay. But you guys have done this other places, right?
Mr. Schaefer: We have programs launching in California and of course here and currently in Atlanta.
Commissioner Spence-Jones: So my question would be, you should already have financing documents that would be almost like templates, right?
Mr. Schaefer: Well, yes, of course. In the -- yes, we do have the financing documents, and a part of the program launch is the board's review and approval of all the documents.
Commissioner Spence-Jones: Okay.
Mr. Schaefer: So that's --
Commissioner Spence-Jones: I just -- I'm just making --
Mr. Schaefer: We're in the last phase, and also then these documents, in part, go into what's called the Judicial Validation --
Commissioner Spence-Jones: Right.
Mr. Schaefer: -- which is a procedure we'll go through to validate them legally in the state of Florida.
Commissioner Spence-Jones: Okay. I'm just making a suggestion. I think it's important for -- even though we know that the board is going to vote or not -- I don't want to beat a dead horse on this -- going to vote and approval on it anyway, the district will, but the reality is, I think that there should be some sense of an idea if we've done this before so -- what that financing document looks like. I'm going to move off of that 'cause I want to give my other colleagues an opportunity, but I -- for me that raises some level of concern on that.
Mr. Schaefer: Like I said, the documents absolutely exist. The law firm, Weiss Serota, has been working on them. And once again, they will go to the district board for approval.
Commissioner Spence-Jones: Okay, so let me move to the next one. Will the -- I guess this another CO -- CFO question or maybe perhaps you. Will the changing marketplace condition alter the financing terms and conditions on what was -- what is presented here today on our vote? So would the market, the change of market, you know, based upon what you guys have already presented to the Commission for us to, you know, vote and approval on today, will that have any significant changes at all?
Ms. Larned: Again, not to the City. The interest rate that will be charged to the property owner --
Commissioner Spence-Jones: Yeah, I know the property owner, clearly. But we know that the City -- I understand the City's not in it, but we are putting our residents or our potential business owners in it, and my question really is, you know, will the interest rate on any of this affect our property owners? Will something change based upon what is being presented in this overall resolution?
Ms. Larned: Once the property owner signs the application and it's approved, the interest rate is set. Up until that time, they can anticipate that the interest rate will be a certain amount. But until they've signed the dotted line, completed the transaction, that remains subject to market
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conditions. Once it's signed, it's set.
Commissioner Spence-Jones: Okay. So basically, the answer is that it will change? There's a possibility for it to change? Yeah. I mean, the --
Ms. Larned: Up until --
Commissioner Spence-Jones: -- market could change.
Ms. Larned: Correct.
Commissioner Spence-Jones: Okay, just want to make sure. And then there was -- the biggest stickler I believe we had in our discussion -- and my chief of staff really went through this document, and I know that the PACE folks really feel as though we might have been a little heavy-handed on it. But again, as I stated, I'm very concerned that -- you know, we, as elected body, people put us in these positions to make sure that we protect them. And if we don't ask all the important questions and when they see our logo attached to anything, all five cities or whatever, it's almost like we're saying that this particular partnership or arrangement or agreement, we feel like it's the right thing for them to do. And one of the concerns I had on that is the potential of predatory lending, okay, and you and I talked about that. What happens if a lady 80 years old, somebody knocks on her door, sends her a beautiful flyer and says, you know, hey, I can save you $200 on your light bill. All you have to do is sign up on this -- sign up in this program, you know, and you could save $200 per month. Well, we already see what's happening with mortgages with our seniors, correct, and you and I had this discussion, and that I was very concerned with how do we manage that process to make sure it doesn't get out of the wrong hands and we find ourself in that same situation, correct?
Ms. Larned: Correct.
Commissioner Spence-Jones: Right. So I think the way that -- and the reason why this all came up was because of the issue of the Freddie Mac and Fannie Mae issue and how this particular program -- there were a lot of questions, even concerns, around the liens and all of the issues concerning this program particular, correct?
Ms. Larned: Yes, ma'am.
Commissioner Spence-Jones: All right. So, Mr. Manager, I just want to be clear from everybody that's involved in this, and I want you guys to officially put it on the record. Does this mean that a property owner who participates in this program will experience difficulties in obtaining loans on their properties? So let's say they get involved in this program, this 70-, 80-year-old woman, for whatever reason -- no, no. Let's say it's a new family, a young family, okay, that may be having -- you know, participates in the program 'cause they want to reduce money -- I mean, reduce the amount of money they spend out. Will this affect them in any way with getting a -- another loan or anything of that sort? Could this affect them?
Ms. Larned: Yes.
Commissioner Spence-Jones: Oh, it could?
Ms. Larned: Sure, because it would be a lien against the property. And if they are wishing to go through, say, a refinance on their mortgage --
Commissioner Spence-Jones: Yes.
Ms. Larned: -- then the lender's going to look at any and all obligation; this would be one of
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those obligations, so it would be taken into consideration.
Commissioner Spence-Jones: Okay. So -- right? So, again, this is something that could potentially hurt a residential person that may want to go out and do something else because they have that sitting there as well, correct?
Ms. Larned: I think the operative word in the question was hurt, and that is not a position that I can respond to; only the lender at the time who's evaluating the credit-worthiness of the entire application can determine whether or not it falls within their guidelines or within their credit scoring, if you will. So I can't respond --
Commissioner Spence-Jones: Right.
Ms. Larned: -- to it because of the word hurt.
Commissioner Spence-Jones: And that just leads me to this one, and this is what we talked about, and hopefully we're going to be able to resolve this 'cause my amendment to this issue would be, you know, because this -- we're really shaky on this residential issue, I would feel a lot more comfortable if this only included commercial, and based upon what my briefing was with the City Manager yesterday, you know, commercial is a whole nother thing, you know. I have a business. I bought a building. It's a business, you know, obligation. I think that we're being responsible leaders by not putting our residents in harm's way and open up -- opening up a door for them potentially to have some sort of predatory lending kind of issue. So I would be fine if we were able to amend it to only include commercial properties. And then -- I'm almost done, almost done -- Ygreen, my other question was if we're talking about commercial properties, my question was can a church take advantage of this particular program? Can they participate? You know, even though they're tax exempt, are they -- and special assessments don't apply to them. But we do have some churches that not only have, what do you call it, sanctuaries but they also have buildings and they have programs and they have, you know, real estate property as well. So my question becomes can they apply for this as well? Can they participate as well?
Mr. Schaefer: Well, any property that can opt into a financing agreement under the program is able to participate. That doesn't necessarily establish that they meet the underwriting standards that we have to set forth under the state law.
Commissioner Spence-Jones: Right.
Mr. Schaefer: But, yes, for all --
Commissioner Spence-Jones: But because --
Mr. Schaefer: -- intents and purposes, they should be able to participate if they can repay a financing agreement as collected by the County.
Commissioner Spence-Jones: All right, so -- but because they're tax exempt and they have a special -- this special assessment liens don't really apply, does that matter at all in this? Because you're not going to be able to assess them.
Mr. Schaefer: Well, if they don't --
Commissioner Spence-Jones: So the answer is really no on the churches.
Mr. Schaefer: If they don't receive a tax bill, no.
Commissioner Spence-Jones: Okay, so let's -- so I want to be clear. All right. Guys, I'm almost
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done. These are all the questions I have. You talked earlier, Mr. Manager, about the local construction jobs and what the duration of these jobs. What is actually the duration of the jobs? Because you did -- you guys did have a couple of construction companies call our office saying, Commissioner, we think this is something that we would like to participate in. But as they dug deeper in this issue, they realized that these jobs are really only for the initial set-up period. After the installation is completed, that is really it. Is that correct? Is there like a maintenance piece added to it or not --? No, once you install it for twenty grand, then you're out -- that maintenance company -- I mean, that construction-based company is out of there, correct?
Mr. Schaefer: Well, certainly, it depends on the terms of agreement, but generally, yes. But what we are finding as we really work throughout the country, this is a survival opportunity for these construction companies, and the problem today is those $20,000 jobs aren't happening and this type of program allows them to happen, which is really the key.
Commissioner Spence-Jones: Right. I think that, on my end, that's a really shaky answer, but it's okay. I'm just concerned about the jobs element. In speaking to a lot of these subcon -- smaller subcontractors, a lot of them basically kind of communicated, yeah, it'll give us job, but it's not sustainable jobs. And there was a lot of issues even around what you actually earn to actually do these houses. So whether or not even the benefits of really utilizing the jobs as a means of supporting it, really, for me, kind of weakened it, but I wanted to ask the question 'cause I have a responsibility to my constituents to do that.
Mr. Schaefer: Well, it's our belief it'll be a very successful program, and the contractors who participate will be able to determine if it's a good business decision for them.
Commissioner Spence-Jones: Okay. Will the City of Miami logo be used in all marketing materials?
Mr. Schaefer: Pardon me. The City of Miami local?
Commissioner Spence-Jones: Logo.
Commissioner Gort: Logo.
Mr. Schaefer: Logo.
Commissioner Spence-Jones: Will it be used in all marketing materials?
Mr. Schaefer: Well, that's a -- you know, that would be a program implementation decision, and if we are allowed to use the logo, we do. That's an excellent way to set up the program. Right now we're talking about a web portal called Clean Energy Miami
Commissioner Spence-Jones: Yes.
Mr. Schaefer: And then in that web portal, any asset that we're allowed to use by the City that would help enhance the program in its benefits, anything we're allowed to use we would use.
Chair Suarez: Why don't you buy a dot Miami domain name --
Ms. Larned: There you go.
Chair Suarez: -- once we have the links?
Ms. Larned: There you go.
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Chair Suarez: Go ahead.
Commissioner Spence-Jones: I'm just going to say, I just think that we have to be very conscience and cautious when we start talking about -- even though we're not ultimately responsible for this district, there is a group -- there's a district that's put in place that will govern this process, the City of Miami residents, they don't know the difference between the district that you're creating, okay, and the City of Miami; and if they see something that arrives to their house with our logos on it, the automatically -- automatic assumption is that if my City's doing it, if my City's sending it, it must be good. I mean, on the district, I think that if you create a logo for the district, that's all good. I think that when you start talking about utilizing the City's logo, which we all represent up here, I think that we need to definitely -- my amendment would be that the City of Miami's logo should not be used on any marketing materials because at the end of the day, that's automatically putting us in the middle of it. And just as our CFO stated earlier that it is really the district and not really us, I think that we need to keep the two things separate. So I want to make sure that we amend that the City of Miami logo cannot be used on any of the marketing materials. Whatever you guys create as a district, I'm cool with that. And then closing, my last question was around the financing agreement. You know, we got into this tit for tat, the Manager and I, on -- and Neil on this whole issue. What happens if he or she decides they want to cancel this agreement? What cost would the property owners be responsible for? So let's say I'm in the middle of getting this thing started and all of a sudden, you know, I'm on the road to get this -- get, you know, financing to do this and I decided I don't want to do this, okay, what cost would the property owners be responsible for?
Mr. Schaefer: Fifty dollars.
Commissioner Spence-Jones: Only $50?
Mr. Schaefer: Well, I mean, the process is once you sign the finance agreement, you've -- prior to that, you've signed an agreement to do a project with a contractor. You've maybe had bids from three or four contractors and very committed to the project, and most of the fees that are associated with program come at the end using the permitting fees, recording fees, all of those types of fees, and we are --
Commissioner Spence-Jones: So no legal fees? No other fees at all?
Mr. Schaefer: No. You --
Commissioner Spence-Jones: So -- 'cause you -- you know you're putting this on the record?
Mr. Schaefer: I understand.
Commissioner Spence-Jones: You're putting -- it's okay. I just want to make sure. You're putting on the record that if somebody decides to cancel in the midst, that they would have no other fees but $50.
Mr. Schaefer: Those fees are paid at the end by the program, including the cost recovery fee for the jurisdiction, which is $100 of the fees, so yes, that's the design of the program. By the time they're committed to doing the finance agreement, they've already got an approved project under the program so they're definitely committed in a signed agreement with a contractor to do so.
Commissioner Spence-Jones: Okay. Did we ever find out in our -- from our last meeting the City of Coral Gables -- why the City of Coral Gables decided to opt out? Madam CFO, did you get a chance to speak to them at all?
Ms. Larned: Yes, I did. First, I spoke with the City Manager and then I spoke with their Finance
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director. Actually, the Finance director and I exchanged e-mail (electronic).
Commissioner Spence-Jones: I can't really hear you.
Commissioner Gort: Got to speak into --
Ms. Larned: Sorry. Gosh, that's the first time anybody's told me --
Commissioner Gort: You have the same problem I have; very soft voice. Yeah.
Ms. Larned: -- I'm talking soft. Thank you.
Commissioner Spence-Jones: Because that was one of the points I made in the last meeting. Remember I said --
Ms. Larned: Yes.
Commissioner Spence-Jones: -- you know, considering all the cities that are involved in this issue, we are probably the biggest City, okay, involved in this whole thing, and I asked the question was there another city at the table on this and --
Ms. Larned: Correct.
Commissioner Spence-Jones: -- it was communicated yes, Coral Gables was involved, but they decided to pull back on it. And I said, okay, staff, do the research; let's find out why they decided to pull back. I mean, I think that, you know, for the most part, Coral Gables has been doing a pretty good job with managing and handling their city; why did they back out? And what was the response to that?
Ms. Larned: They're not really backed out. They're holding it in abeyance, if you will. We have had conversations first with the City Manager and then with their director of Finance. Essentially the same concerns we had with liability, they had. It's my understanding -- I have not had this confirmed -- but it's my understanding they're waiting to see what the City of Miami does before they decide whether to move forward.
Commissioner Spence-Jones: Okay. So in other words, they want to see how it goes with us first before they decide to jump in this pot?
Ms. Larned: Again, I can't speak for them, but I would say that I would --
Commissioner Spence-Jones: They had the same concerns?
Ms. Larned: They had the same concerns, yes.
Commissioner Spence-Jones: Okay. And --
Mr. Schaefer: May I add to that, please?
Commissioner Spence-Jones: Sure.
Mr. Schaefer: Yeah. We also met with them and their primary issue was architectural and the permitting process so that's really --
Commissioner Spence-Jones: Is that what you got out of it, Madam CFO?
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Ms. Larned: No. I would say that, again, what they had said to me, they were concerned about the financing agreement. They were concerned about the special assessment. I have not heard anything from them since that point in time. If there have been subsequent conversations, I have not been a party to that.
Commissioner Spence-Jones: All right. And let me just say this, I'm not trying to put you on the spot --
Ms. Larned: Oh, no.
Commissioner Spence-Jones: -- okay. And I do understand the tough position that you're placed in and City employees are placed in. My concern is it really drives me absolute -- I'm going to be nice today. I've been very nice and calm today. But I am going to say that it drives me absolutely nuts when I see our City employees dragged, you know -- I'm not going to say through the mud -- but dragged, you know, on issues and projects and programs that they may not necessarily, you know, agree with, for whatever reason. I'm not saying that that's the case with you, but you have concerns with. And the whole purpose of us hiring people that are qualified like you is to be able to trust your opinion. That's why we wanted a CFO, you know. And I'm not going to sit up here and know that there are some concerns and challenges about a program and not put it out there because to me, that makes it a part of the problem and not a part of solution, and quite frankly, every single last one of us sitting up here may be gone five years from now. I don't want to be in a situation and I don't want to leave behind a mess, for whatever reason, for the person that has to sit in the D5 seat; can't speak for the other seats. If they want to leave a mess, for whatever reason, they can. But people elected me to ask the right questions. And when I can't get a straight answer and I get a hem, I get a huh, I get I don't really know, you know -- that's what we hire you guys to do, you know. So I'm saying this to, you know, the Manager. I'm saying this to staff. I'm saying this to the Mayor. I'm saying it to whoever thinks of these wonderful bright projects, which we think they're wonderful, bright ideas -- and I do understand there's going to be some arguments perhaps on the dais that, you know, it's the property owner's choice, it's his decision; we're not telling them what to do, but we can think of three or four things, you know, in City's history was it -- where it was their choice and we find ourself in a situation that we're digging ourselves out of now because we didn't ask all the right questions or because, for whatever reason, this particular project was important to a few. So I've said my part. The only thing that I would want to have in here is the amendments, and I hope you got the amendments, Mr. Manager. As far as I'm concerned from the D5 standpoint, I would like to at least see that it only be commercial properties and not residential, if that is going to be an accepted amendment. I think that if a resident wants to upgrade their home and make it more energy efficient, they have the right and ability to go to any bank and get a $20,000 loan to do it. They didn't have to be a part of a district to make that happen. They don't have to be misled in any way to think the City is offering a new program when, quite frankly, Florida Power & Light offers it, for the most part, for free, okay. So -- but that's neither here nor there. I am putting my amendment in, and my amendment is to make sure that it is commercial property, okay. My other part of this amendment is that I want -- if there is any (UNINTELLIGIBLE) where the logo's in there, City of Miami logo can't be associated with it at all, okay. And then the other thing that I think I mentioned -- was it another? Was it a number three?
Chair Suarez: No. I think -- I thought there was only two, but I don't know if there was --
Commissioner Spence-Jones: Okay. I feel like I'm on a roll, but right now those are the two that I do know I got a issue with. And with that being said, I will shut my mouth and hear my colleagues.
Chair Suarez: Can I make a modification to one of your amendments?
Commissioner Spence-Jones: Yeah.
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Chair Suarez: Okay. It's, you know, simply that we limit -- not limit -- that we bring it back within a certain period of time to analyze the program to see if it should be used for residential properties as well. In other words, six months, you know, whatever -- whatever time period you think is sufficient for us to get a track record as to how the program is being used, and then you can come back and say, you know, we want to expand it to residential. Can we put a time frame on that?
Commissioner Spence-Jones: Absolutely. With the conditions -- I love that idea. So if we give them, what, a year to come back, not to only look at that, but to also revise anything in this particular agreement that may be a problem for the City of Miami residents. So as long as we can come back and open it up, I'm more than happy with that. That's great.
Chair Suarez: Okay.
Commissioner Spence-Jones: Awesome idea. But right now my suggestion is that it would only be commercial and that we look at it a year later.
Chair Suarez: Commissioner --
Commissioner Spence-Jones: Supporting you.
Chair Suarez: -- Sarnoff -- Vice Chair Sarnoff -- well, first of all, is there -- do you want us to take a motion on this? Is there a motion? There's not a motion.
Commissioner Carollo: Make a motion, Commissioner Spence-Jones.
Chair Suarez: As amended, yeah, 'cause you have your two amendments. Do you want to make a motion, as amended?
Commissioner Spence-Jones: I'm not making a motion.
Chair Suarez: Okay.
Commissioner Spence-Jones: I'm not making a motion. I'm just telling you what I want to see in it.
Vice Chair Sarnoff: I'd like to make a motion --
Chair Suarez: Thank you.
Vice Chair Sarnoff: -- as stated, and let me tell you why.
Commissioner Carollo: And I'll -- hold on. When you say as stated, as stated with amendments?
Vice Chair Sarnoff: No, not with the amendments.
Ms. Thompson: As --
Chair Suarez: Okay, there's a motion by the Vice Chair. Is there a second? I will second the motion for discussion. I got to pass the gavel.
Commissioner Carollo: He's got the gavel.
Vice Chair Sarnoff: Right here. Well --
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Chair Suarez: Can you make the motion then?
Vice Chair Sarnoff: I don't know. I had it. You handed it to me. I handed it back to you.
Chair Suarez: Well, yeah, I got it.
Vice Chair Sarnoff: There you go.
Chair Suarez: I (UNINTELLIGIBLE).
Vice Chair Sarnoff: Right.
Chair Suarez: I second it for discussion.
Vice Chair Sarnoff: Let -- you know, ask yourself what is it that we're really doing here. What is our goal? What is the endgame here? And some of you, and I suspect based on some politics maybe, may not believe there's global warming going on. I happen to believe there is global warming. I also happen to believe man is a big product and reason for that global warning . Yes, I guess I drank the Kool-Aid that Al Gore gave us and I really do believe this. And coincidentally, this past year was the hottest year on record in the United States. Mere coincidence? I don't know. Past ten years, seven of them have been near-record hot years. Coincidence? I don't know. But you all know what I say about Pascalian wages. Everybody knows Pascal, that famous French philosopher who said, well, I don't know if there is a god, but for one day a week, for one hour a day, I can go to church. If I'm wrong, I only wasted one hour. And if I was right, it's every lasting salvation. So I've always taken Pascalian wagers when it comes to is there really global warming. Can I drive a hybrid? I do. Can I ask my wife to drive a hybrid? And she hated it at first; now she loves it. She does. So I emit 30 percent less greenhouse gas emissions every time I put myself behind a car. Is it onerous? Is it horrible? No. I love it, but others may not. This is -- this particular program, promoted by the president of United States, is a program that is geared towards creating green efficiency by giving everyone an opportunity, in a very no-must, no-fuss way, of giving them products, whether it's windows, whether it's a new HVAC (Heating, Ventilation and Air-Conditioning) air conditioner system, whether it's what I'm going to do by the way when this passes, which is put solar panels on my house at an interest rate that I find palatable, which is 7 percent. Now, could I turn around and refinance my house if I chose to? I could, but I choose not to. Why? Because this simply goes in my property tax bill. My savings are realized by hot water heater, a more energy-efficient air conditioner system, and windows which I already have. So this provides -- the end goal of this is really an 11 percent reduction in greenhouse gas. That is the national basis upon which these local programs are promulgated. Again, you have to believe man creates greenhouse gas. Scientific evidence, 98 percent of it, would absolutely agree with that. Yet, there are some 2 percenters that think, nah, I don't think man does it. So I couldn't convince a 2 percenter with the next 35,000 words I have, and I won't be that long, Mr. Chair. But the point of this program is about greenhouse gas. What's the secondary reason for this program? Jobs. Those people that are going to go out to the homes and install those particular vendings, if you will, whether it's air conditioner or whether it's windows or whether it's what I'm going to do, which is a solar system -- solar panel system, is going to put three, five people to work. Good thing? Bad thing? I don't know. You guys all talk about jobs up here. I was talking about it five years ago, but we all talk about jobs here. Puts people to work. Not people by the government of the United States, not people by the government of Miami-Dade, and not people by the government of the City of Miami. Real jobs, the ones that actually pay taxes. Real jobs that are not created at the expense of taxpayers. So is that a secondary benefit? Of course it is. Now, finally, could you kick holes in this? I guess you can. But the Florida Legislature saw some of the cities struggling with this and passed laws to prevent us from having liability and, to me, they have seen the concerns of city. Now, I got to tell you, I want to be a part of this program. I want the City of
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Miami logo on this program. I want to be a person that had the foresight, the insight, the institutional fortitude to say here's an opportunity, Mr. Resident, Mr. Business Owner, to be greener. I'm not forcing you to be green. I might be Johnny Martinez and I may love BMWs (Bavarian Motor Works) with big engines that love to throw out greenhouse gases. He may never want --
Chair Suarez: Not like Commissioner Suarez; has a Fusion, you know.
Vice Chair Sarnoff: Exactly. He's got a Fusion. He could have got the hybrid, but he opted for the less expensive one.
Chair Suarez: It's too much money; can't afford it.
Vice Chair Sarnoff: But that's my point. You had a choice and you had a choice and nobody forced you to do anything.
Chair Suarez: True.
Vice Chair Sarnoff: But the program is available, and that's all I want to do. I don't want to tell a citizen you have to do this, but I don't want to tell a citizen you can't do this. Everybody else is starting to do this, and when are we ever on the cutting-edge of anything in Miami? Not very often. Usually we're three or four years behind anyone else. Usually it's San Diego, Chicago, LA (Los Angeles), New York, Sunbury, North Carolina, and then all of a sudden we say, hey, there's a new idea out there. No, it's actually about four years old and it's been done in other cities. So I want to be a part of this. I want to be -- I want to put my imprimatur on this because this is something that I really believe in. Again, I drank the Kool-Aid. I really do believe there's global warming. I really do believe man causes it. I would suggest to those that don't believe it, take a Pascalian wager. Doesn't hurt you to spend a few minutes considering it. Doesn't cost you a thing. But it does provide citizens an opportunity -- as I always said to the Green Commission, since 2008 the only green people concern themselves with is the green in their wallets so they're not really concerned with greenhouse gases. Is it still real? Maybe. I suspect it is. Ninety-eight percent of the scientists agree with me. But what it does do is it gives them the ability to be green by using green dollars. Are there residual benefits, jobs and all these other things? Absolutely. But think about this. This is exactly what the President of the United States was talking about when he said new jobs are going to be created. This is part and parcel of his energy policy.
Chair Suarez: Thank you.
Commissioner Spence-Jones: Mr. Chairman, can I --?
Chair Suarez: Let Commissioner Gort go and then we'll come back to -- let's let everyone speak first and then we'll come back to a second round. Go ahead, Commissioner Gort.
Commissioner Gort: Commissioner, I agree with you 100 percent. The house I live in was built in 1938. It's got a solar system for heater, so I'm a great believer in that. I changed all my windows. I don't have any problem. I think we need to do this. We all have to do it. And the thing that needs to make sure is that the City does not have any liability. At the same time, we've seen within our neighborhood how many people we see on the newspaper all the time are taking advantage with their mortgages and, let's face it, salespeople, when they --
Commissioner Spence-Jones: So true.
Commissioner Gort: -- sell, they promise the moon.
Commissioner Spence-Jones: That's true.
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Commissioner Gort: Now my question is you already had experience in other states, in other cities. I'd like to know what is the savings that you have according to --? Because what you're going to be is you're going to be changing air condition, electrical panels, window replacement, and solar energy. I don't see any changes in construction that will make any difference in the house, but there might be. I don't know. But this is the things you're going to do. Right now Sears got a plan that will do all this and they'll give you 18 month to pay with no interest, all right. That's something. I want to make sure that we -- when someone is doing a repair of their home -- and we've seen it before because I get a lot of the calls from the residents -- all of a sudden they're not happy with a person that performing the contract. They walk out. Or at the same time, they finish; they are very happy. They replace all the things they needed to be replaced. Then all of sudden, they were promised that that they were going to be saving "X" amount of money. All of a sudden, they don't realize one-third of what they were promised to be save and these people stepped out.
Commissioner Spence-Jones: Yes.
Commissioner Gort: What happened to that assessment? Who -- and this assessment has got the priority over any other assessment. You know, the banks, will they be aware that these people are going into this loan? This is the type of question that I'd like to have an answer. And I met with the Mayor before. And Mayor, I want to work and I want to do it, but I want to make sure that we have safety built in for our residents. And if we can start with commercial, let's start with commercial. I mean, these people, they got attorneys, they got lawyers, they got --
Commissioner Spence-Jones: Yes.
Commissioner Gort: -- all kinds of people.
Commissioner Spence-Jones: To defend themselves.
Commissioner Gort: They can look at it and they can defend themselves. But we have a lot of seniors and citizens, homeowners in these neighborhoods. At least I do in my neighborhood. Lot of them -- and let me tell you. I can tell you some stories. I can tell you some stories that have taken place with a lot of these things. I think the program is good. I think we need to implement the program, but I want to make sure that we can have the safety of our residents.
Chair Suarez: Thank you.
Commissioner Spence-Jones: Mr. --
Commissioner Gort: And I have -- I got more questions, but I (UNINTELLIGIBLE) --
Commissioner Spence-Jones: Yes. Go ahead.
Commissioner Gort: -- answer.
Commissioner Spence-Jones: You made some very good points.
Commissioner Gort: No. I'd like to see the past experience, what the savings had really been and the difference according to the different changes 'cause the amount of saving can be according to how many of the items they replace or they take care of it, like the window and this and that. If they do the whole component, or if it's a single component, what's been the experience in the other places? I think that's very important. And I think whoever you're going to be train -- because we've been told that your people are going to train our employees, all our business people in the City so they can be -- you're going to certify them, that they're going to be
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the greatest, and you got to make sure they're not going to oversell. Because, let's face it, salesmen --
Commissioner Spence-Jones: They're trying to get a loan.
Commissioner Gort: -- (UNINTELLIGIBLE) -- they want to get business, they want to sell, and they all promise the world. The second is the -- are we going to inform the banks that the property owners and the residential owners is going to get this loan? Are the banks that hold the mortgage are going to be notified?
Mr. Schaefer: That's true. That's the Florida Statute. It's a 30-day notice. No program can go forward until the 31st day, and our systems are programmed to ensure that doesn't occur.
Commissioner Gort: Okay. So that's going to be happening. Now, Madam Chair -- Attorney, by creating this district, everything will be done by the districts, we, the City, will not have any liability?
Ms. Bru: I think this interlocal agreement is as tight as it can be --
Commissioner Gort: Okay.
Ms. Bru: -- with respect to protecting the City of Miami from liability incurred by the district. The district is a separate legal entity. With the recent amendments to the chapter in the Florida Statutes that authorizes this program, it's made it even more separate, you know, from the City's because now the district itself is considered a local government and can even -- they can do the assessment, they can enter into the financing agreement, and they can do the collection of the assessments, which before, the last time this agreement came to you, that was not the case. So this has been modified to reflect the new law that was approved by the Legislature.
Commissioner Gort: I'm not an attorney, so my question is Section 15. According to what I read here --
Ms. Bru: This --
Commissioner Gort: -- the party (UNINTELLIGIBLE) shall each be individual and separate liable and responsible for the action of its officers.
Ms. Bru: Right. But there is very little action that the City, as a party, will be required to take.
Commissioner Gort: We have a member on the board.
Ms. Bru: Excuse me?
Commissioner Gort: We have a member on the board.
Ms. Bru: Well, no, and I wanted to clarify that on the record. The draft that I have -- the draft that you have before you, we revised it to take out the elected officials being members of the district to provide for a property owner from the jurisdiction to be the representative of the City. So I want to make sure that we're working off of the same draft. We made that amendment because I had questions about dual office holding, and I think in order to just avoid that whole issue, the board now will be constituted by representatives from the jurisdiction but not the elected officials from the jurisdiction, so it will not be elected officials serving on the board. Now we do need to make sure that on the record we understand, you know, how that appointment process is going to take place.
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Commissioner Gort: My understanding is the person in there will be representing the City of Miami.
Ms. Bru: But no --
Commissioner Gort: That's what I read. I'm not an attorney.
Ms. Bru: Right. There will be an individual who will represent the jurisdiction. It'll be rep -- it will be a property owner from the jurisdiction, not necessarily representing the City of Miami, no. It's not representing the City of Miami's interest. It's somebody that the City of Miami Commissioners appoint to the initial board and they serve for four years. After the four years, the board will then accept nominations from you for an appointment of successor, members of the district.
Commissioner Gort: (UNINTELLIGIBLE).
Chair Suarez: You still -- you got more, Commissioner Gort?
Commissioner Gort: That's all right.
Commissioner Spence-Jones: I just want, again -- and my canary down at the end of the dais here made the comment, you know, that whenever we -- we're making a big -- a decision like this, it -- for whatever reason, we -- we're not -- and we challenge an issue, it's -- I want us to get away from us not wanting to be cutting edge. It's not that we don't want to be cutting edge, but we have a responsibility to ask all the right questions, and I can think of a couple issues. Fire fee -- a couple things that past Administrations wanting to be coupled -- cutting edge put the City in financial straits so I just -- whatever our opinions are about the items that come up here, you know, we have a right to have those opinions from all across the dais. I just want to be clear on that. I -- part of -- and I've been the one that's really like hammering this issue, I know, on the PACE thing, and I asked for like the current existing places in Florida where PACE is, so two of the areas, Kissimmee and Flagler County -- I'm assuming this is the program you're doing, correct?
Mr. Schaefer: No.
Commissioner Spence-Jones: Okay. Well --
Mr. Schaefer: We're not --
Commissioner Spence-Jones: Okay, PACE --
Mr. Schaefer: -- involved in that program.
Commissioner Spence-Jones: Okay, so PACE-funded programs. And what I'm seeing in Kissimmee and Flagler County, Florida, it is there. They discussed the negotiation with five bankers and administrators for the program, but at this point it's on hold. Lantana, which is, I guess, another part of Florida, echo City's partnership, they're launch their project this month. Several additional cities have expressed a interest. The thing that stands out for me is when I start seeing things like Leon County program appears to be on hold, pending lawsuit, Gulfport -- according to Gulfport, Patch, on January 18 the City Commission halted its efforts to move forward with PACE. I mean, I just want us to -- guys, we have a responsibility to make sure we do our due diligence on why other cities are saying let's really look at this thing. And then not only that -- and I want to be open and honest about it -- this wasn't in reference to the residential. This was in reference to the residential part, not the commercial so that was the reason why I said, okay, you know what? I'm willing to try the commercial part of it. I see other colleagues
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across the state saying, hey, look, I think it's a great initiative for us to start with, but let's start from the commercial side so -- like my fellow colleague, Commissioner Gort, has stated so that we don't have in our neighborhoods where we're affected the most -- you know, homeowners, you know, for whatever reason -- maybe they didn't understand what they were signing -- calling our offices, or the individuals that follow us afterward that get in this seat, you know, we're not able to answer the questions. So for me, you know, I know that -- you know, I made the amendments on the commercial part of it because I think that at least that's showing that we're moving in the right direction and we're at least making a good faith effort to kind of maybe perhaps see if the program could work, you know. I think that was a good suggestion. I think the Chairman's suggestion, okay, let's revisit this a year later, as long as we have the ability to open it back up. Why wouldn't we want that to be amended to include if there is a problem in the program or the PACE program, we, as a City Commission, whether the ones that are sitting here or the ones after us, have the ability to weigh in. I don't -- I mean, to me, any kind of action that we can put in place to protect the residents of our districts, we should be ecstatic about doing. I don't even understand how we got here.
Chair Suarez: Thank you. Anyone else? Okay, no problem. My two guard wants me to take the lead on this one. That's no problem. Just a couple things. I'll try to be very brief. I think a lot has been said on this issue. I remember when first brought this to the Commission there was a lot of discussion, there were a lot of questions, there were a lot of concerns. I had a lot of concerns. And I think what evolved from that was, in my discussions with the Manager and with Janice, was that there was about ten or eleven issues, which is not insignificant for an item, you know, that comes before the Commission. My understanding is that all ten or eleven of them or however many there were -- I don't know exactly how many there were -- were resolved. In other words, were agreed upon between the Administration and the company.
Mr. Martinez: That's correct.
Chair Suarez: Okay. So I just wanted to put that on the record. Then -- and a couple of other things. One is, you know, I'm in the real estate business, as you mentioned, and I -- being in the real estate business, being a real estate attorney, you are -- you spend a lot of time in the lending world, and I can tell you that -- and I don't know if my other colleagues agree with me, but I can tell you that fin -- it's not easy to get a $20,000 loan, you know. It's very, very difficult. And what I asked him off the record was what's their loan-to-value ratio, and they go up to 85 percent. And I could tell you that that 5 percent -- that difference from 80 to 85 you won't get a bank to finance, I guarantee it. I will put my professional reputation on the line. At least right now. Maybe in five years, maybe in ten years, certainly during the boom 'cause in the boom they were financing over 100 percent.
Commissioner Gort: Hundred percent, 120.
Chair Suarez: But they have been so burned -- the banks have been so burned that they've scaled back so much that you're lucky to get an 80 percent loan-to-value loan right now. I can give you countless examples of people that have -- make a good amount of money and still can't do it. The other thing is, you know, I'm a member of the Miami -- you guys made me a member of the Miami Dade League of Cities and I'm on the executive board and they are a big proponent of this, you know, so that's something that, to me, is influential because that's a conglomeration of all the cities in the county. It's not just the City of Miami. And the last thing is, look -- I mean, I'll be honest with you. I could support either one. I could support, you know, your amendments. I could support your motion. So, you know, I feel like I'm in a -- kind of a tough position because I support -- I really do support the program, generally. So you know, the fact of the matter is, I'd be willing to go as far as him, but I'd also be willing to kind of retract. So I don't know where that leaves us.
Commissioner Spence-Jones: Well, let me just say this, Mr. Chairman. I mean, we all have to
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work up here together cause we all --
Chair Suarez: Sure.
Commissioner Spence-Jones: -- have to represent our residents.
Chair Suarez: And we do. I think we do.
Commissioner Spence-Jones: And -- right -- for the most part, I'm saying if Commissioner Gort and I are saying -- and you, you even said, okay, I could support this if, you know, we started it off with commercial real estate -- commercial properties first. That's an amendment because you think that that's something that's, you know, palatable for now. You know, our -- all of our input should be -- especially when we're making a decision like this, it should be valued and it should be supported.
Chair Suarez: I agree.
Commissioner Spence-Jones: You know, so I'm saying for us to turn around and say, well, no, I don't want to support the amendment and we clearly have PACE programs in the state of Florida that says, you know what, we opted out of the residential part of it, but we're doing the commercial side of it, that's -- to me that's significant and that's important.
Chair Suarez: Okay. From a procedural perspective, we are -- the -- our posture right now is that the Vice Chair made a motion. I seconded the motion. Now I don't know -- does -- Mr. Vice Chair, do you want to vote on this or do you want to do a straw poll and see if there's consensus?
Vice Chair Sarnoff: (UNINTELLIGIBLE). I want to see something happen.
Commissioner Carollo: Can I speak beforehand?
Chair Suarez: Sure, please.
Commissioner Carollo: Thank you. I haven't spoken on this item. First of all, I think it's important to state that, you know, I appreciate all the work that Ms. Larned has done, and I think while I was up here, are seen firsthand the reason that someone up here pushed so hard for a CFO.
Commissioner Spence-Jones: Yes.
Commissioner Carollo: And, you know, I truly appreciate all your work, you know. And Commissioner Spence-Jones mentioned that, you know, when we hire professionals, we should listen to our professionals. And I truly appreciate all the work that you have done. I know that at times it was difficult because, again, you asked the tough questions, you did the analysis, and I can say I truly appreciate all the work that you have done. At the same time, I also want to commend the Manager because I know that at first, this seems to be going so fast and on several occasions, you said, hey, listen, the information that just came about, I just received it, you just received it, Commissioner. You know what, I respect the five-day rules. I'm not going to railroad this, and you deferred it, you know, and you did that on several occasions, so I really commend you on that. It speaks volume, you know, and I appreciate your patience. Now, with the issue at hand, I'm sort of like Commissioner Suarez or Chairman Suarez, I could go either way, but I would like to see some compromise. It seems to me like, listen, if we wait a year and then bring it back to maybe allow residential properties, then, realistically, you know, it does seem reasonable. And I'm hoping that we could, you know, maybe, you know, have some flexibility where we can all reach a consensus, like we've done, and really vote on this unanimously because it appears that -- mind you, after that punch list of ten, eleven items that I know took
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weeks from the Administration working with you all but got through it -- and I've asked point-blank to our City Manager, I've asked point-blank to our CFO, you know, their feelings about this, you know. And we have gone from day to night from what was first presented to us to after that punch list that was worked out. It's been day and night. And it seems like all of us have enough confidence now in this to support it, but it seems like, you know, we're -- we don't want to -- we want to go slow, and it seems like we could possibly have a compromise here if we do commercial and then within a year, bring it back to see how it went and then do, you know, residential if it's gone good, along with any other problematic area that maybe we need to adjust. It seems reasonable. And I'm just hoping that, you know, we can maybe vote on something that we can all agree on and hopefully have some flexibility. So like Chairman Suarez said, you know, I could go either way, but I think we should vote, you know. I would hope that we're not placed in a position where we will possibly have to turn one down and not the other. You know, if -- you know, I would like to discuss it a little bit more; maybe come to some compromise. I think it's reasonable what's been asked and, you know, I'm hoping we could vote on that.
Commissioner Gort: Mr. Chairman.
Mr. Martinez: Mr. Chair.
Chair Suarez: I just want to say real quick and then I'm going to recognize Commissioner Gort, then the Manager.
Mr. Martinez: Okay.
Chair Suarez: But I just want to say real quick something I failed to say when I made my comments, which is that I'm going to take advantage of this program for myself, personally. I'm going to do retrofits to my house and take advantage of the program so that's how much I believe in the program. I agree with you that -- I mean, I will literally use the (UNINTELLIGIBLE). And the cool thing about the program is that you can use it for a lot of things. You know, it's a variety of different things that the program can be used for, so I personally am going to take advantage of it. I understand the issues that you all have raised and I -- you know, I acknowledge them, but I just want to put that on the record. Commissioner Gort and then the Manager.
Commissioner Gort: My understanding is we're -- if this passes, we're going to get quarterly reports.
Commissioner Spence-Jones: We're going to get quarterly reports.
Commissioner Gort: Quarterly reports, according to the contract, what I read.
Mr. Schaefer: Yeah. I mean, yeah. I mean --
Commissioner Gort: I mean, it's -- this is the document that I have.
Mr. Schaefer: Yeah, absolutely.
Commissioner Gort: That it will quarterly report come to us so we know what's taking place --
Mr. Schaefer: Right.
Commissioner Gort: -- how's it going. Any new program that you begin anywhere, you have to debug it. They all have bugs. I'd rather have the business person with the knowledge be part of this than rather the residents, that they don't have any knowledge what they're signing and what they're doing, and that's why I be in favor if it be only for commercial, give the residential out,
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and we have quarterly report. It might not have to be a year. If within the quarterly reports we can see that this works and people are happy with it, we can change it.
Chair Suarez: But it --
Commissioner Spence-Jones: And I just wanted to make sure -- Mr. Chairman, I just want to make sure we have that option. I think quarterly reports until the program's actually up and running is going to be difficult for them to accomplish. I think you got to give them at least a year to look back at the program and then see whether or not it's actually working, but I'm open to that. I just think that it's important for us to start slow and that's my only comment.
Chair Suarez: Okay.
Mr. Martinez: Mr. Chair.
Chair Suarez: Yes. Mr. Manager, you're recognized.
Mr. Martinez: I believe that the -- one of the proposed solutions of starting with the baby steps of just a residential -- not -- just the commercial without the residential is a good step in the right direction. It's even made better with the amendment of coming back to the Commission with a report to see how it's doing. But we'll also have the extra data of the cities that are including the residential to evaluate how they're doing and questioning them, so it's not just evaluating the commercial component that the City's going through, but what other cities have done. That's number one.
Chair Suarez: I just want to make sure that this doesn't, you know, fester because you know what happens sometimes is that we say we're going to bring something back but we don't necessarily do it, so I want to put it -- that's why I wanted to put an actual time frame.
Mr. Martinez: And the other thing, you expressed that you want to do the program. And, Commissioner Sarnoff, you're not your average residential owner that's very savvy and knows all the tricks --
Commissioner Spence-Jones: Yes.
Mr. Martinez: -- and the language so --
Commissioner Gort: Yeah.
Chair Suarez: No, I -- listen, I don't -- I'm not saying that I don't agree with any of the issues that they made up. No. I'm just saying that I -- the only thing I'm saying is that I'm going to take advantage of it.
Mr. Martinez: Right.
Chair Suarez: And I think -- and I'll be honest with you. I'll take it a step further. I think a lot of people in my generation are going to take advantage of it because I think it's a generational thing in many ways. We're much more conscience of our impact on the environment and we're also -- we don't really have the financial wherewithal to just come out of pocket cash and redo our roof or redo our windows. I've been postponing redoing my windows, which I need to redo since I bought the house like four years ago. So, you know, it's -- it gives us -- you an opportunity to do it in a way that is inexpensive and very convenient.
Vice Chair Sarnoff: Mr. Chair.
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Chair Suarez: Yes.
Vice Chair Sarnoff: You know, predatory lending is not going to go away today with this vote. Tomorrow somebody's going to go knock on somebody's door and who knows what they're going to sell and how they're going to sell it. You know, the question you have to ask yourself, you know, the President got elected almost four years ago and this was the first program he willed out, which was green jobs, green program, and we're still debating four years later whether this is a good or bad thing. Just so you understand, you all have reasonably no impact through the commercial side of this program. It will have no real impact. So if this was nothing more than a let's get it started -- you know, I'm not ignorant; I can count to three as well, but it's not going to have the reason why I'm voting for it, and the reason I wanted to vote for it was to actually reduce greenhouse gas emission. You're not even going to have a 1 percent impact on greenhouse gases but -- and the other thing I'd say is, you know, you can't always pass laws to the lowest common denominator. Sometimes you have the pass a law that allows everyone a fruitful ability to enjoy. You can't not pass a law because somebody may be taken advantage of because for every one person taken advantage of, twenty-five people may be doing very well with it. So, you know, I just wonder sometimes in this country where we become in a country of laws that we create. But I'm not stupid; I know that I can count to three as well, but I don't think it's going to have the impact of the reason why I'm voting for it. I'm simply voting for it because it's a start, but it's not going to have any impact on the environment because let's be real. Think of this City of Miami and think about the type of buildings we have. It's just not going to have the impact on the green -- it's not going to have the true motive behind it. Will it have a secondary impact on some jobs? I think you all are going to be decidedly unimpressed with what this is going to do.
Chair Suarez: Thank you. Do you want -- just from a procedural perspective, do you want to -- a vote on your motion or do you want to withdraw your motion?
Vice Chair Sarnoff: I'm going to take a vote on my motion just so I know that I did what I thought I should do is right and I don't mean that disrespectfully to anyone. I just think -- I think I want to achieve -- you know, I believe -- I really believe in this. I really believe in greenhouse gases. I really want to make a dent in greenhouse gases. It's that famous think globally, act locally. I mean, you cut down America's greenhouse gases by 11 percent, you cut down its oil consumption by 4 percent, and you're not in Iraq. You cut it down by 6 percent, you're not in Afghanistan. Gee, never thought of it that way.
Chair Suarez: Yes. Yes, Commissioner.
Commissioner Gort: Call the question.
Chair Suarez: Yeah. Are you good?
Commissioner Spence-Jones: No. I'm --
Commissioner Gort: He wants to hear his motion.
Chair Suarez: Okay. All in favor, signify by saying "aye."
Chair Suarez: Aye.
Vice Chair Sarnoff: Aye.
Commissioner Carollo: No.
Commissioner Spence-Jones: No.
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Chair Suarez: Okay.
Commissioner Gort: No.
Chair Suarez: Fails 3-2. Is there another motion?
Ms. Bru: Mr. Chair.
Chair Suarez: Yes.
Ms. Bru: If you're going to consider another motion regarding commercial, I would like definition of what commercial is. Is it single --? I mean, you're --
Chair Suarez: Not residential.
Ms. Bru: Well -- but -- so you're excluding multifamily also, such as high-rise buildings or --?
Chair Suarez: No, no, no, no, no, no.
Ms. Bru: Okay. I need a good definition of commercial.
Chair Suarez: That's a good point.
Chair Suarez: She's right. She's right.
Chair Suarez: That's a good point.
Chair Suarez: Is -- in other words, is 10/10 museum commercial or residential?
Chair Suarez: Single-family residences, is that what we're really focused on?
Commissioner Spence-Jones: Yeah. I think that's --
Chair Suarez: Single-family residences, so we will exclude for the next year single-family residence and then we will come back to this Commission in a year to evaluate the success of the program, whether there's any faults, whether there's anything to be fixed, and then we'll go forward potentially with the --
Ms. Bru: So do we include --
Chair Suarez: -- single family.
Ms. Bru: -- or exclude duplexes?
Vice Chair Sarnoff: Right. I was about to say that.
Commissioner Gort: No.
Vice Chair Sarnoff: Right.
Commissioner Carollo: Right. Duplexes --
Chair Suarez: Single-family residence.
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Commissioner Gort: Duplex.
Ms. Bru: But that --
Mr. Martinez: Commissioner.
Chair Suarez: And duplexes?
Commissioner Carollo: Duplex, fourplex.
Mr. Martinez: Can I have --
Chair Suarez: You want four -- you want to exclude fourplexes too?
Commissioner Carollo: No, no. But we're saying what's a single family?
Chair Suarez: Right.
Mr. Martinez: Right.
Commissioner Carollo: Because a duplex --
Mr. Martinez: Anything above a duplex --
Commissioner Carollo: -- is not a single family.
Mr. Martinez: -- is considered commercial, but I'd like Francisco to clarify that.
Commissioner Carollo: Well, actually, duplexes are not considered --
Mr. Martinez: Duplex are residential. Above --
Commissioner Carollo: Right.
Mr. Martinez: -- duplex, commercial.
Chair Suarez: Right.
Commissioner Carollo: Actually, no. Fourplex and below --
Chair Suarez: What about by T3. What about if we say T3?
Unidentified Speaker: T4 and above.
Chair Suarez: T3, I think, is better 'cause T4, there's commercial -- you can do commercial on T4.
Vice Chair Sarnoff: Yeah.
Chair Suarez: Yeah.
Francisco Garcia: But -- Francisco Garcia, Planning & Zoning director. What I would like to recommend you consider is that if your intent is to exclude residential, single-family residential low density, that you stick to the T3 category which includes both single-family residential and duplex.
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Commissioner Gort: Yes.
Chair Suarez: What a great idea that was. Anyhow, so --
Ms. Larned: As a point of clarification, though, in the --
Chair Suarez: Yes.
Ms. Larned: -- T3s we also have reuses, like churches or schools or child care centers, that might be able to benefit from this program that we would like to make sure that they would not be --
Chair Suarez: T3?
Ms. Larned: -- otherwise excluded.
Chair Suarez: Those are T3 buildings?
Ms. Sabilia: I believe by special exception they're allowed to do it or by exception in the code.
Barnaby Min: That is correct. Barnaby Min, Zoning administrator. Ms. Sabilia is correct.
Chair Suarez: Okay. So -- wow, this gets a little more complicated than --
Commissioner Gort: No.
Commissioner Carollo: Yeah.
Ms. Sabilia: I think -- if I can offer --
Chair Suarez: What about --
Commissioner Gort: He's got to answer. Come on.
Chair Suarez: What about -- no. I was going to say what about -- if what we're doing is we're looking at a T3 and all the different properties, then why don't we just pick the ones in the T3 that we want to use?
Mr. Garcia: Right. And what I would like to suggest to that end is that you mention specifically single family and duplex.
Commissioner Gort: And duplex. That's it.
Commissioner Spence-Jones: Yeah. Guys -- because we're talking about the predatory lending portion of it. I mean, that, for the most part, is going to be focused on. We're trying not to --
Commissioner Gort: So moved. I'll make a motion to approve according to the amendments. And this is first reading. No, it's second reading.
Commissioner Carollo: No.
Ms. Bru: Res --
Mr. Martinez: Resolution.
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Commissioner Gort: This is it, resolution, all right.
Chair Suarez: Yeah. Okay, wait. Hold on a second. Before we -- did we get a motion on it?
Commissioner Gort: I made the motion.
Commissioner Spence-Jones: (UNINTELLIGIBLE).
Chair Suarez: Okay, the motion as stated by --
Commissioner Gort: Motion to approve.
Chair Suarez: -- Commissioner Spence-Jones --
Commissioner Spence-Jones: No, I second the motion.
Chair Suarez: Okay, I'm sorry. Okay. So then you got to articulate the motion, Commissioner.
Commissioner Gort: The motion is to approve with the amendments recommended by the Commission.
Chair Suarez: Okay. Is there a second? Somebody better second it 'cause if not, it's going to die. So if I have to second it, I'll second it.
Commissioner Carollo: (UNINTELLIGIBLE) second --
Vice Chair Sarnoff: Well --
Commissioner Carollo: -- which --
Commissioner Gort: Denied.
Commissioner Carollo: -- she's going to do what she wants.
Vice Chair Sarnoff: Right.
Commissioner Carollo: You're --
Vice Chair Sarnoff: What was the point?
Chair Suarez: Right.
Commissioner Spence-Jones: You seconded it, right?
Commissioner Carollo: No, I haven't second it. But I'm just wondering why you wouldn't second when it was -- all the amendments that you're adding to it are there?
Commissioner Spence-Jones: But we all -- wait a minute. These not just Spence-Jones amendments. There were a lot of amendments on here, so discussion on this item.
Commissioner Carollo: What were the other amendments?
Commissioner Gort: You need to second the amendment.
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Commissioner Spence-Jones: Second it.
Commissioner Carollo: What were the other amendments?
Chair Suarez: I'll second it.
Commissioner Spence-Jones: Second.
Commissioner Carollo: And with that said, can we just verify what the amendments are? Since he -- you know that all the amendments of the Commission. You know, I think -- unless you want to say, you know, for the City Clerk to go back to the record and all the amendments, but --
Vice Chair Sarnoff: What does the maker of the motion believe his motion to be?
Commissioner Gort: The maker of the motion I believe is to be -- to exempt the single family of T3 single family and duplexes.
Vice Chair Sarnoff: All right, so --
Commissioner Gort: (UNINTELLIGIBLE).
Vice Chair Sarnoff: -- the maker is excluding T3 --
Commissioner Spence-Jones: And it comes back.
Vice Chair Sarnoff: -- single family and duplexes in T3.
Commissioner Gort: And will return within a year to look at the program.
Vice Chair Sarnoff: And to return back to this Commission in one year from the program. That is your motion, correct, Mr. Maker?
Commissioner Gort: That's the motion.
Commissioner Spence-Jones: With the ability that within this year period of time, if we see that things are not operating properly, for whatever reason, in the program, we have the ability to make amendments or make changes, correct? Not just --
Vice Chair Sarnoff: I'm not sure that's the making of the motion. That's more discussion. So are you -- I think what you're saying is --
Commissioner Gort: That's my motion.
Commissioner Spence-Jones: Yes.
Chair Suarez: Okay.
Vice Chair Sarnoff: Correct me if I'm wrong. You'd like his motion to include quarterly reports?
Commissioner Spence-Jones: No, that's --
Commissioner Gort: No, that's part of the contract.
Chair Suarez: It's already there.
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Commissioner Spence-Jones: Part of the contract.
Commissioner Gort: No, that's part of the contract.
Chair Suarez: It's already there. It's already there.
Vice Chair Sarnoff: All right. So there --
Chair Suarez: And I second the motion.
Vice Chair Sarnoff: There's the motion. Motion and a second.
Chair Suarez: And I second the motion 'cause if not, this thing's going to die.
Vice Chair Sarnoff: Anybody need any further discussion? I doubt it, right? Good. All in favor, then, please say aye.
The Commission (Collectively): Aye.
Chair Suarez: Cool.
Vice Chair Sarnoff: All right, thank you.
Ms. Sabilia: Thank you.
Commissioner Carollo: Take a five-minute recess or --?
Chair Suarez: Yeah. We're going to take a five-minute recess. We'll be back in session -- you know what, let's do a ten-minute recess 'cause I know a five-minute recess always becomes a ten-minute recess. We'll be back in session at 6:25, how 'bout that? Fourteen-minute recess, 6:25, and you guys know we'll be on at 6:25.
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 12-00227 DISCUSSION ABOUT DOCUMENTS NECESSARY FOR THE CITY ATTORNEY TO BEGIN FORECLOSURE OR SALE OF SPECIAL ASSESSMENTS. 12-00227 City Attorney - Foreclosure or Sale Assess.pdf
DISCUSSED
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Chair Suarez: This is what we're going to do.
Priscilla A. Thompson (City Clerk): Thank you.
Chair Suarez: We're going to do the other discussion item of Commissioner Sarnoff and then we're going to do the Mayor's discussion item so, hopefully, the Mayor, if he's around, will be here to do it 'cause he has another discussion item.
Commissioner Gort: And I have a pocket item.
Chair Suarez: And we can do your pocket item too. So let's start with the foreclosure or sale of special assessment, Commissioner Sarnoff.
Vice Chair Sarnoff: Sorry, Mr. Chair. I was remised again. Won't happen again. What was your question?
Chair Suarez: No. I'm sorry. No. We're -- what we decided to do, since we don't have everybody here, is to go with a -- with your discussion item next.
Vice Chair Sarnoff: This is just a reminder. I'm curious where we stand. It's really for you and me because I think we both have had some interests in this.
Chair Suarez: Yep.
Vice Chair Sarnoff: Have we ever foreclosed on anything, whether it's a special assessment, whether it's a lien? And if we have not, why not? Reminds me a little bit of the Chief of Police conversation.
Chair Suarez: Right.
Vice Chair Sarnoff: And you're very good at clearing things up, so I'm just --
Commissioner Gort: I understand --
Vice Chair Sarnoff: -- cleaning it up.
Commissioner Gort: -- we had received up to $23,000 in liens payment.
Chair Suarez: Look, you -- I agree -- appreciate the fact that you're kind of stepping in on this because I -- you know, I think with a lot of things in government, you get tired. You get tired of saying the same thing over and over and over again, and so it's nice when somebody is willing to kind of step in and maintain that energy level on an issue that is very important, and I think this issue is very important. I don't know if the City Attorney -- I know that we had had a discussion item or she was going to prepare a synopsis of -- you have it?
Julie O. Bru (City Attorney): Yeah. Vicky Mendez distributed to your offices this afternoon the spread sheet that we have so far, showing you the files that we've received, how they're been categorized, and what has happened, and she's making herself available any time you want to go through the actual data.
Vice Chair Sarnoff: So without -- and I didn't review it, and I'm going to be candid. Maybe the Chair --
Chair Suarez: No, I didn't.
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Vice Chair Sarnoff: -- since he's a multi-tasker, did. Have we -- just with regard to special assessments, how are we doing?
Ms. Bru: Okay. Thus far, the only amounts that have been collected has been $23,675. But if you look at the spread sheet, it'll show you where we are in the process. A lot of these liens we're telling the Department of Finance just to extinguish them because either they we are not properly recorded, you know, so these are -- we're cleaning up the universe of what we thought were, you know, thousands of dollars in collectables. The ones that we believe -- we're doing the due diligence. The ones that we believe have value -- because a lot of these properties are so upside down that the taxes that are owed are worth more than the value of the property, so what are we going to foreclose.
Vice Chair Sarnoff: So --
Chair Suarez: Wait. Wait, wait, wait. I don't think there's too many properties where the taxes owed are worth more than the value of the property.
Ms. Bru: They --
Chair Suarez: That's a very difficult -- that's very difficult.
Ms. Bru: -- they're in the list of lands --
Chair Suarez: 'Cause even -- let -- 'cause remember that taxes are on the basis of property value.
Ms. Bru: Right.
Chair Suarez: So let's assume that -- and you can go delinquent on your property taxes for three years before being foreclosed, so you got to add three years of taxes. But even in a house that pays $10,000 in taxes, that's only $30,000. And a house that's paying $10,000 in taxes is a house that's worth over half a million dollars. So you know, the math doesn't really work on that.
Ms. Bru: Well, again, I have an attorney who's doing nothing but this and she can sit down with you, file any file that you have a question on. But a lot of these -- a lot of the properties are also on the list of lands which are properties that have already gone through the process and now the County is taking them over.
Vice Chair Sarnoff: But let me ask a question like this. Let me try to cut through this a little bit. This Commission for the past three years -- two years certainly -- has been actively pursuing this City to special assess properties namely for unsafe structures --
Chair Suarez: Lot clearing.
Vice Chair Sarnoff: -- and lot clearing. Okay.
Chair Suarez: Demo.
Vice Chair Sarnoff: So how many properties, Madam City Attorney, have been lot cleared or demolished and have proper special assessments placed on the property?
Ms. Bru: Okay.
Chair Suarez: How much is the value of that?
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Ms. Bru: The spread sheet that we've prepared answers that question. It's just that we would have to then look at the different categories.
Vice Chair Sarnoff: More than ten? More than 15?
Ms. Bru: I would have to then now segregate them. But I can tell you that there's a lot of properties that we could own the properties if we paid off the taxes; and we have identified them, we know how much the assessed value is, we know how much the taxes are owed, and we have sent memos to the Administration saying let us know; do you want us to move in and pay off the taxes so that we can acquire the property. But we need the money to do that.
Chair Suarez: Right. Look, I think what we should do -- this is my humble suggestion -- is for you to brief us because you haven't had a chance to look this, I haven't had a chance to look at it, so there's really no -- nothing much that we can add here. I mean -- and we can bring it back in a month.
Vice Chair Sarnoff: But there's also something very interesting she said, and I'll shut up after this. But you know, there may be an opportunity here with CDBG (Community Development Block Grant) money to finally acquire a home --
Chair Suarez: Oh, I love that.
Vice Chair Sarnoff: -- right.
Chair Suarez: Do a (UNINTELLIGIBLE) --
Vice Chair Sarnoff: Put a person --
Chair Suarez: Yeah, or do --
Vice Chair Sarnoff: -- in it. You want to put a senior. You want to -- I don't know. You know, whatever you think is right, and now you have a home that's unoccupied or -- yeah, probably it is unoccupied. And now instead of hiring a developer and giving him an extension of time because he didn't get his Tallahassee tax credits and, you know, blah, blah, blah, blah, blah, blah, blah, now all of a sudden you have a home that could be occupied 60 to 90 days with --
Commissioner Gort: We're trying that. I mean --
Vice Chair Sarnoff: Okay.
Commissioner Gort: -- we're working with CDBGs to do that with some of the buildings that been abandoned within the area. But I'm sure that a lot of developers that were willing to buy it from us and --
Vice Chair Sarnoff: That's true too.
Commissioner Gort: -- and go ahead and build it.
Vice Chair Sarnoff: You know, Cleveland, Ohio, Commissioners, is doing this. Cleveland, Ohio, is -- it's a ransacked city. I usually joke about Cleveland because it's the exact same size as the City of Miami, and somebody'll say, well, traffic's a huge problem here. And I'll say, well, you could be in Cleveland; traffic's not a problem there, but you wouldn't want to be in Cleveland.
Chair Suarez: Ask LeBron where he wants to be.
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Vice Chair Sarnoff: Right. But -- right, you wouldn't live in Cle -- well, I shouldn't say that, but you wouldn't want to. So all I'm saying is if -- There was a great 60 Minutes piece. It was done in December. It talked about how they were using their CDBG dollars and what they were doing. I just -- I don't know. I feel like we're a little bit on that hamster wheel. Like a little bit we're on that hamster wheel for the hiring of police officers. I just -- I think we get a lot of this and I don't know what really gets done.
Ms. Bru: Okay. I counted right off the bat here 17 individual properties that could be purchased just by paying off the taxes. So we're going to set up a meeting with each of you individually with the attorney who specializes in this so that we can go through this and have a better understanding of how successful we are in this endeavor.
Commissioner Gort: Let me ask a question. The $23,000 that we've collected, what did it go to?
Ms. Bru: We send it to Finance. You have -- I don't know where Finance --
Commissioner Gort: Well, we need to create a special fund --
Ms. Bru: That's --
Chair Suarez: Yep.
Commissioner Gort: -- Like a revolving --
Chair Suarez: Yep.
Commissioner Gort: -- loan fund so we can go ahead and continue to purchase all those taxes.
Chair Suarez: And I think that's what, you know, kind of Commissioner Spence-Jones was alluding to in the other issue, but we can expand what the fund can be for, you know, not just to --
Commissioner Gort: Sure.
Chair Suarez: -- demolish structures or not just to put metallic coverings, but also to potentially --
Commissioner Gort: Purchase.
Chair Suarez: -- buy properties, so I think that's a great idea. So I think we're going to have an individual -- yes, sir.
Anthony Whitfield: Thank you so much. I know it's not opened, but I understand where you're coming from. Before we demolish these buildings, can we please use some of these buildings to train individuals on how to put it back green? Again, it goes back to your excellent situation where you coming from, and I do agree with you, but instead of knocking the buildings down, we would like to utilize that list that she has --
Chair Suarez: Yeah.
Mr. Whitfield: -- and maybe we can get outside funding to pay off the taxes on the back end and then turn it green.
Chair Suarez: Yeah. Listen, I think you should contact the Administration, you know, and you
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guys can talk and see, you can evaluate the properties and stuff. But the properties that we demolish are in very bad shape. I mean, they're not -- pretty much not rehabable. I mean, they're like, you know, missing walls or missing a piece of the roof or -- maybe not the roof 'cause that roof can be fixed, but they're usually in pretty, pretty bad condition.
Mr. Whitfield: Yes, sir.
Chair Suarez: So -- I mean, I hear you and I --
Mr. Whitfield: In order to go LEED (Leadership in Energy and Environmental Design) certifi -- be able to be zero footprint, you have to gut all the electric out, all the walls out anyway.
Commissioner Gort: Name and address.
Chair Suarez: Right.
Mr. Whitfield: So that's not really a bad deal.
Chair Suarez: Can you put your name and address on the record, sir, please. I'm sorry.
Mr. Whitfield: Yes. Anthony Whitfield, 6112 Northwest 7th Avenue, Star Medical.
Chair Suarez: Thank you, sir.
Mr. Whitfield: Thank you.
Chair Suarez: Thank you.
Vice Chair Sarnoff: You know, Anthony, it's not a bad idea to --
Chair Suarez: It's not a bad idea.
Vice Chair Sarnoff: -- create a list --
Chair Suarez: It's not a bad idea.
Vice Chair Sarnoff: -- of potential homes. And I thought you were going the approach me and I thought you were going to say, and what we could do, Commissioner, is actually create a job training program to teach people how to rehabilitate these houses. I don't know if that's not --
Mr. Whitfield: That's exactly what I said.
Vice Chair Sarnoff: Oh, is that what you --?
Mr. Whitfield: Yes, exactly what I said.
Vice Chair Sarnoff: See, that I heard it perfectly.
Mr. Whitfield: You got it right.
Vice Chair Sarnoff: I heard it perfectly. I thought that's what you said.
Mr. Whitfield: What it does is is gives individuals training on construction.
Vice Chair Sarnoff: Right.
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Mr. Whitfield: You understand?
Commissioner Gort: Yeah.
Mr. Whitfield: All right. Thank you.
Vice Chair Sarnoff: Thank you.
Mr. Whitfield: Anymore questions?
Chair Suarez: No.
Mr. Whitfield: All right. Thank you.
D2.2 DISCUSSION ITEM 12-00253 STATUS OF HIRING POLICE OFFICERS. 12-00253 Email - Status of Hiring Police Officers.pdf
DISCUSSED
Direction by Vice Chair Sarnoff to the City Attorney to provide a report within 30 days that clearly identifies the issues within the hiring process that are causing delays in hiring police officers.
Chair Suarez: Okay. Do you want us to go to the police hiring issue before --
Vice Chair Sarnoff: Could we?
Chair Suarez: -- anything else?
Vice Chair Sarnoff: Is that all right? Yeah. Is that all right with you?
Chair Suarez: Yeah. I'm okay with that.
Commissioner Carollo: (UNINTELLIGIBLE).
Vice Chair Sarnoff: Yeah. It's not going to be too complicated. So, Mr. Chair, what I'd like to bring up is my District 2 page item, which I promised you I'd bring up every Commission meeting. And I've been remiss, Mr. Chair. I haven't brought it up I think at the last meeting. And I want to thank you for the opportunity to do this on a more scheduled basis so that the citizens and the Administration can see where it is. As you all know, we have been about 50 -- get my notes out -- about 52 to 55 police officers down. We are presently, if I am correct, I think 71 --
Chief Manuel Orosa (Police): Eighty-four.
Vice Chair Sarnoff: -- 84 -- we went up since this morning -- police officers down. Now I think it's time that -- we've been going over this since November, Mr. Manager, and it has been a long, long process. I watched this engulf one chief of police. I'm watching it engulf a second chief of police. And here's what this means to people. You need 404 officers to patrol the City of Miami. He has 404 officers. He has a little under a thousand, about seventy-five right now, a little less than that. But what he has to do is he has to go into the detective bureau or he needs to go into the problem solving team, and those people no longer are problem solvers and those
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people are no longer detectives. He puts them on the street and that means that the crimes that have been committed are not going to be solved and the problem-solving teams that he uses for trouble areas don't have the mandatory staffing that he needs. This chief in addition wanted to increase patrol from 404 officers to 420 officers. He simply doesn't have that ability. The reason he doesn't have that ability is a problem with your Administration's department with regard to hiring. Now, well you could shake your finger no all you want. Here's the bottom line. You have hired about -- what did he hire, 16 police officers since we've spoken about this?
Chief Orosa: Yes.
Vice Chair Sarnoff: And in the process of hiring 16 police officers, you have lost over 70.
Chief Orosa: We lost the 16 plus more.
Vice Chair Sarnoff: Plus one, okay. So we're not even making up ground, and we have looming 250 officers in 2014 or '15 that are going to be leaving the City of Miami. Whatever is bottling you up right now hasn't been able to be resolve for the better part, I would say, a year and a half, but I could defer and say seven or eight months. You better fix whatever is broken 'cause you're getting to crisis. And I don't use that word lightly. You're getting to crisis with the number of police officers you have. You don't have enough police officers. Your lateral hires are not coming in and your new hires, you're not making it. Now, I'll shut up and let the chief clean up what I said, but remember he's there -- he's not going to be as bold as I'm going to be because he is the chief of police. I am the canary in the cave. There is ammonia gas in the cave. I'm letting you know that, Mr. Manager. There is ammonia gas in the cave. We're not dying yet, but the canary is turning colors. Chief.
Commissioner Spence-Jones: That's a great one.
Vice Chair Sarnoff: It's true.
Commissioner Spence-Jones: Can I take that one, too?
Vice Chair Sarnoff: You can have that one, too.
Commissioner Spence-Jones: But the canary's dying. Go ahead, Chief.
Chief Orosa: Okay. Good afternoon, Manny Orosa, Chief of Police. Basically right now we have 84 open slots. We -- when I started, we had 54 and we had hired 16. The 16 officers are working, working hard in the street. However, because of attrition and retirements, et cetera, we're down to 84 now. We're up 84. We did a recruitment for certified officers which is the fast way of hiring officers, and we did that in December and it was for two weeks. After that, it was closed, and I believe March -- December 2 it was closed and we received the list from ER (Employee Relations) in March, and we've been vigorously working on that list.
Armando Aguilar: Armando Aguilar, executive assistant to the chief of Police. We received the first batch -- well, we received 373 applications, processed the first batch of 120 applicants, and we're down to 56 applicants who have not yet been disqualified. They're still being processed.
Vice Chair Sarnoff: How long you been doing this?
Mr. Aguilar: We received the list in mid-February. Within about two days, sorted the list into the required residency groups; gave veteran's preference to ensure that veterans were the first applicants to be processed and hired, mailed out the packages, and then three weeks later the orientation packages were mailed out along with forms for each person to take to their physician so that they could be cleared to undergo the physical agility testing. And three weeks later, we
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conducted orientation, began the background screening, physical agility testing, psychological testing and polygraph testing on these applicants.
Vice Chair Sarnoff: So you have 56 applicants as a result of a process that began when?
Mr. Aguilar: Well, we have -- we invited 120, and we're down to 56 that have not been disqualified. The process began in mid-November.
Vice Chair Sarnoff: So it's taken you from mid-November to get to 56 applicants, right?
Mr. Aguilar: In a nutshell.
Chief Orosa: It has taken the police department from February -- from late February to now to get to 56 applicants. From November to February, it was out of our hands.
Vice Chair Sarnoff: Here's how -- you know, I --
Commissioner Gort: That's the problem.
Vice Chair Sarnoff: --call this City speak, which is okay. I promised the City Manager I would not be an attorney and cross-examine anyone and I won't. But I'm going to tell you what I hear. Even if you had -- let's say 56 of these applicants, you get 30 of them to come. Not a bad ratio, you agree?
Chief Orosa: Correct.
Vice Chair Sarnoff: Okay. By the time they're hired and all, you'll be down another 20 cops.
Chief Orosa: Hopefully not. Hopefully, these 56 we can --
Vice Chair Sarnoff: Is it just me that sees the crisis or the problem? This has --
Chief Orosa: Commissioner --
Vice Chair Sarnoff: -- swallowed other chiefs.
Chief Orosa: I think that you're right that we'll never make up ground at the rate we're going and basically --
Johnny Martinez (City Manager): We lose more --
Commissioner Gort: Wait a minute.
Mr. Martinez: -- positions than we fill.
Commissioner Gort: No, no.
Vice Chair Sarnoff: So --
Chief Orosa: Exactly.
Mr. Martinez: Let me just say one thing.
Chair Suarez: What are we doing about it, is what he's asking.
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Vice Chair Sarnoff: Right, what's --
Commissioner Gort: No, no.
Vice Chair Sarnoff: -- the solution?
Chair Suarez: What are we doing about it?
Mr. Martinez: Yeah. Trying to arrive at a solution, we've had several, several meetings with our attorneys, the Chief of Police, DOJ (Department of Justice), and all these things, and what I asked for was a flow chart of the process from beginning to end; just receive it. And I will --
Chair Suarez: Sounds like the --
Mr. Martinez: -- tell you that examining the succession --
Chair Suarez: -- demolition process to me.
Mr. Martinez: -- plan for the king of Spain is a lot easier to understand than the flow chart on how to go from the --
Vice Chair Sarnoff: View the grip on this. Should I just shut up and be comfortable?
Mr. Martinez: No, no. I'm just saying it's -- we haven't sat idle. We've been sitting --
Vice Chair Sarnoff: No, I get that.
Mr. Martinez: -- in meetings trying --
Vice Chair Sarnoff: I get --
Mr. Martinez: -- to analyze what the problem is so we can fix it. It's -- we're not sitting at our desks twiddling our thumbs just letting the people leave and taking a long time to hire. We are taking a long time to hire. But I haven't been able to zoom in on how to condense the process so that we can hire 36 and maybe lose 5, not 50, and I'm trying to wrap my arms around that, but it's just the flow chart of when you start to get your approve list and the DOJ and all these other things just get -- just become obstacle after obstacle after obstacle. And our attorneys had been helping talking to the DOJ so we could do other things which are unconventional so that we can go through the list a little bit faster.
Vice Chair Sarnoff: So what do I tell the citizens of Miami, things are okay; we're getting our arms around this, trying to?
Commissioner Gort: (UNINTELLIGIBLE).
Vice Chair Sarnoff: So -- well, I'll shut -- I'll let somebody else talk 'cause I don't know. I'm alarmed. I'm concerned. I see a problem looming, and I thought the problem was a 2013/'14 problem. I'm warning you, Chief. Every chief has faced this and it becomes a budgetary problem. That budgetary problem becomes you're not the flavor-of-the-month problem. And when you're not the flavor-of-the-month problem, you become a problem. Don't let this swallow you.
Chief Orosa: Commissioner, in the police department we do everything we can to speed up the process. I've added extra people to do background investigations. We received a list of 120 applicants. We processed all those applicants within two months and we're down to 56
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candidates. We've eliminated 60-something, 70 candidates. Out of the 56, we're continuing with the process. Within the next couple of months, we will probably eliminate a few more, and we will probably wind up in the next few months with about 15 to 20 candidates that we can hire, and then we'll start with another 120 and it'll take -- and that is part of --
Chair Suarez: Yeah.
Chief Orosa: -- the mechanism --
Vice Chair Sarnoff: Am I the only one seeing this?
Chief Orosa: -- that is in place that -- it may sound convoluted, but it's what we have right now.
Chair Suarez: Commissioner Gort, and then I want to say a couple things on this too.
Chief Orosa: And --
Commissioner Gort: You know, I've asked that the Administration and each department head to let me know what problem they're having to fulfill their goals, and if we need to make some changes, let's make it, let's look at it. Maybe it's their -- the problem that we inherit from before. Maybe we need to change some of the system, some of the procedures. We need to look at the procedures and change some of them. And I've asked this for a long time. And I agree with you, it's a big problem. It takes six months to get someone -- although they're credit to police officer, they already been going through the training, they have everything certified by the State, and it still takes about four to six months.
Chair Suarez: Yeah, and I just -- you know, I feel for the Chief 'cause I know he's doing everything -- and Mr. Aguilar, doing everything they can to solve this problem, but it's so -- like the whole process is so asinine, you know, that it's hard to understand. For example, I went -- I was honored to be invited to the last graduation and we graduated a bunch of candidates , and you see the graduation video and you could see that they're very talented and capable individuals. And then I asked, well, how many of these people are we hiring, you know, people that we trained, our police academy, and the response was none because we have to go to this process of a list in one year and then a list in another year and all that to comply with all this --
Vice Chair Sarnoff: Do you really believe a person in Washington, DC (District of Columbia), absolute utter bureaucrat that works for Barack Obama understands and learns this police department is on the verge of being 100 police officers down of 404 patrol unit? And he says I have no solutions for you. You're just going to have to go out there with 300 cops.
Chair Suarez: Mr. Vice Chair, not to get too overly political on federal -- on a federal issue, but you know, it's similar to what happened with our CDBG, you know what I mean. Our CDBG is a no-brainer and I expected the federal government to open up its arms, solve the problem for us, you know, and do everything they could as our state Legislature did for us to solve our major problem. You know, I don't know. I can't tell you with a high degree of confidence -- I don't think you have a high degree of confidence either in the federal government's ability to --
Vice Chair Sarnoff: I -- here's what I need. I need a lawyer, I need a police officer, and I need an HR (Human Resources) person to report to me that they've done everything they can and that, Commissioner, we're sorry, but inevitably, everybody's going to have to carry a gun, which is I thought we were trying to get away from, they're going to have to defend themselves because DOJ has reported to us you have to now dig up your 2001 list because that was a good list. I just can't imagine government is that asinine. And I got to tell, this President is very friendly to police officers, is very friendly to those type of folks, and I just can't imagine that this is going to be his policy. And if it is, we need to know that and we simply need to know that 'cause I just
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don't believe it. And I need three people to report to me in the next -- I'll give you 30 days. Is that enough, Madam City Attorney, to make calls, write letters, do e-mails?
Ms. Bru: You will have all --
Vice Chair Sarnoff: Fly you up to Washington, DC.
Ms. Bru: -- the information from the attorneys.
Vice Chair Sarnoff: I know you know the President personally and, you know, talk to him. And I just can't believe -- I want a report written why we're stuck where we are.
Ms. Bru: Yeah. You know, I don't think that you can blame the Department of Justice entirely, but --
Vice Chair Sarnoff: I just want to know who to blame. I want to know who to vote for. You know what --
Ms. Bru: It's just --
Vice Chair Sarnoff: -- I'm a voter. I want to know who to vote for.
Ms. Bru: I'll have my attorney who's dealing with Justice report to you and brief you on our interaction with Justice and how Justice impacts the process, okay.
Commissioner Gort: Judges --
Vice Chair Sarnoff: Well --
Commissioner Gort: Wait a minute. Hold, hold, hold, hold.
Vice Chair Sarnoff: -- and that's -- maybe you bring up a good point 'cause I'm getting -- I'm instinctively reading your lawyerly response. Then maybe I'm right to have that panel because maybe I need an HR person, okay, and then I need a police officer --
Chair Suarez: A task force.
Vice Chair Sarnoff: -- that the Chief designates --
Chair Suarez: A task force.
Vice Chair Sarnoff: Right. -- to tell -- and I hate this whole expression task force. But you know what, I want a white paper in the next 30 days that tells me where is the cog in the system; where is it broken. Where has the snake swallowed too many mice and it's just bottled up? 'Cause I can't believe the lack -- you know, we talk about some fun stuff up here, significant stuff, and I don't feel like we're having an intellectual conversation. I just feel like we are.
Chair Suarez: That's it?
Vice Chair Sarnoff: In 30 days you guys agree that -- let's give a directive, that they give us a white paper on why --
Commissioner Spence-Jones: I agree.
Vice Chair Sarnoff: -- we can't hire police officers?
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Chair Suarez: I would --
Commissioner Spence-Jones: And if the canary's dead, then what?
Vice Chair Sarnoff: And the canary may be dead in 30 days; you're right.
Chair Suarez: No. I think you're on to something. I don't know if you articulated it to its conclusion, which is that maybe you should -- 'cause this is obviously -- we're all passionate about this issue, but you have been the leader on this issue, so maybe you should lead a task force of the Chief, an attorney, whoever, and a person in HR.
Commissioner Spence-Jones: So we are appointing you as our fearless leader.
Chair Suarez: Right, so that there's an accountability factor because we all know that two things need to happen for things to happen in government: Sometimes several departments need to be in the same room and then there needs to be someone --
Commissioner Gort: Yeah.
Chair Suarez: -- with political power because otherwise, it's not an urgency so --
Chief Orosa: Well --
Vice Chair Sarnoff: Chief, you're okay with that?
Chief Orosa: Yes, sir. I -- what I would recommend for your own education in our system that we can hold a meeting between myself, ER (Employee Relations), yourself, and Diana Vizcaino, who's the attorney dealing with DOJ, and you can get first-hand knowledge of the process and you can determine for yourself where the cog is in the process. I can, you know, guarantee you that we're doing everything in our power within our police department to try to hire as fast as possible. We don't control the hiring. We don't control the obstacles that are mandated for us to put in the way of the hiring process, and we try to do everything we can to hurry up with it.
Vice Chair Sarnoff: You know, there may be some very well-intended people in this, but I'm going to be honest with you -- and this goes back to John Timoney's days. Timoney told me when you're pass 55 down, it's a critical number. You're at 84. And whether Timoney was right or wrong, it's a number that always stuck in my head. And Timoney always said we're going to stay under 50 and he pretty -- he was good at doing that and maybe because times were different; I don't know, but it's a number that sticks with me. And I don't want to get to 100 and then I don't want to get to 150.
Chief Orosa: No, that's -- those are -- like you said, now we're critical. A hundred is basically, you know, something we shouldn't tolerate. The reason I'm asking or suggesting that you meet with whoever is -- you know, all three areas and you determine where the cog's at -- because I can explain my police department's role in the hiring process. In that way, E.R. can explain their role and the attorney can explain her role with DOJ and what DOJ basically has told her and, you know, you can decide for yourself.
Vice Chair Sarnoff: All right, then I'll have my office set up the meeting and I'll report back to this Commission in not less than 30 days.
Chair Suarez: I love it.
Commissioner Spence-Jones: The only that I would like to add to that meeting, is there any way
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that maybe you could ask for a representative from DOJ to also sit in this same meeting because --
Chair Suarez: Yep.
Commissioner Spence-Jones: Why?
Chair Suarez: That's a good idea.
Ms. Bru: We'll discuss that with you in private. I mean, let -- we don't need to get into that issue right now. You'll have all the information that you need to have about how much involvement the Department of Justice continues to have in the City's hiring practice --
Commissioner Spence-Jones: Okay.
Ms. Bru: -- and you'll have it from our attorney, but we don't need to have DOJ present at this meeting.
Commissioner Spence-Jones: Okay, no problem. Thank you, Madam City Attorney.
Vice Chair Sarnoff: Thank you. Thank you, Mr. Chair, for allowing this.
Chair Suarez: You're welcome. Thank you. Now we're going to go to -- before going to -- well, we're going to do the PACE (Property Assessed Clean Energy) item, which was a time certain item.
Anthony Hatten: I'd just like to, you know, drum in on this. Anthony Hatten, union president, Local 1907, 4011 West Flagler. We're having the same problem with the 911 operators and crime scene investigators. I --
Chair Suarez: Well, we --
Mr. Hatten: -- had my lawyer draw up an MOU (Memorandum of Understanding) to grandfather some crime scene investigators in.
Commissioner Gort: We had to have problem with a lot of departments, so that's something that -- Commissioner Sarnoff -- Vice Chairman Sarnoff will take care of it.
Chair Suarez: Okay.
Vice Chair Sarnoff: I'm sorry; I didn't hear. What --?
Commissioner Gort: That's all right; he'll take care of it.
Mr. Hatten: We're not --
Vice Chair Sarnoff: You know, the last time you did that to me, you put me on a board.
END OF DISTRICT 2 DISTRICT 3
COMMISSIONER FRANK CAROLLO
D3.1 DISCUSSION ITEM
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12-00373 DISCUSSION REGARDING REASON(S) THAT THE CITY'S AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2011 ARE LATE AND HAVE NOT BEEN ISSUED.
THE FINANCIAL IMPLICATIONS INCLUDING BOND RATINGS, INTEREST RATES, DISCLOSURES, ETC.
THE RESOURCES AVAILABLE AND/OR NEEDED FOR THE CITY'S FINANCIAL TEAM TO MOVE FORWARD.
12-00373 Email.pdf
DISCUSSED
Chair Suarez: I think the only thing we have left is the audited financial statement discussion by Commissioner Carollo. There we go. Let's do it, sir.
Commissioner Carollo: Thank you. Should I begin?
Chair Suarez: Yeah, go ahead.
Commissioner Carollo: Thank you, Mr. Chairman.
Commissioner Gort: Johnny, can you introduce your new acquisition?
Janice Larned (Assistant City Manager/Chief Financial Officer): I'm sorry?
Commissioner Gort: Would you introduce your new acquisition?
Ms. Larned: Introduce -- oh, the new director of the Finance, yes, sir. Would you like --?
Chair Suarez: Oh, yeah, that's a good idea. I haven't met him.
Ms. Larned: -- for me to do that at this time?
Chair Suarez: Yes, please do.
Commissioner Gort: Yes, yes.
Ms. Larned: Yes, sir. This is our new director of Finance, Stephen --
Chair Suarez: Let's take a look at him. Let's get a look at him. Very good, very good, very good. Let's go.
Ms. Larned: Okay.
Chair Suarez: Good stuff.
Commissioner Gort: Welcome.
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Chair Suarez: He's got a good -- I could tell he's got a good smile. I like that. That's a good start. You know, good sense of humor. You got to have it in this place.
Ms. Larned: He was --
Vice Chair Sarnoff: I was going to say --
Ms. Larned: -- 25 years in retail, so I think at least I'm going to take styling tips from him, but we'll see how that goes.
Commissioner Carollo: Thank you, ma'am. And by the way, welcome.
Stephen Petty (Director, Finance): Thank you.
Commissioner Carollo: Welcome to the City of Miami. It's good to see that our financial team is growing and, you know, we're getting more experience here in the City so --
Mr. Petty: Glad to be here. Thank you.
Commissioner Carollo: -- welcome again. The reason I brought this item is because when I first heard about this, I asked to meet with Danny and then the CFO (Chief Financial Officer), and actually the CFO and various people already had a meeting scheduled with me. And when I heard that the audited financial statements were not going to be issued on time, it was worrisome. And what really was alarming, when I heard the rest of the news with regards to not even knowing when we might be able to issue. Now, I know a lot of people may not understand why I'm so alarmed. You saw -- you actually saw it firsthand today, you know. When there's talk about, you know, entities that will be defunct or will have to close down, when you're talking about entities that need badly revenues, first thing I said was let me see your audited financial statements. Unfortunately, any investor -- and that's usually what happens, especially business people, investors, professionally oriented people, they ask for financials. It's not just, well, we're going to run out of money. Okay. Well, you know what? In your audit financial statements, you should have a going concern and there's -- you know, there's ways to find out that information, especially before you invest, like what would happen with bond holders and anyone that would seek to see the financial statement of the City or invest in our City. When we cannot issue our financial statements on time, that's a red flag. Now what's extremely alarming is when I hear from our CFO -- and as Commissioner Spence-Jones mentioned, you know, this is why we have our professionals. When our CFO tells us that she is not sure or that it could be three -- more than six months from when our financial statements can be issued and the reasons for it, that's extremely alarming. I think my questions are pretty straightforward. You know, I would have Ms. Larned, our CFO, address them and go from there. I know there may be some new information that you may have. I know you spend more time reviewing this, but last we spoke there was no changes and, again, it's something we have to address. And I think -- you know, at least everybody knows from my point of view, financially, I think, you know, it's extremely important. It seems like everything is based around our finances, our budgets, and some of the news that you gave is of great concern.
Ms. Larned: Thank you, Mr. Chair --
Chair Suarez: Please.
Ms. Larned: -- and Commissioner Carollo. Janice Larned, Assistant City Manager, Chief Financial Officer. Last week we sent out a memorandum indicating what had happened with the delay in the CAFR (Comprehensive Annual Financial Report) and that we would immediately initiate a review of the CAFR. I have three findings I would like to report and then there was five
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causal factors that I think would be beneficial to give a context as well. So the first initial assessment has been completed. The first item was the composition and compilation schedules, and the tables were still a work in progress. There had not been an evaluation of vetting or a validation of the information. The second piece was the form in content within the CAFR. There's several sections that require being updated and refreshed. Some of that information is available within the Department. Some of the information is available within the organization, the County, and at the state level. The most extent, that information has not yet been updated or refreshed. The third item, third thing that we found was -- and let me stop and say that the new director of Finance and myself were the ones that were conducting this review. It was his second day on the job, so he has had a baptismal by fire, if I might add that.
Commissioner Carollo: Welcome to Miami.
Chair Suarez: Yeah, really.
Ms. Larned: The third item that we found was because this is a step process, those items that had not yet been completed were, in fact, starting to back up the other items that needed to be completed to totally compile the financial statement. And I mentioned that there were five causal factors. The first was that there was a new accounting standard that needed to be implemented.
Commissioner Carollo: GASB (Government Accounting Standard Board) 54?
Ms. Larned: Yes, sir. And was far more significant than what had been initially reviewed and opined on within the Department. The second was that it's the first year of a different auditing firm in their engagement, so we had a new auditing firm. Generally speaking, that is going to cause more work, more questions, as each party gets to know each other and what the particular nuances are.
Commissioner Carollo: And I'm not going to interrupt you --
Ms. Larned: No.
Commissioner Carollo: -- every time, but I want to say that's part of the fresh set of eyes, you know, and fresh set of eyes looking at different things and they're asking different questions and so forth.
Chair Suarez: You mean on our internal side or on the audit -- the external auditor's?
Commissioner Carollo: No, external auditors.
Chair Suarez: Okay.
Commissioner Gort: Internal auditor.
Commissioner Carollo: It's fresh set of eyes --
Chair Suarez: (UNINTELLIGIBLE).
Commissioner Carollo: -- that are looking at it, and that's usually why all municipalities every “X” number of years, you know, have new auditors. Now, with that said, Ms. Larned, I think it's important to also, you know, state and ask this question. Do you feel because they are new auditors coming in that it was more our part or their part? In other words, when they request certain information is it because we haven't provided that information or is it because of something from their part? And as -- you understand my question, correct?
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Ms. Larned: Yes, sir.
Commissioner Carollo: Yes.
Ms. Larned: Yes, sir. First let me say that after we completed our assessment, we met -- or we actually had one of the auditors in the office while we conducted a teleconference call with the two partners. They were not able to come into Miami, but nonetheless, we had the conversation. It was at that point we exchanged information and agreed that the list that was provided by the audit team in December would be provided to us along with subsequent requests that they had made. In that conversation it was determined that the items from the December list still had not been completed and that the subsequent items that were in -- that was requested was a result of some of the information that was provided and that they wish to go a bit deeper. And again, we have not had a complete briefing with them as to all that they have found. Now intervening with all of this activity that occurred in March, there was an Audit Advisory Committee, and it was at that time that the external auditor, the independent auditor provided a -- provided their first initial workbook and their information as how the audit was going and at what percentage point they were as far as completion. So we didn't find out until about the middle of March some of the, I would say, broader and deeper information request that they had been asking. I had been kept apprised as to -- the information that was being requested seemed to be abnormally high and that was from our staff. I based that on was this first year audit or is this because of items that perhaps we hadn't completed as we should have, and the response was, again, we think we're dealing with auditors that may not be as experienced in the field as we had hoped they would be. So to answer your question very directly, I think it's on -- it is on both sides. Is it more so on the City side? Yes, than their side. So with -- again, I think the implementation of GASB 54 -- and I don't mean to be too technical with that answer, but it is a statement that has to be implemented and in according [sic] to the County rules in order to be issued an unqualified opinion. When we first started looking at that statement, it was when there was a different director of Finance, a different Chief Financial Officer, and a different Chief Accountant. That is the second contributing factor that we found was the turnover and that we still have ripple effects, if you will, of those vacancies. I will stop now and say that the City has taken steps, the Administration specifically, in hiring the new director of Finance and the CFO, which I personally find to be a very wise decision on your part, and it's good to be here as well.
Commissioner Gort: It was a good decision.
Ms. Larned: Thank you.
Commissioner Carollo: (UNINTELLIGIBLE) penalty box (UNINTELLIGIBLE).
Ms. Larned: Thank you.
Chair Suarez: Yeah, yeah, same here.
Ms. Larned: The third factor, I think, that gifts lost in all of the other activity is that, if we recall, we had two additional external examinations that we received in December, one being from the Securities Exchange Commission and a second being from the IRS (Internal Revenue Service). Most of the information that they require or that we have to be in a position to reproduce is at out of the Finance Department. That took priority. Even though we had initiated the audit, we had started some of the field work, it was in the very, very early stages and, consequently, we had to shift resources. We were already down resources and anybody that was new was not as familiar with the City. The -- again, I just mentioned the continuing effects of the vacancies that we've had. And then in February, we had an upgrade to the Oracle ARP (Accounts Receivables Property) system. There were some issues there. It delayed this year's February month-end close. Once again, the resources are having to be taken off of one thing and put on another. So take all of this in combination, what we found was not -- we found no surprises. First of all, I
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need to provide that comfort level, if you will. What we did find was information that needs to be completed, and we need to do so in a reasonable, in a measured way so that the information we do provide to the auditors is one that can be accurate and be relied upon, as you had said Commissioner, because we have individuals and we have investors out there that use that information to make decisions. So having said that, I think your next question was what was the impact, what was the financial market's reaction to this? In fact, let me read it -- let me be very clear -- the financial implications, including the bond ratings, interest rates, and disclosures. I'm pleased to say that at this point the March 31 was a self-imposed date. We have not gone beyond any other dates. However, as you indicated, we need to know when we're going to get out the CAFR and what is fast-approaching us. The first item that we have been able to identify is that in our bank loan, there is some language that indicates that should we not be able to provide the audited financial statements, then they may send us a letter to ask us to provide further assurances. That would not occur until April 27. I have already initiated a phone call, and I have a meeting with the bank next Tuesday to provide them those further assurances. It is our intent to get in front of this. As far as the credit rating agencies, if you recall -- and I might expand that a bit. It wasn't just the credit agencies, but we put out a notice in the Electronic Municipal Market Access, which is the electronic system that you put forth all of your disclosure information and any kind of notices that you want into the public market. We did that as soon as we knew that we were -- that we had missed the deadline, and we continued to update EMMA (Electronic Municipal Market Access) as the information becomes available. EMMA is acronym is for Electronic Municipal Market Access. We will continue to do so as we feel that it is appropriate; that when we know information, that we provide that information into the market. The credit rating agencies read that information. We have not received any additional inquiries from anybody at this point. And in an abundance of caution, I do not wish to send any further messages, so I do not wish to speculate what anybody would think the activity would be. So from this point, we're taking it one step at a time. And let me go back and say the Wells Fargo bank loan is the item that we are getting in front of and that meeting will take place next Tuesday.
Chair Suarez: Thank you. Go ahead. Sorry.
Ms. Larned: The third item was the resources available and that --
Commissioner Carollo: I'm sorry.
Ms. Larned: Oh, yes, please.
Commissioner Carollo: Going back as far as disclosures --
Ms. Larned: Yes, sir.
Commissioner Carollo: -- are there any disclosures -- as you see disclosures, are any disclosures that we had to do by a certain time?
Ms. Larned: Yes, June 30. We have a June -- excuse me one moment. June 1 and June 30, correct?
Pete Chircut (Treasurer, Finance): Pete Chircut, Treasurer. The first one after the loan would be May 30, and then one more bond issue would be June 1 and then 15 of the other bond issue outstanding would be June 30.
Chair Suarez: Thank you.
Commissioner Carollo: And hold on. May 30, June 1.
Chair Suarez: June 1 and June 30 for 15 others.
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Commissioner Carollo: And these disclosures are -- can you elaborate on these disclosures?
Mr. Chircut: It's in the -- it's a disclosure requirement. There is -- if the financial is not finished by that time, then we just have the informant inform EMMA that we will be late, but there is no penalty in that effect.
Commissioner Carollo: Except the June 30. If we don't have financials by June 30 --
Mr. Chircut: There is no penalty. It is a disclosure if we inform them by EMMA, there is no penalty.
Commissioner Carollo: And what about state law? If we don't have our financials by June 30 --?
Mr. Chircut: We still have -- if we inform them we will be late, Commissioner, there will be no penalty. We issue our financial statement in 2007 July 22.
Commissioner Carollo: And there was no penalty?
Mr. Chircut: And there was no penalty.
Commissioner Carollo: Okay. When will the financials be issued?
Ms. Larned: I'm going to hesitate for the moment because I want to go back to the conversation with E&Y (Ernst & Young). What we agreed to at that point in time was if they gave us what was still outstanding and if we supplied that within what we felt was going to be a reasonable and realistic time frame, then once we provided that information to the auditors, they could turn around and give us our opinion letter within two weeks. So we have been diligently and carefully making certain that what we have outstanding and what we still need to complete as far as the CAFR, we believe, to the best of our professional opinion, that we can have the CAFR out by June 15. I say this with one caveat. Should we begin to approach anything that we think or that we sense is going to be a qualified audit, we will back up and make certain that if there's any additional information that the auditors need, then we will take that time and make certain that they are getting the information that they require.
Commissioner Carollo: With that said, has there been any indications from E&Y that we may receive a qualified audit?
Ms. Larned: Yes, sir, there was. The night before the Audit Advisory Committee --
Chair Suarez: Doesn't mean it's going to happen, but they have made that -- to answer your question, they have made that --
Ms. Larned: They -- I --
Chair Suarez: Right.
Ms. Larned: -- received a phone call.
Chair Suarez: Right.
Ms. Larned: And the phone call basically was the night before we were to appear before the Audit Advisory Committee. I was informed that there might be two situations that would in fact cause a qualified opinion. The context of those remarks were made as it relates to the City's
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ability to implement this accounting standard change, the GASB 54. Now, you heard earlier today and read in your memorandum from the Manager some of the impacts that occurred as it relates to the year-end close and it has to do with the special revenue funds and the recharacterizing of fund balance so that under GASB 54, some of the way in which we presented the information is going to be different when you compare 2010 to 2011. Again -- and it was a specific comment that the auditors have even given to us the very next day in our booklets from the auditors that basically says that the City does not have a process in place to analyze and document significant accounting matters using authoritative guidance. Now that's pretty technical. But let it just be said that the absence of the director of Finance and not having a specific focus from an authoritative guidance perspective, when left alone, then the accountants are going to go through what is -- what they already know to be the standard. That is why you have to have reviews and collegial discussions about accounting theory, how to implement a new rule, knowing that in fact there are going to be differences of opinion, but you have to have those discussions. Without those bodies present, there's no guidance, there's no way in which to know how to do so. So it did not surprise me once I had, myself, looked and assessed what information had been pulled together, but at the time -- and that was the middle of March -- the auditors had made the comment that they did not agree with us and it was serious enough that it could cause a qualified opinion. I have not heard that since and we have had those conversations with them and we have the begun to make those changes, which is why you saw different numbers from the director of Management and Budget than what he had been telling you. All of this occurred around a two-week period. It was at that point that -- and in my mind, I was calculating the hours, the days, the weeks that were going to be necessary to complete the audit and, therefore, that's why my recommendation was that we don't go forward, as our fiduciary responsibility is, to put into the market that information which is reliable, not necessarily that it's timely, even though that absolutely is a goal. So that --
Chair Suarez: Thank you.
Ms. Larned: -- completes my update.
Chair Suarez: Thank you. Follow up?
Commissioner Carollo: Yes, follow up. Resources.
Ms. Larned: Yes, sir.
Commissioner Carollo: Do you have adequate resources? Do you need additional resources? How can we --? And by the way, you know, as far as that June 30 deadline, I -- you know, I spoke to a few, you know, colleagues of mine and, you know, we've never really seen, you know, municipalities passing that June 30 deadline. I mean, I'm -- you're saying it happened in 2007. I'm amazed that it didn't get, you know, a lot more media coverage, I guess, or it wasn't a bigger deal. But, you know, June 30 is pretty much almost, you know, what, nine months afterwards, almost a year. So, I mean, realistically, how valuable does that information become to the investors. It gets to a point where, you know, you're talking a year later is when --
Chair Suarez: That's a good point.
Commissioner Carollo: -- you know. But anyways, as far as resources, do you -- your financial team can --
Ms. Larned: Again -- and Steve --
Chair Suarez: That's a good point.
Ms. Larned: -- constantly reminds me “This is day nine, Janice”, and I can remember doing the
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same thing. So in fairness to him, he has continued on with the review of the actual document and the information has been -- that is in the process of being compiled. We clearly determined that we needed an objective, and our objective is to remove and correct the conditions that are affecting the responsibility for both the accuracy of the data and the completeness and fairness of the presentation. We believe that in doing so, we have approximately six steps that we would like to undertake, and I have already begun having conversations with our procurement director, as well as our Budget director. I have initiated phone calls to the FGOA -- the FGFOA (Florida Government Finance Officers Association).
Commissioner Carollo: Good.
Ms. Larned: I've even gone so far as to contact cities that have been in similar situations to just get names at this point.
Commissioner Carollo: Good.
Ms. Larned: So step one is that we need to allocate internal and external resources to complete this CAFR by the June 15 date, so we will need external resources as well. The way we think we will manage that is we will have the external resources doing, if you will, the crunch work but also having that experience behind them at this point of understanding what GASB 54 implications are. We want to make sure that we're in conformance with whatever those requirements are. The second step is to allocate and acquire the necessary resources to respond to external examinations by either the SEC (Securities and Exchange Commission) or the IRS without disruption to the internal processes. Step three, we want to acquire, reorganize, and train resources for the best management practices and efficiency in that internal process. The fourth step is that we want to strengthen the systems and the operational input parameters, i.e. the Oracle ERP, and we want to reinforce training those individuals that have to use the system. Step five, we want to implement the approved system integration with all the financial system components and, again, another reinforcement with training. And the second one is to develop the capability to perform special project financial analyses without impairment to the internal process functions. In other words, we can't allow those distractions. We can't allow the reprioritization. So the first focus we're going to take in this new review, if you will, is to finish the current or the fiscal year 2011 CAFR. But at the same time, we have six months in this year already that we need to begin that process --
Commissioner Carollo: Exactly.
Ms. Larned: -- hence, two teams. I do not have a cost estimate for you at this time. We are continuing to review what resources might be available, how quickly they can be available, and what that impact will be from a financial perspective.
Commissioner Carollo: By the way, thank you and thank you for all your work. Can you please keep us updated as far as resources? First of all, how -- you know, how it's going, how it's continuing to -- the process go, especially with, you know, E&Y. Keep us updated. Maybe, you know -- I don't want to speak for any Commissioner, but at least, you know, prior to every Commission meeting, I would like to get -- you know, have some type of update. And I know -- and I say prior to every Commission meeting 'cause I know then every two weeks. At the very latest, every two weeks --
Chair Suarez: You'll have something.
Commissioner Carollo: -- I'll have some type of update 'cause I think this is extremely important and I think, realistically, that it (UNINTELLIGIBLE) impact our bond ratings, which that'll be our interest rates and all that. Also keep us up-to-date with regards to the resources. You know, I think this is more than one area that we need to, you know, put the resources needed to make
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sure that it doesn't occur again. You know, unfortunately, I really do think -- and I think you've stated it in different words, but I think this is a ramification of not having a CFO, not having a Finance director, and it's one of the reasons that before -- I guess I was kind of loud about it and I guess I was kind of, you know -- I voiced the concern quite loud and constantly and -- but we're seeing the ramification of that now and I think we need to -- you know, I think -- you know, I'm so glad that we now have a CFO, that we have a Finance director. Our auditor general was appointed today. And, you know, we're going to have financial team in order in order for this not to happen again. And, hopefully, you know, we could limit any, you know, financial implications that being late with this CAFR could have. I definitely would want to try -- and I know you mentioned the June 15 time frame. I definitely want to do this before June 30. You know, June 30 is when we officially do have to report to the state and that's where, you know, again, if we pass that deadline, you know -- I know Mr. Chircut said that there'll be no penalties, but I'm not so sure so -- and at the very least, you know, I think we need it for our credit ratings not to go down to, you know, junk bonds and I don't want to say that but anyways. So I truly appreciate all your work.
Ms. Larned: Certainly.
Commissioner Carollo: I really do.
Ms. Larned: Certainly. I would add that the markets have significantly changed since 2008 and the attention given to municipal bonds has been heightened. In fact, I spent the two prior years before joining the City doing that very thing and particularly as it relates to disclosure requirements and making certain that people that had not been paying attention before, all of a sudden were paying attention and that the --
Chair Suarez: That's what happens when people lose money.
Ms. Larned: Well, that's a good point. Yes, that would bring that sort of thing to your attention. So it is almost a new era for all of us, which I think is opportunity, and I think that we have to keep our eyes on the horizon but we have to stay focused on the work that needs to be done but knowing that there is opportunity out there beyond. I'm happy to answer any other questions --
Chair Suarez: Great.
Ms. Larned: -- if -- should there --
Chair Suarez: Yeah, I have --
Commissioner Gort: Thank you.
Chair Suarez: Go ahead, Commissioner, and then I'll -- I just have one quick statement.
Commissioner Gort: No. I don't believe that the City has ever default on any interest payment or any principal payment on their bonds. Am I correct? Okay.
Ms. Larned: That is correct.
Commissioner Gort: All right.
Chair Suarez: Thank you.
Commissioner Gort: The other thing is that the monthly statement that were provided, I think, to us is very important because one of the reasons is by looking at the monthly statements, we can analyze if the different departments comply with their budget or if they going above their
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budgets; or if any change takes place or any deviation from the budget, we can take care of that matter right away instead of at the end of the year.
Ms. Larned: Yes, sir.
Commissioner Gort: So as soon as we can get that back again -- and I really appreciate it. And welcome you, sir. You come into a hot potato, but after you work here, you can work anywhere.
Chair Suarez: That's true. That's definitely true. I just want to add that -- a couple things. One is when we briefed, it was a very brief tense briefing and there was a little bit of a the-sky-is-falling kind of attitude at that meeting, and the reason why I say this is because -- you know, I kind of want to apologize to Commissioner Carollo who called for a special meeting but when you -- when we briefed, the information was so inconsistent with what I had been told up to that point that rather than do something premature -- you got -- you guys committed at that point that you would take about a week to get back to me and you did and I commend you for that. You really -- you guys really put this thing together. And, thankfully, I think it's fair to say on the record that the sky is not falling so --
Ms. Larned: Correct.
Chair Suarez: Okay. So -- but there -- that was a tense, you know -- yeah, that was a tense briefing, but that's why -- 'cause we can't talk about it before, so we got to talk about it now. That's the reason why I thought it was better to, you know, from my perspective, do it today because had we done it on -- I think it was Monday or whatever, it would have been a disaster. I mean, that's my humble opinion. The other thing I want to do is I really want to commend the City Manager. He has demonstrated on not just this but on a number of different issues tremendous amount of leadership, taking responsibility, and putting some difficult issues on his own shoulders and saying, look, I'm going work -- and finding workable solutions, which is always hard. So you know, you've been -- you've had some time here where you've been under a lot of intense scrutiny and I think it's important when -- you know, to say that you've really -- at least in the last few weeks you've been really not -- just in the last few weeks, but particularly in the last few weeks you've been exceptional.
Vice Chair Sarnoff: Need to get back on that diet.
Chair Suarez: Okay. Thank you. Somebody else?
Commissioner Gort: The one thing I'd like to add is I think it's -- I state this all the time. It's team work. I think whenever you have your meetings with your directors, department directors, you should include the Law Department also and all work as a team. And that's the only way we're going to get things done. Thank you.
Chair Suarez: Thank you.
END OF DISTRICT 3 DISTRICT 4
CHAIRMAN FRANCIS SUAREZ
D4.1 DISCUSSION ITEM 12-00362 DISCUSSION REGARDING ELECTRONIC PAYMENT OPTION FOR CITY OF MIAMI LICENSES & PERMITS.
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12-00362 Email - Electronic Payment.pdf
DISCUSSED
Chair Suarez: (INAUDIBLE) that one, so just in case anybody's wondering why we're starting a little early, it's actually 2 in my electronic clock here in front of me. Since we don't have a quorum, I want to begin with my discussion item on electronic payments for licenses and permits. Is anyone from the Administration able to address that? Ma'am, you're recognized for the record. Please state your name and address.
Cynthia Torres: Good afternoon. I'm Cindy Torres, interim director of Information Technology Department. I'm here to apprise you of an update of a web payment capability for both iBuild CU/BTR (Certificate of Use/Business Tax Receipt), as well as other permitting processes across the City. The Information Technology Department recently released the full iBuild application on March 16. On June 8 we will be releasing the full web version, which will be available outside of the City's Internet system allowing users to log on and pay. In addition, on April 25 the CU/BTR application will be made available online.
Chair Suarez: Thank you. Yeah. I mean, this is something that obviously we've been working on and I've been trying to push as hard as possible because, you know, the City of Miami is not really user-friendly and, you know, by contrast, other governments, like the state of Florida, the federal government, make it very easy for you to basically do business.
Ms. Torres: Correct.
Chair Suarez: In the state of Florida you can file a corporation online $70 and you can get an IRS (Internal Revenue Service) tax ID (Identification) for free online instantly. So for whatever reason, at the local level we haven't really caught on to that Internet efficiency, and I think it behoove us to do it not only for our residents who would be better served, but also for the City because one of the big issues that we have -- I can't tell you how many calls I've gotten in my office in the years that -- you know, in the couple years I've been elected of people who just can't get a CU, you know, or don't know how to get a CU, and it should really be a very easy process. They should be able to go online and they should be able to fill out the application, pay the money, and they should have a preemptive approval of the CU and then subject to inspections. What we do now is we don't give the CU until after the inspections. Well, the inspections can take a month, two months, three months, you know, depending on the circumstances. And most of the time it's a business that they're either not changing the use or it's a use that's very similar. You know, it's an office so it's being used as an accountant office or as a, you know, law firm office. So you know, I just -- I think this is something that we have to do immediately. Thank you for, you know, continuing to work on this to get it done as quickly as possible and, you know, I look forward to seeing it on June 8. Hopefully it's user-friendly and, you know, it'll be a neat thing for this Administration and Commission to unroll -- to roll out to the public so.
Ms. Torres: Absolutely. We're driving it very hard.
Chair Suarez: Thank you.
Ms. Torres: Thank you.
Chair Suarez: I had one Commissioner. I lost him though.
END OF DISTRICT 4 DISTRICT 5
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COMMISSIONER MICHELLE SPENCE-JONES
END OF DISTRICT 5
NON AGENDA ITEMS
NA.1 DISCUSSION ITEM 12-00439 CHAIR SUAREZ ACKNOWLEDGED THE PASSING OF AUXILIARY BISHOP AGUSTIN ROMAN WITH A MOMENT OF SILENCE, HONORING HIM AS A PILLAR IN THE CUBAN EXILE COMMUNITY AND RECOGNIZING HIS DEDICATION TO THE CAUSE OF A FREE CUBA. DISCUSSED
Chair Suarez: Before beginning the presentations and proclamations, I'd like to have a moment of silence for Archbishop Román, Augustine Román, who passed away last night. He was a pillar in the Cuban community in the cause -- the causes that Cuban, Christians, and Catholics hold near and dear to their heart, which is to have a free Cuba. So if you would all just observe a moment of silence, please.
A moment of silence.
Chair Suarez: Thank you. And now I will recognize Mayor Regalado for a proclamation.
Mayor Tomás Regalado: Thank you, Mr. Chairman. And I also like to join you and the members of the City Commission in expressing sorrow -- of all communities -- Monsignor Román. Bishop Emeritus Román was a man for all communities. And those of us who work in the media in the '80s saw him when he was the peacemaker when the Mariel refugees rioted in Atlanta and Arkansas. And I think he serves all communities and all religions, and he was the moral compass of the Cuban community and, of course, the exile community and all the communities, so our condolences to the people of Miami for the passing of Monsignor Augustine Román.
NA.2 DISCUSSION ITEM 12-00441 MAYOR REGALADO PROVIDED AN UPDATE TO THE CITY COMMISSION REGARDING THE CITY'S SUCCESS AT THE STATE LEGISLATIVE SESSION, FURTHER RECOGNIZING THE WORK OF HOUSE MAJORITY LEADER, CARLOS LOPEZ CANTERA, AND THE CONTRIBUTION OF CITY STAFF, KIRK MENENDEZ AND KIRA GROSSMAN TO THIS ENDEAVOR. DISCUSSED
Chair Suarez: Mr. Mayor, would you like to be recognized on an item?
Mayor Tomás Regalado: Thank you very much, Mr. Chairman, Commissioners. As you know, the state Legislature has ended the session, and the City of Miami was very lucky this year because we had important issues before the Legislature and one of them was of crucial urgency to the City of Miami. As you all know, the Miami-Dade County appraiser's office decided that the garages built by the City in the Marlins stadium complex had to be taxed by the County. The
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City presented some documents, but it was in doubt whether or not that will solve the problem. However, legislators that represent the City of Miami and Miami-Dade County came to the table and fought throughout the process and made it possible that a law was passed that the City will be exempt from taxes. This was a saving to the people of Miami. It wasn't about the Commission, the Mayor, the Administration. The people of Miami were the one that were stuck with the bill. And there was a person that guided that bill throughout all the session in the House, in the Senate. This were several participants, but if we have to single out one person, it has to be our state representative for the City of Miami, Carlos Lopez-Cantera, and Carlos is here and we'd like to --
(Applause)
Chair Suarez: Mr. Mayor, if I may -- go ahead. If I may, I spoke with the majority leader a multitude of different times throughout this legislative session. I was a little worried last year when we decided, for fiscal reasons, to eliminate our lobbying budget and we took a risk, but we were very fortunate that we had a champion in Tallahassee, someone who had risen up the ranks and gained prominence in our state Legislature through his leadership capabilities, and had it not been for him -- this is not -- that was not the only issue. The Marlins garage tax thing. There were several issues that had millions and millions of dollars of impact, financial impact for the City of Miami that the majority leader, without his leadership and without his push, I'm fairly certain would not have happened. So I want to recognize him myself and I also want to just take a brief moment to recognize two other individuals who work for the City, Ms. Kara (phonetic) Grossman, from the City attorney's office at the time, and Kirk Menendez. I forgot Kirk's name. Kirk Menendez, who both -- in Kirk -- and in Kirk's case, he was the MSEA (Miami Sports & Exhibition Authority) director at the same time so he had to work two jobs and be away on many days, so I want to commend both of them and thank them for their unyielding effort of this legislative session. Mr. Speaker.
Carlos Lopez-Cantera: Thank you, Mr. Chairman, Mayor. It's an honor to be here today on behalf of the entire delegation that worked so hard on this measure. We -- there -- I believe there's a second issue that was very important to the City of Miami and that was the freedom of the local option fuel tax. We were able to pass that legislation as well. And you were right, Mr. Chairman, you needed to recognize your team here. Kara (phonetic) Grossman was the one that came up with the original language for the parking garages, and it was Kirk Menendez who was there day in and day out talking with me and helping me shepherd this through. So it was unfortunate that the City had to go to the Legislature for relief from this. The property appraiser could have made this decision on his own; he chose not to. He chose to tax the City of Miami. We were happy and proud and lucky to be able to fix this for the City of Miami and we look forward to the savings that it represents to the City in the future.
Chair Suarez: I have a feeling that we'll rectify that situation soon.
Mr. Lopez-Cantera: Maybe.
Vice Chair Sarnoff: Mr. Chairman.
Chair Suarez: Yes. Mr. Vice Chair, you're recognized.
Vice Chair Sarnoff: I just want to recognize the majority leader for two other reasons. He's the person that championed the Playhouse reverter language and without him there would be no threat to the -- I was going to use felonious, but that wouldn't be fair -- errant board of directors that they would just continue to allow that to sit and because of our -- I think the majority leader, right? That's the appropriate --
Chair Suarez: Yes.
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Vice Chair Sarnoff: -- title he owns --?
Mr. Lopez-Cantera: For now.
Vice Chair Sarnoff: Because of our majority leader, he actually wrote the language. He had a little assist from me, a very little assist, and it's now part of law. The other thing I'd like to acknowledge him for is something that I think will never go down in history, but we were on the verge of losing all of our mental health money and that would have had a huge impact in the downtown. And I know that Mr. Fuentes -- I think is here -- he helped equally in the lobbying efforts, but it was the -- it was, again, the majority leader and through his leadership that said don't worry; these cuts are not going to be as draconian as you might anticipate. And any cut in mental health means services -- and folks down in the homeless situation in the downtown, as you know, 367 durable, long-term, chronic homeless people would have had significant cut in services and it would have affected the downtown of Miami and I do suggest to you that would be the heartbeat. And lastly, if you wouldn't mind, would like to acknowledge him for correcting a wrong -- none of you were up here, except for me and now the Mayor -- with regard to the Marlins. And I can assure you, we had every assurance from the County that the garages would not be taxed, every assurance. The only part of the garage that would be taxed was the retail section. And I can tell you, all of my notes indicate who was there, who was present. For the County to do an about face on that is not only misrepresentation abridging upon a fraud , but it was just absolutely plain wrong to tax the citizens of Miami. And what this man has done is pretty much single-handedly righted a huge wrong from a part of our government that doesn't really care what its words mean, so I want to thank the majority leader for that.
Chair Suarez: Anyone else?
Mr. Lopez-Cantera: Thank you. If I may, Mr. Chairman.
Chair Suarez: Sure, yes.
Mr. Lopez-Cantera: I just want to say my legislative career is coming to an end. Because of term limits, this will be the last legislative session that I serve in the Florida House, and it has been an honor and a privilege to represent the residents of District 113, which is predominantly the City of Miami, including City Hall, which resides in the district that I represent. It's been an honor and a privilege to serve them, to work alongside all of you for the past eight years. Well, some of you for less, but alongside the City of Miami for the past eight years. I've really enjoyed it and I just want to say thank you to you.
Chair Suarez: And I would just conclude by saying I know that Senator Rubio, when he was Speaker of the House, had a very successful legislative session and he went on to be a United States senator. I would put this legislative session up against that one and I would compare it favorably. So I think your work was of a caliber and your effort was relentless and you put your neck on the line. I mean, at the end of the day, what happens sometimes in Tallahassee and in the City and in other places is that, you know, public officials are afraid to put themselves, you know, their reputation on the line, to put their political capital behind, an issue that's important, and you had no fear. And so we thank you from the bottom of our hearts for that.
Mr. Lopez-Cantera: Thank you, Mr. Chairman --
Commissioner Gort: Thank you.
Mr. Lopez-Cantera: Commissioners, Mayor.
(Applause)
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NA.3 DISCUSSION ITEM 12-00443 BRIEF DISCUSSION REGARDING A PRESS CONFERENCE SCHEDULED FOR APRIL 12, 2012, TO COMMEMORATE THE ADDITION OF TWO NEW FIRE TRUCKS TO THE CITY FLEET PURCHASED WITH FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DOLLARS. DISCUSSED
Chair Suarez: Now the Mayor has asked the Commission to break for a press conference that he wants to hold outside. We will break, I'll say -- I was going to say till 11:45 but that'll only give us 15 minutes to work between 11:45 --
Commissioner Spence-Jones: We should just keep going.
Chair Suarez: -- so maybe we should just break until after lunch.
Commissioner Spence-Jones: Because we don't know how long this is going to take, right?
Chair Suarez: You know what --
Commissioner Spence-Jones: Are they ready to go?
Chair Suarez: -- let's break till 11:45. Let's come back and see if we can, you know, do some resos.
Commissioner Spence-Jones: Do we know what the press conference is about? Because I have no --
Mayor Tomás Regalado: Yes, Commissioner. It's -- I mean, you had the press release. It's about two new fire trucks that were bought with --
Commissioner Spence-Jones: Okay.
Mayor Regalado: -- CDBG (Community Development Block Grant) money.
Commissioner Spence-Jones: Okay.
Mayor Regalado: And they're outside.
Vice Chair Sarnoff: Are they green?
Commissioner Gort: What was the --?
Mayor Regalado: Huh?
Commissioner Gort: I read it but I forgot. What was it?
Commissioner Spence-Jones: Commissioners -- Commissioner Suarez, you did say we were -- we're just -- we're going to go ahead and breaking, right, and come back at 2?
Commissioner Gort: Eleven forty-five
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Chair Suarez: Eleven forty-five in terms of (UNINTELLIGIBLE).
Commissioner Spence-Jones: All right, I leave at 11:45, so if there's anything -- some of these items I want to be here for 'cause I told you I had to leave at 11:45.
Chair Suarez: All right, we're going to break until 2 p.m.
NA.4 DISCUSSION ITEM 12-00445 CHAIR SUAREZ ACKNOWLEDGED ASSISTANT CITY ATTORNEY, VICTORIA MENDEZ'S BIRTHDAY AND MEMBERS OF THE AUDIENCE IN CHAMBERS SANG "HAPPY BIRTHDAY". DISCUSSED
Chair Suarez: Can I do it, Madam Attorney, or do you need a few seconds? Do you need a few seconds or do you want me to do it right now? Okay. Since we're waiting for a quorum, I'd like to take this opportunity to salute a friend, a colleague, someone who works in the City of Miami on her birthday, Victoria Mendez. Would you please come up and say a few words, since we don't have a quorum so -- we need to kill some time.
(Applause)
Victoria Mendez (Assistant City Attorney): Thank you. There's no other place I'd rather be on my birthday than here at City Hall, City Commission day. Thank you very much.
Chair Suarez: Thank you.
NA.5 RESOLUTION 12-00421 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Development AMENDMENT SIX TO THE FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") DISASTER RELIEF INITIATIVE ROUND I CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, EXTENDING THE CONTRACT FROM DECEMBER 30, 2011 TO JULY 31, 2012, FOR THE PURPOSE OF PROVIDING ADDITIONAL CDBG FUNDS RECEIVED UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE SUPPLEMENTAL APPROPRIATIONS ACT, ALSO KNOWN AS DISASTER RECOVERY PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, IN THE AMOUNT OF $470,416, FOR THE REHABILITATION OF THE TOWN PARK VILLAGE I PROJECT THAT SUFFERED HURRICANE DAMAGE. 12-00421-Agenda Item Summary Form.pdf 12-00421-Legislation.pdf File 12-00421 Exhibit.pdf
Motion by Commissioner Gort, seconded by Commissioner Spence-Jones, that this matter be ADOPTED PASSED by the following vote.
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Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence-Jones Absent: 1 - Commissioner(s) Carollo
R-12-0165
Commissioner Spence-Jones: And then it the other two items, the one is in reference to Charter amendment for the --
Commissioner Carollo: Audited financial statements.
Chair Suarez: No. There's a --
Commissioner Spence-Jones: No.
Chair Suarez: -- Charter amendment on the elections.
Commissioner Spence-Jones: Right, which is the --
Chair Suarez: Right.
Commissioner Spence-Jones: -- longer discussion as well, right?
Chair Suarez: Could be, yeah. Hope not.
Commissioner Spence-Jones: All right, 'cause I have -- okay.
Alfredo Duran (Deputy Director, Community Development): Thank you, Commissioners.
Chair Suarez: Go ahead.
Commissioner Spence-Jones: Here you go.
Chair Suarez: I don't know what that meant.
Mr. Duran: No, I got it.
Chair Suarez: I don't know what that meant by the way.
Mr. Duran: Thank you. Alfredo Duran, deputy director with the Department of Community Development. These two items, these are two resolutions that -- first, to give you a little bit of background on it. The City of Miami and Miami-Dade County are parties to two contracts under the Disaster Relief program. These are federal funds to assist projects that were affected by the 2005 hurricane season. Phase one -- or DRI (Development of Regional Impact) 1 and DRI-2, in the amounts of $2 million and 2.7 and some change, respectively, are funds that are coming from the federal government. They're coming from HUD (Department of Housing and Urban Development) to the State of Florida to the County and then to us. The projects that are being considered are -- or that had been considered under these funding sources are projects that came through an RFP (Request for Proposals) and they're affordable housing projects that suffered these damages from this hurricane season. During the first phase of the project, through an RFP process, Town Park Village 1, is a community of 147 affordable housing units in Overtown, came in with a number of concerns, a number of needs that -- more so that the first phase was able to provide for, so we decided that had we would assist them in the replacement of all their windows. They're getting ready for their 40-year recertification when -- and these are very important things that they needed to resolve before they can pass that. Round two came and other projects were considered again through an RFP process. Town Park was not considered in round two.
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Unfortunately, one of the projects that was considered in round two failed to move forward because of title issues and it couldn't move forward and we saw this as an opportunity to be able to address some of the needs or the remaining needs that Town Park had, and so we asked the County to bring the request up the chain of command (UNINTELLIGIBLE) back to the state and to HUD and we received approval to do that.
Commissioner Spence-Jones: So moved.
Mr. Duran: And these two -- thank you.
Ms. Thompson: I'm sorry, Chair. I'm sorry.
Commissioner Spence-Jones: Having a hard time.
Chair Suarez: (UNINTELLIGIBLE).
Ms. Thompson: No, no, no.
Commissioner Spence-Jones: Yes.
Ms. Thompson: I want to know if we just discussed one or two pocket items?
Mr. Duran: There's two.
Chair Suarez: There's two.
Commissioner Spence-Jones: He's combining them.
Ms. Thompson: Okay. That's what I needed to know.
Commissioner Spence-Jones: He (UNINTELLIGIBLE).
Mr. Duran: I'm giving the background on both and then --
Chair Suarez: So we're going on --
Commissioner Spence-Jones: Right.
Mr. Duran: -- I'm going to read both.
Chair Suarez: -- the first one, which is 12-321.
Commissioner Gort: Move it.
Commissioner Spence-Jones: Second.
Chair Suarez: Moved by Commissioner Gort. Second by Commissioner Spence-Jones. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
NA.6 RESOLUTION 12-00422
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Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Community MIAMI-DADE COUNTY'S RECAPTURE OF $470,416 FROM THE Development COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") DISASTER RELIEF INITIATIVE ("DRI") ROUND II CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI AWARD OF $2,776,264, PROVIDING FOR AN AMENDED AWARD AMOUNT OF $2,305,848; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SEPARATE CDBG DRI ROUND II CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSE OF PROVIDING ADDITIONAL CDBG DRI FUNDS RECEIVED UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE SUPPLEMENTAL APPROPRIATIONS ACT, ALSO KNOWN AS DISASTER RECOVERY PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, IN THE AMOUNT OF $315,309, FOR THE REHABILITATION OF THE TOWN PARK VILLAGE I PROJECT THAT SUFFERED HURRICANE DAMAGE. 12-00422-Agenda Item Summary Form.pdf 12-00422-Legislation.pdf
Motion by Commissioner Gort, seconded by Commissioner Spence-Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence-Jones Absent: 1 - Commissioner(s) Carollo
R-12-0166
Note for the Record: Please refer to Item NA.5 for minutes referencing Item NA.6.
Chair Suarez: The second one is 12-336.
Commissioner Gort: These are all property owners?
Alfredo Duran (Deputy Director, Community Development): Pardon?
Commissioner Gort: These are condominium property owners?
Commissioner Spence-Jones: Yeah, these are --
Mr. Duran: Yes.
Chair Suarez: 12-336.
Commissioner Gort: Move it.
Chair Suarez: Moved by Commissioner Gort.
Vice Chair Sarnoff: Second.
Commissioner Spence-Jones: Second.
Chair Suarez: Second by Commissioner Spence-Jones. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
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NA.7 DISCUSSION ITEM 12-00447 DISCUSSION BY CHAIR SUAREZ IN SUPPORT OF THE COMMUNITY DEVELOPMENT DEPARTMENT ALLOCATING THE $1.5 MILLION OF HOME INVESTMENTS PARTNERSHIP PROGRAM (HOME) FUNDS THAT ARE DEDICATED TO A SPECIFIC DISTRICT FOR 5 YEARS TO VICE CHAIR SARNOFF'S DISTRICT FOR AFFORDABLE HOUSING PROJECTS. DISCUSSED
Chair Suarez: One last thing. We've talked -- we've had a lot of discussions about the HOME (Home Investment Partnership Program) funds and that -- did we -- the way we did it, Commissioner Teele had set up a structure where a million and half dollars in HOME funds were dedicated to a district for five years.
Alfredo Duran (Deputy Director, Community Development): Correct.
Chair Suarez: It's now come to either District 4 or District 2.
Mr. Duran: That's right.
Chair Suarez: And I just want to put for the record -- and I hope he accepts it -- I want him to be the next five years, and the reason why is because he's got more viable affordable housing projects going in the Grove than our -- than exist right now in my district. So, you know, I just want to put that on the record. I hope he accepts it and I hope the rest of the Commission is okay with that.
Mr. Duran: We're fine with that as well.
Commissioner Spence-Jones: Fine with that.
Chair Suarez: Okay.
Commissioner Spence-Jones: I -- you -- I just want to -- you were mentioning these dash numbers. Where were you reading --?
Chair Suarez: Oh, that's a -- the Law Department matter --
Commissioner Spence-Jones: Oh, okay.
Chair Suarez: -- ID (Identification) number.
Commissioner Spence-Jones: 'Cause I was reading (UNINTELLIGIBLE).
Chair Suarez: I was just trying to identify them somehow.
Commissioner Spence-Jones: No problem.
Chair Suarez: Yeah.
Commissioner Spence-Jones: That's fine.
Chair Suarez: So I apologize for not clarifying it. It wasn't the file ID. It was the Law
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Department ID number.
Commissioner Spence-Jones: Okay.
Chair Suarez: So that's one and a half million for five years, right? So that's six, seven and a half million.
Mr. Duran: Seven million. Yeah.
Chair Suarez: Thank you.
Mr. Duran: That's correct.
Vice Chair Sarnoff: And these funds are in the City. In other words, there's not a shortfall of --
Chair Suarez: No. We get them annually, HOME funds.
Mr. Duran: These are --
Chair Suarez: We get an annual allocation, which is a -- let me explain. We get an annual allocation, which is in the aggregate, okay. Let's say it's four million. I'm just throwing that number out there. What Commissioner Teele did was say we're going to segregate one and half million and we're going to dedicate it to a district so that you can have an impact in that district over a certain period of time, you know. In my opinion, your district has more need and more -- it's maybe not need 'cause the need is the same. It's -- it has more viable projects ready to go, kind of shovel-ready, so I want to give your district -- because I -- you know how much I believe in affordable housing. I want to give your district, you know, the money because I think we can get it going and put it on the street faster.
Vice Chair Sarnoff: Has it ever fallen below a million one -- five hundred thousand?
Chair Suarez: I don't think so.
Mr. Duran: What was the question?
Vice Chair Sarnoff: Has it ever fallen below a million five?
Chair Suarez: No.
Mr. Duran: No.
Chair Suarez: No. We're like -- it's at four million, right?
Vice Chair Sarnoff: So you can bank on a million five?
Chair Suarez: Oh, yeah.
Mr. Duran: Well, as you stated earlier, you know --
Chair Suarez: You never know.
Mr. Duran: -- whether it's Obama or whether it's --
Chair Suarez: Right.
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Mr. Duran: -- you feel that the CDBG program --
Chair Suarez: Yeah.
Mr. Duran: -- might be cut entitlements, this is an entitlement. Hopefully it's not.
Chair Suarez: Right. But right now we get, what, like four million, something like that?
Mr. Duran: Actually this year we got 2.9.
Chair Suarez: Two point nine so --
Mr. Duran: We got -- we had a 39 percent cut in HOME.
Chair Suarez: Okay.
Mr. Duran: But the one and half million is there.
Chair Suarez: But we still have -- it's still 50 percent.
Vice Chair Sarnoff: Yeah, yeah, yeah, yeah.
Mr. Duran: So we can work --
Vice Chair Sarnoff: Sounds like (UNINTELLIGIBLE).
Mr. Duran: -- with your district -- we can work with you to see what programs you want to --
Chair Suarez: Thank you.
Commissioner Spence-Jones: I just want to thank Ms. Slater. I know that they've been working very hard --
Vice Chair Sarnoff: Thank you.
Chair Suarez: Thank you, ma'am.
Commissioner Spence-Jones: -- in Overtown to make sure that that happens.
Chair Suarez: Thank you.
Commissioner Spence-Jones: And we're finally moving on it. It just wanted to tell her thank you.
Chair Suarez: We got you. We got you.
Commissioner Spence-Jones: And thank you, CD (Community Development) --
Chair Suarez: Thank you.
Commissioner Spence-Jones: -- for constantly --
Lillian Slater: Okay.
Commissioner Spence-Jones: -- pushing to make it (UNINTELLIGIBLE).
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Ms. Slater: Well, I thank you, Commissioners, all of you. You know I love you.
NA.8 DISCUSSION ITEM 12-00449 DISCUSSION BY COMMISSIONER GORT DIRECTING THE ADMINISTRATION FOR THE PLANNING DEPARTMENT TO REVIEW THE POSSIBILITY OF CREATING REGULATIONS THAT WOULD PERMIT AND REGULATE THE PLACING OF HORIZONTAL ROOF SIGNS FOR THE PURPOSE OF GENERATING ADDITIONAL REVENUES FOR THE CITY AND CREATING MORE ATTRACTIVE ROOF SETTINGS.
DISCUSSED
A motion was made by Vice Chair Sarnoff, seconded by Commissioner Spence-Jones, and was passed unanimously, with Commissioner Carollo absent, directing the administration to have the Planning Department review the possibility of creating regulations that would permit and regulate the placement of horizontal roof signs.
Chair Suarez: Go ahead, Commissioner.
Commissioner Gort: Pocket item, I mention it before. It's very simple. This is for the Administration. I'd like the Planning Department to review the possibility of creating a regulation that will permit and regulate and place in the horizontal roof sign as a way to generate additional revenues for the City of Miami, create more attractive setting to the roof. This way we will be significant (UNINTELLIGIBLE) since many of the buildings in the City lie in the fly path of Miami International Airport. Does everybody understand the pocket item?
Vice Chair Sarnoff: Yes, sir.
Francisco Garcia (Director, Planning): Sir, I have an image that will hopefully --
Commissioner Spence-Jones: Can you --?
Mr. Garcia: -- be projected -- actually, there it is right now. And I thought it might be helpful because what it shows is the City of Miami with all the FAA (Federal Aviation Administration) flight path superimposed upon it. And I think that image makes very simply the point that most -- almost all of the City of Miami is actually covered by very well traveled air space. By that being the case then, we think that there is certainly merit in pursuing the suggestion that you've proposed to us. We know that it is possible according to the zoning ordinance presently in place to do so. We are now working on a procedure to review and a procedure to permit such signs.
Commissioner Gort: Okay, thank you. That include also downtown Miami where they have the downtown People Mover.
Mr. Garcia: Absolutely.
Commissioner Gort: Thank you.
Chair Suarez: Can I just make one comment on it, Commissioner.
Commissioner Gort: Yes, go ahead.
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Chair Suarez: My only kind of concern is that whatever we end up -- 'cause this is not the actual legislation, right? This is just a direction?
Mr. Garcia: That is correct.
Commissioner Gort: That's correct.
Chair Suarez: But -- that the legislation -- that whatever the advertising is cannot be seen from anywhere on the ground.
Commissioner Gort: Right.
Chair Suarez: So it's -- you know, 'cause what -- somebody could build up, you know, on the roof some sort of advertising and you could see it or whatever so.
Mr. Garcia: Right. The intent is to have them placed horizontally, as the Commissioner described, on the tops of the buildings.
Chair Suarez: Like the American airlines Arena, the plane on the American Airlines Arena when you fly over it.
Mr. Garcia: Case in point.
Commissioner Gort: And make sure that the pilot does not get distracted.
Mr. Garcia: Yes, sir. Thank you.
Vice Chair Sarnoff: Is this valuable? Have you looked into whether this is valuable?
Mr. Garcia: We are looking for model ordinances elsewhere in the United States, sir, and we would be prepared to present to the Commission soon.
Chair Suarez: That's a motion. Is there a second?
Commissioner Spence-Jones: Second.
Chair Suarez: Second by Commissioner Spence-Jones. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Garcia: Thank you.
Chair Suarez: Motion passes.
NA.9 RESOLUTION 12-00450 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE COST OF METALLIC COVERINGS AS A UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ELIGIBLE EXPENSE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FEDERAL AGENCIES DESIGNATED HEREIN.
Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote.
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Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence-Jones
R-12-0168
Chair Suarez: I have one -- before adjourning, I have one pocket item, which is a resolution directing the City -- I'm sorry, a resolution supporting the request to have HUD (Department of Housing and Urban Development) allow for the metallic coverings to be part of an eligible expense.
Vice Chair Sarnoff: So moved.
Commissioner Carollo: Second.
Chair Suarez: Moved by --
Commissioner Gort: Second.
Chair Suarez: -- Commissioner Sarnoff, second by Commissioner Carollo. And to transmit it to all appropriate federal agencies 'cause it may just be more than one federal agency that deals with that. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chair Suarez: Motion passes. Meeting adjourned.
ADJOURNMENT
The meeting adjourned at 7:54 p.m.
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