City of Miami. City Hall 3500 Pan American Drive Miami, FL Meeting Minutes. Thursday, March 8, :00 AM REGULAR

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1 City of Miami City Hall 3500 Pan American Drive Miami, FL Meeting Minutes Thursday, March 8, :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

2 CONTENTS Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence-Jones PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2

3 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 8th day of March 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 11:51 a.m, reconvened at 2:00 p.m., and adjourned at 6:35 p.m. Note for the Record: Vice Chair Sarnoff entered the Commission chambers at 9:01 a.m. and Commissioner Carollo entered the Commission chambers at 9:09 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk Chair Suarez: Let's keep our streak of starting on time going. And I want to thank Commissioner Spence-Jones and Commissioner Gort. And I know that Commissioner Sarnoff will be here shortly and Commissioner Carollo also. Welcome to the March 8, 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, Michelle Spence-Jones, Wifredo Gort, and myself, Francis Suarez, the Chairman. Also on the dais are Johnny Martinez, the City Manager, Julie O. Bru, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Spence-Jones and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR PRESENTATION Honoree Presenter Protocol Item Jose E. DeHombre Mayor Regalado Certificate of Retirement Miami Police & Dispatchers Betty Petit-Phar Dawn Budham Ofc. Norbert Melendres Ofc. Edward Abboud Commendations Miami Police Department Commissioner Commendations Carollo Sgt. Alberto Pacheco Det. Mario Rodriguez Det. Suberto Hernandez Det. Rossicia Allen Det. Luis Camacho Det. Alfredo Matias Det. Luis Valdes City of Miami Page 3

4 Det. Gary Sampson Det. Elijah Taylor Jose R. Mas Chairman Suarez Salute Carnival Planning Group Commissioner Certificates of Spence-Jones Appreciation Tracy R. Lozama Rosenny Augustine Joann Milord David Brown June Arias Philip Rincon Ragasten Paul Garry Lafaille Protocol Item.pdf PRESENTED 1) Mayor Regalado presented a Certificate of Retirement to Officer Jose De Hombre, Little Havana's "El Papa", in honor of his twenty-nine years of conscientious work and superior performance during a successful career as a Peace Officer of the Miami Police Department; further honoring his inspiring leadership and exemplary service to the Little Havana Community and residents of the City of Miami. 2) Mayor Regalado honored Luis Pla, Little Havana Neighborhood Resource Officer, for his dedication to the residents of the City of Miami for the past twenty years; further thanking him for his service to the citizens of the United States as he embarks on a thirteen month tour of duty to Afghanistan and wishing him a safe journey and return home. 3) Mayor Regalado presented a Certificates of Outstanding Service to the following members of the City of Miami Police Department for their service during critical medical emergencies in the City of Miami as well as applauding their professionalism and calm demeanor during a serious life-threatening event in February: Officer Edward Abboud; Officer Norbert Melendres; Dawn Budham, Emergency Dispatcher Supervisor; and Betty Petit-Phar, Emergency Dispatcher Assistant. 4) Commissioner Spence-Jones presented Special Certificates of Appreciation to the members of the Carnival Planning Committee honoring their support of "Carnival Comes to Little Haiti", the Pre-Grand Opening Celebration and Street Festival at Caribbean Marketplace in Historic Lemon City for their contributions to an event of creative and cultural significance to the exciting renaissance of Miami's dynamic Arts District. Chair Suarez: We will now make our presentations and proclamations, and I begin by recognizing Commissioner Spence-Jones. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Spence-Jones, seconded by Commissioner Gort, to APPROVE PASSED by the following vote. City of Miami Page 4

5 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence-Jones Absent: 1 - Commissioner(s) Carollo MAYORAL VETOES Chair Suarez: We will now proceed with the approval of the minutes from the regular Commission meeting of February 9, Is there a motion? Commissioner Spence-Jones: So moved. Chair Suarez: Moved by Commissioner Spence-Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Any discussion? All in favor, signify by saying aye. The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. NO MAYORAL VETOES END OF APPROVING MINUTES Chair Suarez: Madam Clerk, are there any mayoral vetoes to report at this time? Priscilla A. Thompson (City Clerk): No, Chair, there are no vetoes. Chair Suarez: Thank you. ORDER OF THE DAY Chair Suarez: 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 City Commission, Mr. Manager, Madam City Clerk, Mr. Mayor -- I'm sorry; I think I might have said Mr. Mayor to you also, Mr. Chair. Chair Suarez: It's okay. Ms. Bru: -- and members of the public. Please note that any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at 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. No cell phones or other noise-making devices. Pease silence them now. If anybody becomes unruly, you'll be barred from attending any further Commission meetings. Please, anyone who has a disability or requires auxiliary aids, contact the City Clerk. And the lunch recess is scheduled to begin at the conclusion of deliberations of the item that's being considered at noon, unless the Chairman indicates otherwise. Thank you, Mr. Chair. Chair Suarez: Thank you, Madam Chairman [sic]. City of Miami Page 5

6 [Later...] Chair Suarez: We'll 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? Commissioner Spence-Jones: I know, Mr. Manager, you're going to -- I know there are some items -- Johnny Martinez (City Manager): (UNINTELLIGIBLE). Commissioner Spence-Jones: I -- but I thought you were going to defer them. So you want to do them? Chair Suarez: Do you want me to start with the Administration? Commissioner Spence-Jones: Yeah. I -- Chair Suarez: Okay. Mr. Manager, does the Administration have any items? Mr. Martinez: Yes. From the regular agenda, SR.5, to continue to April 12. Commissioner Gort: Wait. What was that again? Chair Suarez: SR.5. Mr. Martinez: SR.5. Commissioner Gort: F -- Mr. Martinez: Continue to April 12. Chair Suarez: SR.5. Commissioner Gort: SR.5. Chair Suarez: Second Reading 5. Mr. Martinez: Right. FR.1, continue to April 12, and DI.4, defer to March 22. Commissioner Spence-Jones: One second. FR.1 -- Chair Suarez: Is there a motion? Commissioner Spence-Jones: Wait. I just want to just double verify. Commissioner Carollo: Give me a second. Chair Suarez: Yeah. You want me to re -- have him repeat the items? Commissioner Carollo: No. It's FR.1 and DI.4, but hold on. Chair Suarez: SR (Second Reading) -- Commissioner Spence-Jones: FR (First Reading) -- City of Miami Page 6

7 Chair Suarez: -- it's SR.5 -- Commissioner Spence-Jones: SR.5, yes. Chair Suarez: -- FR.1. What are the other ones, Mr. Manager? Commissioner Spence-Jones: Yes. Mr. Martinez: DI.4, the PACE (Property Assessed Clean Energy) item. Chair Suarez: DI.4, okay. Priscilla A. Thompson (City Clerk): Chair, if I might ask. Chair Suarez: Yes. Ms. Thompson: Can we get everyone's deferrals, continuances, and have one motion, one vote? Chair Suarez: Yes. Ms. Thompson: Thank you. Chair Suarez: We'll -- I'll -- you know, once they're -- we're done with the Administration, I'll come back to the Commission. Ms. Thompson: Okay. Chair Suarez: Kind of -- right. So is that -- is everyone on the same page? SR.5, FR.1, and DI.4, right? Commissioner Spence-Jones: DI.4, one second. Let me just double check. Yeah, and I also -- I asked the Manager for DI.2 -- Ms. Thompson: I'm sorry. Commissioner Spence-Jones: -- and DI.3. Ms. Thompson: I'm sorry. Chair Suarez: Wait, wait, wait. Ms. Thompson: Commissioner, your microphone. Commissioner Spence-Jones: I asked for -- I asked -- Ms. Thompson: Thank you. Commissioner Spence-Jones: -- the Manager for DI (Discussion Item) -- Mr. Martinez: DI.2 -- Commissioner Spence-Jones: -- and DI.3. Mr. Martinez: -- and DI.3 (UNINTELLIGIBLE). City of Miami Page 7

8 Commissioner Spence-Jones: Okay, just want to make sure. Chair Suarez: Okay, so it will also be DI.2 and DI.3 that will be continued -- Commissioner Spence-Jones: Yes. Ms. Thompson: Is it --? Chair Suarez: -- or deferred? Ms. Thompson: That's what we need to know. Can we find out if it's --? Chair Suarez: What are the dates on DI.2 and DI.3, Mr. Manager? Mr. Martinez: Defer to March 22. Chair Suarez: March 22. Ms. Thompson: Thank you. Chair Suarez: Any further comments, questions, additions, subtractions? Commissioner Carollo: Yes. Mr. Chairman. Chair Suarez: You're recognized. Commissioner Carollo: Thank you. It's not a deferral. I just want to be able to table RE.5 till after lunch. Chair Suarez: RE.5, let me just note it. Commissioner Carollo: Yeah. Chair Suarez: But I have no issue with that, of course. Commissioner Carollo: And we don't need a motion for it, but I just want to -- Chair Suarez: No. Commissioner Carollo: -- since we're -- Chair Suarez: To put it on the record. Commissioner Carollo: -- discussing this, I just want to mention that. Chair Suarez: Perfect. Thank you. So we'll do that. We'll take that up after lunch. So the motion is to defer SR.5, FR.1, if there will be a motion, DI.2, DI.3, and DI.4. Does someone make that motion? Commissioner Gort: Move it. Commissioner Carollo: So move. Chair Suarez: Moved by Commissioner Carollo, second by Commissioner Gort. Any further City of Miami Page 8

9 discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Carollo: I just want to verify the deferrals on each one -- Chair Suarez: Yes. Commissioner Carollo: -- until when will it be? Chair Suarez: Can -- Madam Clerk, can you -- Commissioner Carollo: In other words, SR.5 -- Chair Suarez: Yeah. Commissioner Carollo: -- FR.1. Chair Suarez: Can you read out the dates for each deferral? Ms. Thompson: Yes. According to my notes here, SR.5 is continued to April 12. FR.1 continued to April 12. DI.2, 3, and 4 are all deferred to March 22. Commissioner Spence-Jones: Yes. Chair Suarez: Sounds good. Okay, there's a motion and a second. Any further discussion? Hearing none, all in favor, signify by saying aye. The Commission (Collectively): Aye. City of Miami Page 9

10 PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION Department of Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $670,000, FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT RESERVE ACCOUNT TO THE CITY OF MIAMI DEPARTMENT OF CODE ENFORCEMENT, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONDUCT CODE ENFORCEMENT ACTIVITIES IN THE ELIGIBLE TARGET AREAS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE Summary Form.pdf Notice to the Public.pdf Map of CDBG Eligible Areas.pdf Budget Comprising of Staff.pdf Violations from Staff 2010 & /23/12.pdf Legislation.pdf 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 Chair Suarez: PH.1. George Mensah (Director, Community Development): Good morning, Commissioners. Commissioner Spence-Jones: Good morning. Mr. Mensah: George Mensah, director of Community Development. PH.1 is a resolution authorizing the transfer of Community Development Grant funds, in the amount of $670,000, for the City of Miami economic development reserve account; allocating said funds to the City of Miami Department of Code Enforcement to conduct code enforcement activities in eligible target areas. Chair Suarez: Thank you, Mr. Mensah. This is a public hearing item; opening up it for the public hearing. Mr. Cruz, you're recognized for the record. Mariano Cruz: Yes. Mariano Cruz. I am coming here as ABDA (Allapattah Business Development Authority), 2634 Northwest 21 Terrace. I am the Chairman of ABDA, Allapattah Business Development Authority. I know this isn't a way -- an exercise of futility 'cause all of these projects already -- the cake already have been already -- the ingredients inside and bake everything; just ready for it to be approved. But I question the monies of Community Development going to something that should be fund by the general fund. Why don't you -- we City of Miami Page 10

11 put ABDA and all these in the general fund, like the Liberty City Trust, like the Virginia Key Beach, like the park and different things in the general fund, 'cause Allapattah contributes a lot of tax money to the City, a lot of tax. I talked to one businessman on 7 and 29 and he showed me his tax bill; just to the City, over $10,000. Come on, we contribute a lot of money. And the money of Community Development should be used mostly for economic development, not even for social services. But then you go here and go to MRC (Miami Riverside Center), the second floor, Administration, 20 percent (UNINTELLIGIBLE). Now almost $700,000 for the Code Enforcement. Why don't they use the money from the general fund for Code Enforcement that it should be and leave the money, Community Development, where it should be, for community development, for jobs. Here in Allapattah we got a lot of places that don't always (UNINTELLIGIBLE) -- they're the one that are down to a skeletal people 'cause they have to lay off people. No business. And we -- and I know because I am on the street. I am not in the MRC looking at the boats or here looking at the boats in Dinner Key. No, I am in the street. I talk to businessmen every day and they told me that the situation is really bad. And now the money for economic development is going to the general fund. Okay, we like to be funded through the general fund too. Are we different like Liberty City Trust or to the Virginia Key Beach? No. We should be the general fund, okay. Let's do it. Let's trade it, okay. Let's give -- the economic development, that should go to Allapattah. Give that money to whatever it is and then leave -- give us money from the general fund 'cause the Liberty City Trust get the money. And the other day, they got the budget seven months later that they were supposed to have, seven months later. Supposed to be in September and the other day they present the budget. Ah, come on. Don't tell me about -- I don't want to be treated better or worse; parity, equality. Treat me the same 'cause it's taxation and representation. But anyway, I think this is in a way an exercise in futility 'cause everything already they have here they talking about the employees. No. You should worry about the residents of the City of Miami, taxpayers or not, 'cause I don't pay taxes, but I pay solid waste fee. I am retired. I consume something in Allapattah and paying taxes, okay. So everybody know there's nothing more certain than death and taxes. As a matter -- Mr. Sarnoff, I am reading a Tale of Two Cities too. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: Okay, thank you. Bye. Chair Suarez: Any other member from the public wishing to discuss PH.1? Any member from the public wishing to discuss PH.1? Seeing none, hearing none, the public hearing on PH.1 is closed; coming back to this Commission. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. I move it for discussion. Chair Suarez: It's been -- Commissioner Spence-Jones: Second. Chair Suarez: -- moved for discussion. Second by Commissioner Spence-Jones. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. This is an issue that, for some time now, I've been asking for information, because what Mr. Cruz said is right on target. I mean, the most important individuals or people are our residents of the City of Miami. And in order for us to make prudent decisions, we need information. And when I receive information, I just don't put it aside and forget about it. Or when I request information and it's not given to me, I don't just City of Miami Page 11

12 forget about it, you know. When I ask for information, it's for a reason. With the information that we have gathered, that we have received thus far, I've been able to substantiate, and I spoke to the Manager about it. One of my main issues, and that's that we were not being focused on the main concerns of the citizens. Now, Mr. Manager -- you know, I'll yield to you -- you know, we had a good discussion. I showed you yesterday exactly from the information that we received substantial information regarding exactly what I was saying about the focus of our citizens. At the same time, you know, two, three -- I don't know how many Commission meetings ago, I showed all those pictures, you know, which is a key focus in Little Havana, I mean all the illegal dumping. With that said, I don't know how much discussion you want to have on it, Mr. Manager, or not. I'm here willing to discuss it, but I need to make sure that the Administration knows that we need to refocus our energies, especially with Code Enforcement, on our citizens, you know, which really affecting them, all those illegal dumpings, instead of some of the minor stuff that we both looked at each other and kind of, you know, laughed because, you know, that is not the important issues to our residents. Johnny Martinez (City Manager): I agree with you. With our limited resources and funds, we should be focusing on high priority, big-ticket items. And when all of that gets done, and then we can focus on -- I don't want to say petty -- the less important community detrimental items, but focus on illegal dumpings and high priority things that damage the quality of life for -- of our neighborhoods. Commissioner Carollo: Exactly, and that's been my point all along, but in order for us to be able to really substantiate and see if we are correct or if not, we needed valid information, and that's all that I've been trying to do. Because, yes, I do put up a fight with our residents, especially when I hear from them and they're telling me, Commissioner, go any time in the district. Look, there's illegal dumping here, there's illegal dumping there. And we've been out there. We took the pictures. We actually saved some additional pictures that we're not going to show today, but we could have shown, and I kind of wanted to be courteous to my colleagues who have been here for at least an hour. Thank you. Chair Suarez: Thank you, Commissioner. Commissioner Gort. Commissioner Gort: You know, illegal dumping is a problem that we've been having in this city for a long, long time. And I think a lot of times I've been meeting with the different groups. I think we need to bring all the different departments together, which I think they're finally working on a plan on how to exercise it and work as a team all those involved with it. I think one of the major problems we have, we pick up too much trash. I think people know that the trash gets picked up on Thursday in my neighborhood. Some other neighborhoods they get picked up on Tuesday. Next day, people already dumping trash. I mean, this is something that we've been trying to fight for a long time. We've been working. I think that finally the Administration's putting their team together. I sat down with the team. I made some suggestions to them, some changes that should be made. And also, we need to look at the -- people need to come and tell us -- a lot of times the neighbors are the one that doing the illegal dumping, but nobody want to come forward and say my neighborhood did it or someone did it. They call you and they pick up. I think you're right, but I think it's (UNINTELLIGIBLE) to understand also that some of the funds that we have are utilized in the neighborhood where they're qualified to be used. And I would like to, Mr. -- George, later on, do you -- specify the different funding, how they can be used, and the destination where they should go so people will have a better understanding how the CDBG (Community Development Block Grant) funds are utilized. But I think you're right, we need to bring the teams together and people have to work in team. Chair Suarez: Thank you, Commissioner. Commissioner Spence-Jones. Commissioner Spence-Jones: Yes. Thank you, Mr. Chairman. Just two little things that were put on the record that I think are extremely important to clear up. City of Miami Page 12

13 Commissioner Carollo: Thank you. Commissioner Spence-Jones: One, which came from the public. Every time we have these meetings, things are said on the mike and, you know, if we don't clear them up, then people walk away thinking it's truth. So I just want to clear up two things, and I want to be clear with my Budget director. Comment was made by public that Liberty City Trust, along with Virginia Key Beach Trust, received money from the general fund. I just want my Budget director to put it on the record because that was -- that's a false statement. So I want to just be clear on that before I make my points. Daniel Alfonso: Daniel Alfonso, Budget director, City of Miami. The Virginia Key Trust and the Liberty City Trust do not receive general fund monies for fiscal year '11/'12. Commissioner Spence-Jones: Okay, I just needed to -- I thought it was important to communicate that 'cause we can't -- we just can't allow for stuff to be said that's not truth. The other thing that I want to say -- I'm just glad that we're resolving this issue today. I really do feel that the situation got a little out of hand and it was a little ugly. And I just think it's always important -- and I understand my colleague's point, is that we do want the information, we want the right information, but we got to figure out a way to do it without hurting people and that was my concern. It didn't make any sense for us to have this major disagreement between the Commission and staff. So I just want to -- I hope and pray that as we move forward, that we find a better way to resolve this with -- 'cause I hate to see us getting to the point where there's a -- this kind of disagreement. So at this point, I don't want to say anything else about it. I'm just glad that we're resolving it today because I don't want us to have any issues with HUD (Department of Housing and Urban Development) or any issues with our budget on this issue. So I believe, Mr. Chairman, we had a motion and a second on the item already, correct? Commissioner Gort: Yes. Commissioner Spence-Jones: Okay. Chair Suarez: Yes, Commissioner. Commissioner Spence-Jones: So I think we're -- at this point we're ready to take a vote. Chair Suarez: Any further discussion from any other members of the board? Hearing none, all in favor, signify by saying "aye." The Commission (Collectively): Aye. PH Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE ALLOCATION FOR PROGRAM YEAR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS, IN THE AMOUNT OF $12,163,466, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 13

14 Summary Form.pdf Notice to the Public.pdf Legislation.pdf Exhibit 1.pdf Motion by Commissioner Spence-Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence-Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Item PH.2 was deferred to the Commission Meeting scheduled for March 22, Chair Suarez: PH.2. George Mensah (Director, Community Development): PH.2 is approving the allocation of program year 2012/2013, HOPWA (Housing Opportunities for Persons Living with AIDS) funds, in an amount of $12,163,466, and the attachment was provided in your -- we have to come back because there was a reduction in the amount which exceeded $258,000 and that requires a new public hearing. Chair Suarez: Thank you. This is a public hearing item. Anyone from the public would like to discuss PH.2? Anyone from the public on PH.2. Hearing none, seeing none, the public hearing on PH.2 is closed; coming back to this Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Spence-Jones: So moved. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence-Jones. Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. The reason why I want to discuss this item is because we briefly discussed parts of this item in the last Commission meeting. When I mentioned that in HOPWA they receive 3 percent Administration revenues or 3 percent of their revenues they received for Administration, where in the others it's 20 percent. At that time, Mr. Mensah, you mentioned that you have a report that was very telling and all this, blah, blah, blah, and that you would provide it to me, to my office, and to this Commission. I have not received that report. And in order for me to believe in what you and the Administration says, when you say point blank, yes, Commissioner, I have the report; it will be forwarded to your office and I still don't receive it, again, how can I take a vote when I don't have all the information. And if you remember the conversation, it was about the 3 percent, the Administration, all that, which is right into the funding here. Mr. Mensah: I remember the conversation very well, Commissioner. The conversation was on a discussion item that is on the March 22 agenda. That report has been forwarded to Agenda and you're supposed to receive it when the agenda -- it's at agenda distribution. Commissioner Carollo: Okay Mr. Mensah: I -- that's -- City of Miami Page 14

15 Commissioner Carollo: But on the record -- and I had staff just listen to, you know, what was said on the record -- that's not what was said. Mr. Mensah: I understand. But Commissioner, you have to note that I claim responsibility for it. I know that there's a method by which items get to all Commissioners. At the time on Tuesday -- on that Thursday, I know that I said I will forward it to your office and I was in the process of forwarding it. I -- most of last week I was not here and I'm sure you are aware that I wasn't here last week trying to get funding for -- Commissioner Spence-Jones: DC (District of Columbia). Mr. Mensah: -- for Community Development. I was in DC. And so when I came back, there are other issues that I was in and I didn't get you -- by the time I got to that issue, I know that on Friday the agenda was going to printing, so I said well, every Commissioner is going to get it anyway. So my apology for not sending it to you earlier, but this is an item that you get. But that has nothing to do with this item. This item is the distribution of funding. That is a discussion item that the partnership -- the AIDS (Acquired Immunodeficiency Syndrome) partnership wanted the City Commission to be aware of the various issues relating to AIDS in our districts and that is what I discussed about. Commissioner Carollo: So you mean to tell me that PH.2 has nothing to do with administrative -- Mr. Mensah: No, not -- Commissioner Carollo: -- funding? Mr. Mensah: No. This have nothing to do -- PH.2 -- yes, this has (UNINTELLIGIBLE). Commissioner Carollo: Of course. Mr. Mensah: I'm not talking about. I'm talking about the reports that I mentioned is not related to this item. The report I'm mentioning is related to the discussion item that is on March Commissioner Carollo: Right, right. Mr. Mensah: -- agenda. Commissioner Carollo: Yeah, but see, there's been a long history of this confusion with CDBG that's starting to cause me to read more and more and more on it so I get more and more familiar with it. Like last time when we mentioned as far as the timeliness test and, yes, the Code Enforcement prolonging it for two weeks and this. So it's causing me to read up more and more and more on it 'cause there's always this confusion. I clearly remember in the last Commission meeting you said you will provide this report. Why? Because this report will show how, yes, even though it's 3 percent, that most of -- and this program is countywide, correct? Mr. Mensah: Yes, that's correct. Commissioner Carollo: But most of them are in the City of Miami and all this and how it was going to have very telling information. Well, I was looking forward to this report 'cause I knew that this vote was coming and I have not received that report, so again -- and give me just one second. Mr. Manager, let me ask you a question. Last Commission meeting I promised I would send you various information. Did I send that information to you? Johnny Martinez (City Manager): Yes, you did. City of Miami Page 15

16 Commissioner Carollo: Okay. See, I'm big on that. If I give my word and I said this is what I'm doing -- I mean, yes, listen -- Mr. Mensah: Commissioner, I apologize. Commissioner Carollo: -- anything is possible. Mr. Mensah: It's my fault. It's my fault. I take full responsibility for it. I apologize. That report is in the agenda package that will be sent to all Commissioners. If you want me to send it right now after this meeting, I will go to the office and then make sure you have it. I apologize. Commissioner Carollo: Well, the thing is I need that information to vote on this item. Commissioner Spence-Jones: Mr. Chairman. Mr. Martinez: Can we table --? Chair Suarez: Yes, Commissioner Spence-Jones -- Commissioner Spence-Jones: Mr. Chairman. Chair Suarez: -- you're recognized. Mr. Martinez: -- the item? Commissioner Spence-Jones: Okay, let me just say this. And I understand that Commissioner Carollo -- I mean, I understand that Commissioner Carollo has an issue with this. I just don't want us to do 20 minutes of staff being badgered about this, so if we can defer this item -- as a matter of fact, if we would have known this from the beginning of the meeting, you know, we could have deferred this item until you got the information -- until all the Commissioners got the information. So Mr. Chairman, can we just go ahead and defer this item for now -- Chair Suarez: Sure. We have a -- Commissioner Spence-Jones: -- so that we can carry on -- Chair Suarez: Wait, wait. Wait, wait. Commissioner Spence-Jones: -- the business of, you know, what we need to do on the agenda today? So George, if you can brief -- can we defer this item till the next City Commission meeting? Is that going to be an issue? Do we have a timing issue on this? Chair Suarez: Hold on. Mr. Mensah: Well, the agency have to -- this April 1 is when this money start using. The agency have to get their contracts. The City Manager has to sign it. And there (UNINTELLIGIBLE) before they can get funding, but definitely. It's my fault. I should have provided the report. Commissioner Spence-Jones: Okay. Mr. Mensah: I intend to provide it, but some of those things that I didn't provide. So we can defer it and then we can be able to -- Commissioner Spence-Jones: Okay. So Mr. Chairman, are you -- City of Miami Page 16

17 Chair Suarez: Yes. Commissioner Spence-Jones: -- okay that, Commissioner Carollo, if we can chair -- I mean, defer it until the next meeting? Chair Suarez: Commissioner Gort has a motion. Would you withdraw your motion, Commissioner? Commissioner Gort: I guess I have to, yeah. Chair Suarez: No, you don't have to do anything. Would you withdraw your second, Commissioner Spence-Jones, on the motion to --? Commissioner Spence-Jones: I withdraw. Chair Suarez: Okay. There is no motion on the floor now. Is there a motion to defer, table? What do you want to do? Commissioner Spence-Jones: So moved. Commissioner Carollo: I make a motion to defer this item to the next Commission meeting. Chair Suarez: It's been moved by Commissioner Spence-Jones, second by Commissioner Carollo. Any further discussion? Hearing none, all in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Moved to the next meeting. Now, I just want to -- Commissioner Carollo: Thank you, Mr. Director. Chair Suarez: -- make a point of clarification here that, you know, we have a procedure to, you know, provide information, ask questions, and it's found in our code, Section I think it's -- actually, no. It's Let me make sure I have the right section. 2-33, I apologize. 2-33(g), and it says very clearly -- first of all, we all know about the five-day rule, so everyone's clear here that there's a five-day rule, and if any Commissioners doesn't get information within five days, they can invoke the five-day rule. Secondly, this is something that I don't think many people do know. G of Section 2-33 says all notices of all intentions to ask questions, together with a copy of such questions, shall be given to the City Manager five days before each regular meeting. And all questions of policy presented to the City Commission by the Mayor, the City Manager, or any departmental head, notice thereof, together with a copy of questions supported by memorandum setting forth the rules of action by the City Commission shall be filed three days before the meeting and given to the Mayor and each member of the City Commission. So there is a procedure for getting information and also for asking for information from the Administration and, you know, we may not have known about it. I don't think I had known about it until recently. It's an ordinance. It's one that we should follow. Whether it should be five days -- it may not be very practical if we get the information in five days that we have to submit the questions five days in advance, but it might make sense to this body to change it to three days. I don't know what the Commissioners feel like, but we can address that at some later time. We're going to have some rules of order that are going to be coming before us for a vote soon. Commissioner Gort. Commissioner Gort: Let me ask a question. City of Miami Page 17

18 Chair Suarez: Yes. Commissioner Gort: The questions asked of the Administration during these procedures, that complies with the five, ten, or whatever days you want to put. Am I correct? Chair Suarez: What the -- Commissioner Gort: I mean, you could either do it in writing or you can do it vocal during a meeting. Chair Suarez: What the ordinance says is that whether the questions we ask in writing or orally, or whatever, they have to be asked five days before each regular meeting. Commissioner Carollo: Mr. Chairman. Commissioner Gort: Excuse me. I haven't finished. Commissioner Carollo: Okay. Commissioner Gort: And I agree with it and I think it should be so we're all aware. My understanding is right now, every time we ask a question, the question goes to all the Commissioners and the answer goes to all the Commission [sic] so everybody will be aboard. Now what I'd like to stress is it's very important for the Administration to understand that whenever a question is asked here, we need to get answer. I've always been very courteous on that, but I've asked questions; we have not received the answers, and I've got to go two and three times. And I think if they cannot provide an answer at that time, at least they should send a note the reason why they cannot provide that answer. I think it's important when we ask for something -- Chair Suarez: Absolutely. Commissioner Gort: -- that we get the response. Chair Suarez: Thank you. Commissioner Carollo. Commissioner Spence-Jones: Mr. Chair. Commissioner Carollo: Thank you, Mr. Chairman. Chair Suarez: And then I'll -- Commissioner Spence-Jones. Commissioner Carollo: And I don't want to lose track of big picture here because, you know, sometimes we start going to the other extreme or we become so strict that it's not as pragmatic as it should be -- and I'll tell you why. This is something that wasn't three days ago, five days ago. This is something from the last Commission meeting on this dais -- Chair Suarez: No, no, no, no. Commissioner Carollo: -- you know, that -- you know, it's on the record, and it's information that either I requested or I was told, point blank, will be provided because it is crucial to this information, the information that, today, we're supposed to vote on and then I don't receive it. So it really -- you know, I don't want to take it to the other extreme, you know, where it starts -- it stops becoming pragmatic and it becomes hard to work efficiently. For instance, I know usually I have my meetings with the Administration on a Tuesday, you know, on the week of Commission meeting. That's what, two days? So you understand what I'm saying. City of Miami Page 18

19 Chair Suarez: Yeah. Commissioner Carollo: You start putting everything in writing and asking the questions way ahead of time and, you know, it may not be pragmatic, but this is very simple. In the last Commission meeting, on the record it was told to this Commission that the information will be provided; it was not provided, and I'm just bringing it up to their attention. Just like -- I'll give you another example. Just like December -- January of 2010 or January of 2011, I requested and this Commission voted unanimously to put in the reserve the amount for Code Enforcement and I asked for the information. That wasn't three days. That wasn't five days. That wasn't ten days. That wasn't three months. That was over a year. And until recently I received the information. Chair Suarez: No. And I think your point is well taken and I think it certainly complies with the ordinance in terms of, you know, asking for something two weeks in advance and not getting the answer. You know, I'm just -- I just wanted to highlight that there is a procedure. I -- many of you may not even known that, that there is a law, an ordinance on our books that requires us to submit the questions five days in advance. You know, it may be impractical, it may be difficult, but it's the law right now. So either we change it and make it a little bit more practical by saying maybe two days in advance or three days in advance, but the fact of the matter is right now that's what the law says, you know, and you know, I thought we were a body -- I think we are a body that will try to do everything we can to follow the law. It also -- the practical benefit to the Administration is they get the questions in advance and they have an opportunity to, you know, come up with an answer and are not surprised at the Commission meeting. Commissioner Spence-Jones. Commissioner Spence-Jones: Okay. The only thing that I'm saying -- no one's wrong up here. Everybody's right on the issue. I just think that as we move as a Commission, that no matter who the person is, we still show courtesy and respect. And the viewpoint that I was trying to make, Commissioner Gort, was I agree with, you know, the fact that the Administration should provide the information in a timely manner. And if we're expecting to have it, you know, at a Commission meeting, we want that information prior to it. But I'm saying that, you know, as a Commissioner -- I can't speak for anyone else. I'm just speaking for myself -- when I see that there's an item that I'm not comfortable with or I haven't gotten information on, the first thing that I do is I start the meeting off saying defer the item. I don't wait for the item to come up and then say okay, I got a problem with this 'cause I haven't gotten that, I haven't gotten this, I haven't gotten that. And I'm just simply saying, let's just be respectful of individuals. That's -- of each other. You saw that I started the meeting off, Mr. Chairman, I said -- Commissioner Carollo, I said look, these two items, I know I got a problem with. I want to remove them now because I didn't get all the information that I needed to have because I'm respecting not only the City employees, but I'm respecting my colleagues. So I'm just saying let's show more courtesy and respect to each other. That's all I'm saying. I don't want us to be -- I don't think that anything needs to change from the standpoint of what we're [sic] already been doing; Commissioner Gort is absolutely right. I'm just saying can we infuse some courtesy and respect in the midst of it. The second thing that I want to add is -- as far as the Manager's concerned, as you know, we were in DC, and I'm going to give a briefing of what came out of that HUD (Department of Housing and Urban Development) meeting. But I thank the City Manager for allowing for Mr. Mensah to come with us 'cause I couldn't really explain to HUD what was really happening here. And Mr. Mensah had to prepare reports and be prepared to talk on issues saving our CDBG funds that we're already losing and we had two days of trying to make that happen. So you know, I understand you don't have what you need to vote on this particular item. All I'm just saying, let's just show some courtesy and respect to each other 'cause no person is greater or smaller in here, so that's all I'm saying. I don't want this issue to go on and on and on. I'm just simply saying, if we're going to defer it, let's defer it and keep it moving. City of Miami Page 19

20 Chair Suarez: Thank you, Commissioner. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And I sort of agree with Commissioner Spence-Jones, except for consistency. You know, Commissioner Spence-Jones, that's what I did in the last Commission meeting and it didn't work. We had all this debate and all I simply did in the beginning of the meeting, just like you said, out of courtesy to my colleagues, all I said is can I defer item so and so, which was Code Enforcement. Commissioner Spence-Jones: But that -- Commissioner Carollo: And they came up and there was a whole debate. Commissioner Spence-Jones: Right. But the point is -- Commissioner Carollo: So -- Commissioner Spence-Jones: -- you're talking about a -- I'm trying to be respectful -- different item so let's not confuse the two. We're talking about the HOPWA -- our HOPWA funds that has something to do with providing support to AIDS-based organizations. Quite frankly, for me it's extremely important 'cause in my district, I'm the number one in the country, so every dollar that, you know, I don't have made available, you know, through this process, you know, somebody's not getting served, but that's okay. I'm fine with that. I'm just simply saying let's just be respectful and let's just show common courtesy and that's it. If you had an issue in the very beginning of this particular meeting, all I'm saying, Commissioner Carollo, is just as I did on three or four items, just say to the Manager, let's defer the item; I haven't gotten the information. Just let's be respectful. That's it. Chair Suarez: Thank you. I think we should discontin -- Commissioner Carollo: Yeah. But Mr. Chairman, again, I don't think I've been disrespectful to anybody here, you know. I don't believe I've been disrespectful to anybody here. And as a matter of fact, exactly what you're asking me to do is what I did in the last Commission meeting. Regardless, the issue is not the item. The issue is that the information wasn't provided and you're just asking me, instead of having the director come before us and say hey, the information wasn't provided, that at the beginning of the meeting that I ask for a deferral. I did that the last Commission meeting -- Commissioner Spence-Jones: But you didn't -- Commissioner Carollo: -- and we still had a big debate so. Commissioner Spence-Jones: -- do it on this item. That's the point. You did it on another item, which is great. I understand that. We're talking about this particular item right now. This item you're -- we could have done in the beginning of the meeting if you hadn't gotten the information. That's all I'm saying, is that we want to keep the meetings moving, but we want to just be -- I don't want City employees to get up -- when they're wrong, I'm the first one to chew them out, but you know, if it's something that we need to give them time to handle, let's let them do it. Chair Suarez: Thank you, Commissioner. Commissioner Spence-Jones: We don't win from us not working together. Chair Suarez: Thank you. Commissioner Carollo: And, listen, I'll just leave it at that. But the truth of the matter is, you City of Miami Page 20

21 know, that's what I did in the last Commission meeting. It still garnered a lot of debate, so I don't think, you know -- and I know her intentions is, you know, let's just keep the Commission -- Commissioner Spence-Jones: But I still love you. Commissioner Carollo: Anyways, let's just move on. Chair Suarez: There's a motion to -- Commissioner Gort: Wait a minute. Chair Suarez: Yes. Priscilla A. Thompson (City Clerk): They're all done. Chair Suarez: Commissioner Gort. Commissioner Gort: Just one more question. Chair Suarez: Sure. Commissioner Gort: My understanding is, and then you correct me if I'm wrong, the question is what percentage of the funds from CDBG goes to Administration. My understanding at one time, what the Commissioner would like to know -- and correct me if I'm wrong. I don't want to put word in your mouth -- if you get 3 percent for this one, 3 for the other one, and 20, what's the total percentage that we get? I think that's what the question is. Am I correct? Mr. Mensah: In total -- what happens specifically, there's a 3 percent that goes really to Administration. There's also an additional 7 percent that is a program delivery cost that is used to pay for staff, that work that I do on the program. But in total, like I indicated at our last meeting, if you look at the expenditure of Community Development fund -- the whole Community Development department and compare it to the Administration, the average is about 8.86 percent, taking everything that we manage and then dividing it by the amounts that we spend on Administration. Chair Suarez: Thank you. Commissioner Gort: Thank you. Chair Suarez: We've already voted on the deferral, according to the City Attorney -- I mean the City Clerk. PH Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING AGREEMENT BETWEEN THE CITY OF MIAMI AND ASPIRA OF FLORIDA, INC., FOR THE PERIOD COMMENCING APRIL 1, 2012 AND ENDING SEPTEMBER 30, 2012, FOR PUBLIC SERVICE ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 1 TO SAID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 21

22 Summary Form.pdf Notice to the Public.pdf Legislation.pdf Exhibit 1.pdf Motion by Commissioner Spence-Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence-Jones Absent: 1 - Commissioner(s) Sarnoff R Chair Suarez: PH.3. George Mensah: Again, George Mensah, director of Community Development. PH.3 is an item -- a resolution authorizing the City Manager to extend the agreement between the City of Miami and Aspira of Florida, Incorporated, to commence April 1, 2012 to September 30, 2012, for public service activities. Chair Suarez: Thank you. This is a public hearing. Anyone from the public wishing to discuss PH.3? Seeing none and hearing none, the public hearing is closed, coming back to this Commission. Is there a motion on PH.3? Commissioner Gort: Move it. Commissioner Spence-Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence-Jones, second by Commissioner Gort. Any further discussion? Hearing none, all in favor, signify by saying "aye." The Commission (Collectively): Aye. PH.4 RESOLUTION Department of Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, TOTALING $362,000, IN THE AMOUNTS AND TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING SAID FUNDS FROM THE DEPARTMENTAL IMPROVEMENT INITIATIVES FUND, CITY-WIDE POVERTY INITIATIVES PROGRAM, ACCOUNT NO ; P , A-1255, T-01, E-AID TO PRIVATE ORGANIZATION, O ; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE Summary Form 03/08/12.pdf Legislation (Version 2).pdf Exhibit 1 03/08/12.pdf Exhibit1-SUB.pdf City of Miami Page 22