Loading...
20161118 AAAfter Action November 18, 2016 Special City Commission Meeting City of Miami Beach Page 1 of 9 Commission Meeting (Special) City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive November 18, 2016 - 2:45 PM Mayor Philip Levine - Absent Commissioner John Elizabeth Alemán Commissioner Ricky Arriola Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Kristen Rosen Gonzalez Commissioner Micky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the Office of the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the Office of the City Clerk. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to an alternate meeting. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. AFTER ACTION Meeting called to order at 2:51:32 p.m. by Vice-Mayor Malakoff. Pledge of Allegiance given by Fire Chief Virgil Fernandez. ADDENDUM MATERIAL 1: R9 C SUPPLEMENTAL MATERIAL 1: R9 A Additional Information After Action November 18, 2016 Special City Commission Meeting City of Miami Beach Page 2 of 9 City Clerk’s Note: Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda item R9 C was not approved by Mayor Levine to be placed on the Commission Agenda. As a result, a 5/7th vote of the City Commission is required for its inclusion in the Agenda. After discussion, the City Commission, by a vote of 2-4 did not consent to add item R9 C to the Agenda. Sec. 2-12(3) Reads: Addendum agenda items – Any item not included in the agenda submitted to the Mayor and City Commission on the initial print day must be submitted by the City Clerk to the Mayor for a determination whether the item is to be placed on the Agenda as an addendum item. If the Mayor declines to place the item on the agenda as an addendum item, then the item shall be submitted to the City Commission for a vote and the item shall only be considered at the City Commission Meeting upon a finding by the City Commission, by a five-seventh (5/7) affirmative vote. 2:52:19 p.m. Rafael E. Granado, City Clerk, announced that Addendum Item R9 C requires a 5/7 votes of the City Commission to be included on the Agenda. 2:50:01 p.m. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Steinberg, to add item R9 C to the Commission Agenda. Voice vote: 2-4; Opposed: Commissioners Alemán, Arriola, Grieco and Vice-Mayor Malakoff; Absent: Mayor Levine. REGULAR AGENDA R7 - Resolutions 2:53:20 p.m. R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SIXTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2015/16. 2:46 p.m. Public Hearing Budget and Performance Improvement ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016-29653 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Grieco. Voice vote: 6-0; Absent: Mayor Levine. Cintya G. Ramos to handle. RECOMMENDATION: Ensure accurate model projections going forward in the budget process. Cintya G. Ramos, Budget and Performance Improvement Director, stated that this item is a final amendment to the FY 2015/16 Operating Budget. The City is required within 60 days of the end of the Fiscal Year to balance every department budget. Based on the preliminary year-end analysis, there are three departments in the General Fund and one Special Revenue Fund that require adjustment, and are reflected in the amendment. After Action November 18, 2016 Special City Commission Meeting City of Miami Beach Page 3 of 9 DEPARTMENTS REQUIRING BUDGET AMENDMENT ADJUSTMENTS: Police – The department is preliminarily estimated to be above the amended budget by approximately $311,000. The variance is primarily due to increased usage of Police overtime and includes an allowance for expenditures that may post as the year-end numbers are further finalized. Fire – The department is projected to be $2.7 million above the amended budget primarily due to personnel services costs being under budgeted for the fiscal year 2015/16. During the budget development process, a salary projection model in the Eden Financial System was utilized to project personnel services costs, which included salaries and benefits for both classified and unclassified personnel. The budget also includes an allowance for expenditures that may post as the year-end numbers are further finalized. Emergency Management – This account is preliminarily estimated to be above the amended budget by approximately $347,000. This is primarily due to increases in professional services resulting from augmentation of the E-911 Call Center in the Department’s Public Safety Communications Unit (PSCU), as well as increased overtime usage for training of call takers and dispatchers driven by filling positions that have been vacant for an extended period of time. The budget also includes an allowance for expenditures that may post as the year-end numbers are further finalized. Special Revenue Funds: All special revenue funds are projected to be at or under the amended budget, except for the Normandy Shores budget, which is projected to be over budget by $13,000, primarily due to repairs and maintenance. Commissioner Arriola asked Ms. Ramos to explain the variance in the Fire Department budget. Cintya G. Ramos, Budget and Performance Improvement Director, explained that with the Fire Department there was an issue with the salary projection models at the beginning of the fiscal year, understating the salaries, and throughout the fiscal year they have been adjusting the budget to ensure that the salaries reflect the actual expenses of the Department; that is why is significantly higher. Commissioner Arriola stated that normally there is payroll, and the anticipated either new hires, or cost of living adjustment; this is a big number and he wants to know how they got there. Jimmy L. Morales, City Manager, stated that this pre-dates Cintya being here, but the Fire contract has a lot of special pays, etc., and when they ran the model for the projections, the Fire model did not take account for that. Commissioner Arriola stated that this should not happen, and asked how it happened and where they are getting the money for this. City Manager Morales stated that there was a surplus at the end of the budget cycle that covers the amount of $4 million or so, and he can get more detailed reports about what the issues were with the model, which were essentially that the budget department then underestimated what the salary was before they got the formula right, and once Cintya came onboard, they ran the model and recognized that it was not done right; this was reflected in the second quarterly report. After Action November 18, 2016 Special City Commission Meeting City of Miami Beach Page 4 of 9 Commissioner Arriola added that the second quarter would have been in January-March of 2016, and asked if this is when the issue was discovered. Ms. Ramos explained that the issue was identified when they provided the second quarterly update, which was just before she began her employment with the City. Commissioner Arriola asked how that did not make it into the budget since it was caught months ago. City Manager Morales explained that they did not bring it as a budget amendment at the time, since they presumed that at year-end, they would be able to cover it. Generally, at year-end, 60 days there is a need to balance all accounts, always knowing that some are going to be over and some under; and they figured they would have enough to do it as a budget amendment instead of doing it in the middle of the year. Commissioner Arriola stated that it bothers him, it is not against the Fire Department; but it is a significant $2.7 million miss; and if they did not have a surplus, there would be issues. This makes him nervous and lack confidence in the budget process, especially when they miss by a significant number on something that should be anticipated, especially being salary and payroll. They should be able to be closer to the number in comparison with other departments. City Manager Morales explained that there are different leadership levels in the department, and there were changes recently made; they caught the change and are confident that it will not happen again. However, he clarified that this was not a Fire issue. Vice-Mayor Malakoff stated that projections must be accurate going forward, as they need confidence. Cintya G. Ramos to handle. Handouts or Reference Materials: Ad 1232 published in The Miami Herald 2:58:36 p.m. R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2016/17. 2:47 p.m. Public Hearing Budget and Performance Improvement ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016-29654 adopted. Motion made by Commissioner Grieco; seconded by Commissioner Steinberg. Voice vote: 6-0; Absent: Mayor Levine. Cintya G. Ramos to handle. Cintya G. Ramos, Budget and Performance Improvement Director, stated that this is the first amendment to the FY 16/17 Operating Budget. At the end of every fiscal year, they comb through each department’s budgets to check expenditures against revenues. For FY 2016 they are projecting a preliminary surplus of $4.5 million, which is net from the Building Department revenues that have to be pulled out, and the $500,000 set aside for Public Safety Radio System. They are proposing to parse out the remaining $4.5 million surplus as follows: $2.2 million for the 11% required emergency reserve; a total of $1.1 After Action November 18, 2016 Special City Commission Meeting City of Miami Beach Page 5 of 9 million for encumbrances and projects for items not completed during this fiscal year; and $1.2 million for 6% optional emergency reserve. Vice-Mayor Malakoff asked for an explanation in regards to the differences between the regular and optional reserves. Allison Williams, Chief Financial Officer, explained that the 11%, which is the regular reserve, was approved by the City Commission for acts of natural disasters or any event that causes the City not to be able to operate, and by 5/7 City Commission vote they will be able to use that money. The 6% is a goal for operating, for specific reasons, if they fall short of revenue, they can use those funds. Handouts or Reference Materials: Ad 1232 published in The Miami Herald R9 - New Business and Commission Requests 3:01:08 p.m. R9 A DISCUSSION REGARDING AFFORDABLE HOUSING DEVELOPMENT OPPORTUNITIES. Commissioner John Elizabeth Alemán Co-Sponsored by Vice-Mayor Malakoff ACTION: Discussion held. Maria Ruiz to handle. Commissioner Alemán introduced Miguel Del Campillo, Executive Director, Housing Authority of the City of Miami Beach, and stated that they will make a presentation. She added that the City Commission recognizes the need and commitment to providing more opportunities for affordable and workforce housing in the City, for the best interest of residents, businesses, and other concerns. She welcomed Miguel. Miguel Del Campillo thanked everyone for the City’s support with affordable housing in the City, and how much assistance the City provides seniors and the disadvantage. He introduced Michael O’Hara who will present. Michael O’Hara, Housing Development Programs Director, stated that currently they have 488 units in the City, and the Housing Authority is focusing on new development opportunities in the North Beach section. There are three main parcels in the City, one at 165 to 185 South Shore Drive, adjacent to the golf course, and they are in the preliminary planning stages on all these properties. Architects have calculated the maximum development and potential of the properties. The golf course property, if developed for elderly housing would be approximately 48 units; for family affordable housing, it would be 36 units; with the possibility of workforce or market rate for 27 units. In addition, across the street, 280 to 330 South Shore Drive, on the waterway side, and in using the same categories, elderly would be 64 units; family affordable 48 units; and market rate or workforce would be 33 units. If these were to be developed, the Housing Authority would develop both parcels, with a maximum of about 100 units. The other parcel is near Marseilles Drive with three parcels, 1144 to 1168 Marseilles Drive; one is a vacant lot with two buildings next to it, and if the Housing Authority were to develop the property keeping the existing buildings, elderly housing they could do 30 units; family affordable 32 units; and workforce or market rate 28 units. If they were to develop across all three parcels, demolishing the two buildings, they would see an approximate 35% increase in the total number of units they can develop, with elderly of about 60 units; family affordable 46 units; and market rate approximately 30 units. After Action November 18, 2016 Special City Commission Meeting City of Miami Beach Page 6 of 9 Discussion held regarding market rate. Commissioner Alemán stated that her aide distributed to the City Commissioners photographs that they were able to obtain today of the two one-story structures, which are designated as contributing within the National Historic District. Mr. O’Hara stated the structures were built in 1954 post-war modern. Both buildings are four-unit single story, built on slab and they are at the current time approximately 2½ to 3 feet under NGVD of eight (8) feet, which is the mark to build new construction. Commissioner Alemán asked if the eight (8) feet elevation mark is where they are going to build, and Mr. O’Hara answered that this is where they would build. Eric Carpenter, Assistant City Manager, Public Works Director, added that they are at 2½ to three (3) feet under the eight foot mark of NGVD; which is 6.44 NAVD, which is base flood elevation; therefore, 2½ does not incorporate the base flood plus one recommendation they were targeting. They must consider these items. Vice-Mayor Malakoff explained that if it were built at base flood elevation plus one, it would be 3½ to 4 feet below. Commissioner Alemán inquired what policy direction they are looking for as to preference about workforce versus affordable family, versus elderly. Mr. Del Campillo answered that they will figure out the preferences and come back to the City Commission; however, as they proceed, their mandate is to maximize the number of affordable units, and are looking to working with the City in different ways to maximize the number of units. Vice-Mayor Malakoff asked if preferences could be given to residents of the City who have been displaced through different reasons. Mr. Del Campillo stated preferences are Fair Housing questions, and they would need to look into it. Commissioner Alemán stated that there are three contiguous lots that must be used for these purposes, two of the lots have one-story contributing buildings from the 1950s; however, these structures are two (2) or three (3) feet below the target elevation, so the question is whether the City Commission is prepared to support the Housing Authority by being flexible with their plans. Should the Housing Authority’s plans include demolition or perhaps incorporate the buildings into the new design? Mr. Del Campillo has looked at both, but they have not decided which way to go, but they wanted to express to the City Commission that they would like to see maximization in the units; which can be accomplished in different ways. One of the plans is to carve some of the buildings and uniting properties, he is not sure if this is policy going forward, but in any scenario, they would like to use the potential for using their land and properties to maximize the number of units for affordable housing. Commissioner Alemán asked what would the impact of number of units be, and Mr. O’Hara stated that if the buildings were not there, there would be anywhere from 35% to 37% of the increased of the total numbers. Discussion held. After Action November 18, 2016 Special City Commission Meeting City of Miami Beach Page 7 of 9 Commissioner Rosen Gonzalez wants to understand the issue as she is not familiar with the sites. Commissioner Rosen Gonzalez was notified that the information was included Supplemental Material. An overview of the material found in the Supplemental Material was given. Michael O’Hara, Housing Development Programs Director, clarified that on Wednesday, handouts were distributed at the Land Use & Development Committee meeting and to the Office of the City Attorney; these material were included in the Agenda Packet for today. In answering Commissioner Rosen Gonzalez, he stated that there is the potential to build approximately 100 to 110 elderly units on the vacant lots. Commissioner Alemán added that the numbers are based on the type of housing and whether or not they are required to keep the existing structures. Mr. O’Hara added that family affordable units would be in or around 80 units across the two parcels. Vice-Mayor Malakoff reiterated the need in the City is for family, elderly and workforce units. City Manager Morales asked if the lots could be used for workforce, or do they have to meet the HUD criteria, to which Mr. O’Hara replied that the Housing Authority, if they use tax credit program, workforce would be 80% of income area, at maximum; where the City would like to see 120 to 140%. Commissioner Rosen Gonzalez asked if funds are coming from CBDG or HUD. Miguel Del Campillo explained that they must compete with different sources, tax credits for example, but not necessarily CDBG funds. Commissioner Alemán asked if they needed policy direction from the City Commission. Mr. Del Campillo stated that as they set out to develop these projects, and they confront impediments that would minimize the number of units, that is when they would like to seek assistance from the City; not only the Housing Authority, but also anyone who provides affordable units, could benefit from that. Commissioner Rosen Gonzalez has been talking to the Jewish Federation for possibly considering helping in some way to work with building these units, and also Louis Wolfson’s Foundation working with affordable housing, and suggested having a conversation with them as well, but she is in favor for maximizing the amount of housing and moving forward. Commissioner Alemán requested more family and workforce affordable housing, as these are the gaps that the City is facing. As far as having the flexibility to demolish possibly the two structures remains to be seen, and the Commission will continue to work with the Housing Authority through the processes. Vice-Mayor Malakoff stated that they are happy to be of assistance. To spend a lot of money demolishing and rebuilding is one thing; to put a lot of money into restoring the building and have it below sea level, does not make sense. They need to look carefully at this carefully, with minimum base flood elevation plus one foot. Jimmy L. Morales, City Manager, stated that there is a Workshop on Workforce Affordable Housing on December 9, 2016. (Clerk’s Note: On November 29, 2016, the After Action November 18, 2016 Special City Commission Meeting City of Miami Beach Page 8 of 9 City Commission agreed to postpone the Workshop to a future date.) City Manager Morales informed the City Commission that he noticed the lot at 880 71 st , southeast corner of 71 st and Bay Drive, was demolished by the owner and is now an empty lot. He distributed the prospective to the lot. He has spoken to the building official and it may be an interesting site where they could use some of the building funds to buy the lot, perhaps fund a first floor of office complex or permitting, and then the air rights above it, 50 feet high, could be contributed to a workforce housing developer, as the subsidy for workforce housing, and since no tax credits or HUD moneys are being used, different guidelines and different flexibilities exist. If the City Commission is interested, they can do perhaps study this more an even doing appraisal and bring back to the Workshop. Commissioner Steinberg wants to evaluate also the property the City has within the NESS (Police Department North End Sub-station) and the potential of building on that beautiful property, with the police on one floor, building and potentially housing on top, and suggested exploring the site on the Indian Creek area. Vice-Mayor Malakoff suggested having Commissioner Rosen Gonzalez contact the Jewish Federation or Mr. Wolfson. City Manager Morales reminded the City Commission that the Workforce Affordable Workshop Commission is on December 9, 2016 at 12:00 noon. (Clerk’s Note: On November 29, 2016, the City Commission agreed to postpone the Workshop to a future date.) Handouts or Reference Materials: 1. Development Opportunity, 880 Normandy Drive (aka 880 71 st Street), CD-2 Commercial, Medium Intensity District. 2. 1167 Marseille Dr – Google Maps 3:20:06 p.m. R9 B DISCUSSION REGARDING PROPOSED RELOCATION OF THE STORMWATER PUMP STATION ON SUNSET ISLAND NO. 4 WITHIN SUNSET LAKE PARK. Continued from November 9, 2016 - R9 H Capital Improvement Projects ACTION: Discussion held. Commissioner Alemán moved to deny any further modifications and continue with location # 2 with expediency; seconded by Commissioner Arriola; Voice-vote: 6-0; Absent: Mayor Levine. David Martinez to handle. David Martinez stated that handouts were distributed. Regarding pump station #2 location, over a year ago the HOA requested moving the pump station as far away. The HOA board has asked that they move the pump station to location #3. Click here to view slide show showing locations. Commissioner Alemán asked if the City incurred any design rework during the relocation and Mr. Martinez explained that the design had to be redesigned and there were dollars involved with that. He added that all documents produced were transmitted to the board. Presentation continued. Discussion held regarding open green space. After Action November 18, 2016 Special City Commission Meeting City of Miami Beach Page 9 of 9 Commissioner Arriola asked what the delay is, and Mr. Martinez answered that it could be one to two months. They will complete the collection system, but will not have a pump station. Inga Luccisaenis, Sunset Island IV resident, stated that the project is supposed to have been completed already, and now the HOA wants to extend the project and delay it even more. She suggested using any extra funds available and urged the City Commission to continue finishing the project, and not to jeopardize the resident’s safety; they are trying to please one HOA board member and she does not think it is fair for the rest of the resident. Peter Luria, Sunset Island III, urged the City Commission not to delay the project any further. The project has been changed and delayed; they have $2.8 million additional, but with another year to get permitting, there may be two years without a pump system. He urged them to go forward and perhaps add landscaping. Commissioner Alemán moved to deny any further modifications and continue with location # 2 with expediency; seconded by Commissioner Arriola; Voice-vote: 6-0; Absent: Mayor Levine. Handouts or Reference Materials: 1. Email from Peter Luria peterpl@bellsouth.net dated November 17, 2016 RE: Request to Speak on Agenda Item R9 B @ 11/18 Commission meeting. ADDENDUM MATERIAL 1 R9 C DISCUSS REEVALUATING THE CLOSING OF COLLINS AVENUE ON SUNDAY, NOVEMBER 27, 2016, FOR THE FAENA PARADE. Commissioner Kristen Rosen Addendum added on 11/18/2016 ACTION: Item not added by 5/7 votes. Notices 1. REQUEST TO HOLD A SPECIAL MEETING OF THE CITY COMMISSION. 2. ADVERTISEMENTS FOR THE NOVEMBER 18, 2016 SPECIAL COMMISSION MEETING. Meeting adjourned at 3:34:52 p.m.