Loading...
HomeMy WebLinkAboutCC 2003-11-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, November 13, 2003 9:00 AM REGULAR (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Johnny L. Winton, Chairman Arthur E. Teele, Jr., Vice Chairman Angel Gonzalez, Commissioner District One Joe Sanchez, Commissioner District Three Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes November 13, 2003 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA SS - SPECIALLY SCHEDULED ITEMS PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS TIME CERTAIN 5:00 P.M. D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS Present: Commissioner Gonzalez, Commissioner Regalado, Vice Chairman Teele and Chairperson Winton Absent: Commissioner Sanchez Commissioner Winton was sworn in by Mayor Manuel Diaz. Commissioner Gonzalez was sworn in by Judge Ivan Fernandez. City ofAliami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Mayor Diaz: (INAUDIBLE) swearing in of a couple of our officials that were re-elected last week. And I have the distinct honor of swearing in our Chairman, Commissioner Winton. If you'll raise your right hand and repeat after me... [oath administered]. Congratulations. Commissioner Sanchez entered the Commission Chamber at 9:19 a.m. (Applause) Chairman Winton: I guess I have to sign this, and I will be brief because we have a lot going on today. We have a full house this morning, but to my colleagues, I'll tell you that the last four years have been undoubtedly the most interesting four years of my entire life. I can tell you also that had no real view of what it would take to be a City Commissioner, butt will also tell you that I'm extremely proud to be a part of what's going on in the City ofMiami. I'm thrilled to work with our Mayor, Manager, and I'm delighted and thrilled to work with each of you Commissioners. You guys, I think we test each other all the time, butl don't think there's a more collegial body maybe in -- certainly in Miami -Dade County today than this group is. We have fair debate, but we get to decisions and we are debating the issues that are important to the long- term success of our City. And so I thank you all for the opportunity to work with you and look forward to the final four, final four. (Applause) Mayor Diaz: Next we have the District 1 Commissioner, Angel Gonzalez, who will be -- oh -- who will be introduced with one of the fine members of our bench, Judge Fernandez. Judge Ivan Fernandez: Thank you. It's always a privilege and an honor, as a Miami -Dade County judge, to swear in Angel Gonzalez. I did it last time. I'm so glad to be here today. Please raise your right hand... [oath administered] Congratulations. (Applause) Judge Fernandez: I want to present a photograph that we took on the first swearing in. Commissioner Gonzalez: Great. Thanks a lot. Good morning, ladies and gentlemen, first of all, I want to thank God for giving me the opportunity to serve my City, and our City. I also want to thank my family, my wife, my daughters, and my family for their support and for being with me all the time. (Applause) Commissioner Gonzalez: I also want to thank the residents of District 1 and the City ofMiami for trusting me, believing in me and having the confidence to have me reelected to serve as their Commissioner for four more years. It took a lot of effort from a lot of people that join me on the first election and on the second election. And among those people, I would like to recognize our Mayor, Manny Diaz, who actually gave me a great support for my reelection and was next to me all the time, working to deliver the projects that we have gotten done in District 1. I also want to thank my colleagues on the Commission that have been supportive on all the projects, on all the issues that have had in my district. I want to thank you all and want to promise you that will continue to work very anxiously to get the District 1 of the City ofMiami and the entire City of Miami to become the best City in the entire United States. God bless you all. Thank you. (Applause) City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Regalado, Commissioner Sanchez, Vice Chairman Teele and Chairperson Winton MEETING CALLED TO ORDER On the 13th day of November, 2003, the City Commission ofMiami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:49 a.m. by Chairman Johnny Winton, recessed from 11:54 a.m. to 2:43 p.m. and adjourned at 5:23 p.m. ALSO PRESENT: Joe Arriola, ChiefAdminisfrator/City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Chairman Winton: Commissioner Teele called the meeting to order earlier. But we would like to do the invocation and pledge. Commissioner Regalado is going to lead us in the invocation and Commissioner Teele in pledge. An invocation was delivered by Commissioner Regalado, after which Vice Chairman Teele led those present in a pledge of allegiance to the flag. PRESENTATIONS AND PROCLAMATIONS PR.1 03-0237 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item United Way of Miami Dade Mayor Diaz Salute Winners of Little Haiti Park Essay & Art Competitions Stephen Pierre Mathania Americain Marvin Rodriguez Desmond Wilson Gregory Joynel Ladarius Peterson Teachers recognized: Aydmara Contreras Jule Williams Wade Forbes Robert Coghlan MAYORAL VETOES Commissioner Teele Commissioner Teele Commissioner Teele Commissioner Teele Commissioner Teele Commissioner Teele Commissioner Teele Commissioner Teele Commissioner Teele Commissioner Teele Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 NO ACTION TAKEN No vetoes APPROVING THE MINUTES OF THE FOLLOWING MEETING: On motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, the minutes were unanimously approved by the Commission. Chairman Winton: Also, it's a couple of bookkeeping things. Let the record show that there were no mayoral vetoes, and we need approval of the minutes of October 9th, 2003. Commissioner Sanchez: So move. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. CONSENT AGENDA CA.1 03-0113 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE PETITION SUBMITTED TO THE MIAMI-DADE COUNTY COMMISSION BY BISCAYNE DEVELOPMENT PARTNERS, LLC ("PETITIONER") FOR THE CREATION OF THE MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT FOR THE APPROXIMATE 56 ACRE SITE ("SITE") BOUNDED ON THE NORTH BY NORTHEAST 36TH STREET, ON THE WEST BY THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, ON THE SOUTH BY NORTHEAST 29TH STREET AND ON THE EAST BY NORTH MIAMI AVENUE, MIAMI, FLORIDA, WITH THE EXCEPTION OF A PARCEL OF LESS THAN ONE ACRE AT THE SOUTHEAST CORNER OF THE SITE. 03-113 - memo - 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1135 CA.2 03-0124 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $39,000, FROM FISCAL YEAR 2003-2004 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 240101-250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 03-0124 -cover memo - 1.pdf 03-0124 - budget approval -2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1136 CA.3 03-0125 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $30,000, FROM FISCAL YEAR 2003-2004 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 001000.820101.6340.25019, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE NUISANCE ABATEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 03-0125 - memo -1.pdf 03-0125 - budget approval -2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1137 CA.4 03-0126 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $49,000, FROM FISCAL YEAR 2003-2004 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 001000.820101.6340.25019, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 03-0126-cover memo.pdf 03-0126-financial review and approval.pdf 03-0126-legislation.pdf WITHDRAWN Item WITHDRAWN by City Attorney on behalf of the City Manager CA.5 03-0155 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF AWARDS, INC. D/B/A TROPHY WORLD TO PROVIDE TROPHIES AND PLAQUES, FOR THE DEPARTMENT OF POLICE, AT AN ANNUAL AMOUNT NOT TO EXCEED $14,000, AND J. BRANDT COMPANY, INC., TO PROVIDE EMPLOYEE SERVICE AWARDS, FOR City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 THE DEPARTMENT OF EMPLOYEE RELATIONS, AT AN ANNUAL AMOUNT NOT TO EXCEED $28,521.25, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, FOR A TOTAL AWARD AMOUNT NOT TO EXCEED $170,085; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270 AND THE DEPARTMENT OF EMPLOYEE RELATIONS GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.270101.6.692. 03-0155 - cover memo -1.pdf 03-0155 - agenda item background info. -2.pdf 03-0155 - award recommendation forms -3.pdf 03-0155 - bid security list -4.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1138 CA.6 03-0158 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPOINTING JEFFREY ALLEN, MARLON HILL AND MARYANNE LUKACS AS SPECIAL MASTERS TO SERVE AS HEARING OFFICERS FOR CODE ENFORCEMENT AND OTHER SIMILAR HEARINGS AND PROCEEDINGS, AS MAY BE REFERRED TO THEM BY THE CITY MANAGER, TO RENDER WRITTEN FINDINGS AND RULINGS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL YEAR, IN A TOTAL ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $15,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000. 920205.6340.25014, FOR SAID PURPOSE. 03-0158 - cover memo -1.pdf 03-0158 - exhibit- PSA This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1139 CA.7 03-0161 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BLACKWELL CONSULTING LLC, TO City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 PROVIDE BUSINESS PROCESS REENGINEERING SERVICES AND SUBJECT MATTER EXPERTS FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, IN AN AMOUNT NOT TO EXCEED $2,875 ,000, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL TWO-YEAR PERIODS AT ADDITIONAL COSTS; ALLOCATING FUNDS FROM THE ENTERPRISE RESOURCE PLANNING CAPITAL IMPROVEMENTS PROJECT, ACCOUNT CODE NO. 311613, SUBJECT TO BUDGETARY APPROVAL. 03-0161 -cover memo -1.pdf 03-0161 -budgetary impact analysis -2.pdf 03-0161 -exhibit- PSA.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1140 CA.8 03-0164 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF MARLIN ENGINEERING INC., SELECTED FROM THE LIST OF PRE -APPROVED GENERAL ENGINEERING FIRMS APPROVED BY RESOLUTION NO. 02-144, FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PROJECT ENTITLED "LIBERTY CITY DRAINAGE IMPROVEMENT PROJECT - PHASE I, B-5692-A" IN DISTRICT 5, IN AN AMOUNT NOT TO EXCEED $ 180,380, AT SPECIFIC COSTS TO BE DETERMINED BY (1) THE SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR SAID PROJECT, AS SET FORTH IN THE WORK ORDER AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH MARLIN ENGINEERING, INC., PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $180,380, FOR SERVICES AND EXPENSES INCURRED BY THE CITY FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 313855, ENTITLED " OCTOBER 2000 FLOOD DISASTER RECOVERY." 03-0164 -cover memo -1.pdf 03-0164 -budgetary impact analysis -2.pdf 03-0164 -previous legislation -3.pdf 03-0164 -corporate resolution -4.pdf 03-0164 -certificate of liability -5.pdf 03-0164 -back up memo -6.pdf 03-0164 -exhibits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 R-03-1141 CA.9 03-0165 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF METRIC ENGINEERING INC., SELECTED FROM THE LIST OF PRE -APPROVED GENERAL ENGINEERING FIRMS APPROVED BY RESOLUTION NO. 02-144, FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PROJECT ENTITLED "LIBERTY CITY DRAINAGE IMPROVEMENT PROJECT - PHASE II, B-5692-B," IN DISTRICT 5, IN AN AMOUNT NOT TO EXCEED $ 193,072, AT SPECIFIC COSTS TO BE DETERMINED BY (1) THE SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR THE PROJECT, AS SET FORTH IN THE WORK ORDER AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH METRIC ENGINEERING, INC., PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $193,072, FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 313855, ENTITLED "OCTOBER 2000 FLOOD RECOVERY." 03-0165 -cover memo -1.pdf 03-0165 - budgetary impact analysis -2.pdf 03-0165 - contract route -3.pdf 03-0165 - previous legislation -4.pdf 03-0165 - corporate legislation -5.pdf 03-0165 - certificate of liability -6.pdf 03-0165 - back up memo -7.pdf 03-0165 - exhibits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1142 CA.10 03-0166 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BAYFRONT PARK MANAGEMENT TRUST ("TRUST") AND ROUSE-MIAMI, INC., TO PROVIDE BEAUTIFICATION AND MAINTENANCE FOR THE TORCH OF FRIENDSHIP MONUMENT LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 NORTHEAST 3RD STREET AND NORTHEAST 4TH STREET, MIAMI, FLORIDA, BETWEEN BAYSIDE MARKETPLACE AND BAYFRONT PARK AT THE FRONT ENTRANCE OF BAYSIDE, FOR A PERIOD OF FIVE YEARS, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL FIVE- YEAR PERIOD, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 03-0166 - cover memo.pdf 03-0166 - budgetary impact analysis.pdf 03-0166 - previous legislation.pdf 03-0166 - exhibit- agreement.pdf DEFERRED Item DEFERRED CA.11 03-0197 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF APAC GROUP, INC., FOR THE PROJECT ENTITLED "SW 16th TERRACE STREET IMPROVEMENTS PROJECT, B-5691," IN THE PROPOSED AMOUNT OF $611,285, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341206, IN AN AMOUNT NOT TO EXCEED $611,285, TO COVER CONSTRUCTION COSTS PLUS $146,708 TO COVER ESTIMATED EXPENSES INCURRED BY THE CITY, FOR TOTAL PROJECT COSTS IN THE AMOUNT OF $757,993, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 03-0197 -cover memo -1.pdf 03-0197 -budgetary impact analysis -2.pdf 03-0197 -exhibit 1- tabulation of bids.pdf 03-0197 -exhibit 2- project fact sheet.pdf 03-0197 -exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1143 CA.12 03-0183 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF E.D.F.M. CORPORATION FOR THE PROJECT ENTITLED "CURTIS PARK BUILDING -N.E.T. OFFICE ADDITION, B-6483," IN THE PROPOSED AMOUNT OF $220,000, ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $220,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. 331419, TO COVER City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 CONTRACT COSTS, PLUS $45,500 TO COVER ESTIMATED EXPENSES INCURRED BY THE CITY, FOR TOTAL PROJECT COSTS OF $265,500 AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 03-0183 -memo -1.pdf 03-0183 -budgetary impact analysis -2.pdf 03-0183 -project analysis form -3.pdf 03-0183 -exhibit 1-contract.pdf 03-0183 -exhibit 2- formal bid.pdf 03-0183 -exhibit 3- project fact sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1144 CA.13 03-0185 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-1013 WHICH APPROVED PARTICIPATION IN THE CITY OF MIAMI GROUP MEDICAL AND DENTAL INSURANCE PROGRAM DURING THE TERM OF THEIR APPOINTMENTS BY THE (1) NON - EMPLOYEE MEMBERS OF THE CIVIL SERVICE BOARD, PLANNING ADVISORY BOARD, AND ZONING BOARD, (2) ATTORNEYS ENGAGED TO REPRESENT THE CIVIL SERVICE BOARD AND CODE ENFORCEMENT BOARD, (3) TRUSTEES OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AND THE FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST, AND (4) THE ELIGIBLE DEPENDENTS OF THE AFORESAID, TO APPROVE, EFFECTIVE AS OF THE COMMENCEMENT OF FISCAL YEAR 2003, CONTINUED PARTICIPATION FOR (a) THE NON -EMPLOYEE MEMBER, TRUSTEE, OR ELIGIBLE DEPENDENT IN THE CITY OF MIAMI GROUP MEDICAL AND DENTAL INSURANCE PROGRAM AFTER SUCH MEMBER OR TRUSTEE HAS SERVED THE MAXIMUM OF EIGHT CONSECUTIVE YEARS ON ANY ONE BOARD AND IS NO LONGER ELIGIBLE TO CONTINUE TO SERVE IN SUCH CAPACITY, CONTINGENT UPON PAYMENT BY SUCH NON - EMPLOYEE MEMBER OR TRUSTEE OF THE SAME PREMIUM CONTRIBUTION PAID BY RETIRED CITY OF MIAMI GENERAL EMPLOYEES, AND (b) AN ATTORNEY, AND ELIGIBLE DEPENDENTS, ENGAGED TO REPRESENT THE CIVIL SERVICE BOARD OR CODE ENFORCEMENT BOARD, WHO CEASES TO REPRESENT SAID BOARD, AND HAS SERVED AT LEAST EIGHT CONSECUTIVE YEARS AS SPECIAL COUNSEL TO SAID BOARD, CONTINGENT UPON PAYMENT BY SAID ATTORNEY OF THE SAME PREMIUM CONTRIBUTION PAID BY RETIRED CITY OF MIAMI GENERAL EMPLOYEES; FURTHER DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO AMEND THE CITY OF MIAMI GROUP MEDICAL AND DENTAL INSURANCE PLAN DOCUMENTS TO ALLOW FOR THE PARTICIPATION OF SAID INDIVIDUALS. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 03-0185 -cover memo -1.pdf WITHDRAWN Item WITHDRAWN by City Attorney on behalf of the City Manager CA.14 03-0201 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $35,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. 03-0201 -cover memo -1.pdf 03-0201 -budgetary impact analysis -2.pdf 03-0201 -affidavit -3.pdf 03-0201 -law enforcement fund application -4.pdf WITHDRAWN Item WITHDRAWN by City Attorney on behalf of the City Manager CA.15 03-0203 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ESTABLISHMENT OF A PRE - QUALIFIED LIST COMPRISED OF FOUR (4) QUALIFIED PROPOSERS, AS LISTED ON "EXHIBIT A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH OF THE PROVIDERS, TO PROVIDE LATENT PRINT EXAMINATION SERVICES, ON AN AS -NEEDED BASIS, FOR TWO YEARS WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE- YEAR PERIODS, AND AUTHORIZING THE RIGHT TO ADD ADDITIONAL QUALIFIED LATENT PRINT EXAMINERS AS DEEMED NECESSARY, FOR THE POLICE DEPARTMENT, IN AN ANNUAL AMOUNT NOT TO EXCEED $99,940, ALLOCATING FUNDS FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270. 03-0203 -memo -1.pdf 03-0203 -agenda item background info. -2.pdf 03-0203 -budgetary impact analysis -3.pdf 03-0203 -requesting acceptance of RFLI -4.pdf 03-0203 -exhibit 1- list of providers.pdf 03-0203 -exhibit 2- PSA.pdf 03-0203 -exhibit 3- scope of services.pdf 03-0203 -exhibit 4.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 R-03-1145 CA.16 03-0204 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE ESTABLISHMENT OF A PRE -QUALIFIED LIST COMPRISED OF ONE (1) PROPOSER, AS LISTED ON "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE PROVISION OF COMMUNICATIONS OPERATOR SERVICES FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF TWO YEARS WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE- YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $50,000; AUTHORIZING THE INCLUSION OF ADDITIONAL QUALIFIERS AS DEEMED APPROPRIATE BY THE CITY MANAGER; FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID PROVIDER(S); AND ALLOCATING FUNDS FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270, FOR SAID SERVICES. 03-0204 -cover memo -1.pdf 03-0204 -agenda item background info. -2.pdf 03-0204 -budgetary impact analysis -3.pdf 03-0204 - bid security list -4 .pdf 03-0204 -requesting accepatance of RFLI -5 .pdf 03-0204 - exhibits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1146 CA.17 03-0167 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF MULLER, MINTZ, KORNREICH, CALDWELL, CASEY, CROSLAND & BRAMNICK, P.A., FOR REPRESENTATION OF THE CITY OF MIAMI IN THE MATTER OF A REVIEW OF GROUP HEALTH COMPLIANCE, IN AN AMOUNT NOT TO EXCEED $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.920205.6.250, FOR SAID SERVICES. 03-0167 -cover memo -1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1147 City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 CA.18 03-0189 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF SPECIAL COUNSEL TO ADDRESS LAND ACQUISITION ISSUES RELATED TO THE LITTLE HAITI PARK PROJECT, IN AN AMOUNT NOT TO EXCEED $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.920205.6.250, FOR SAID SERVICES. 03-0189 -memo -1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1148 CA.19 03-0169 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 03-0169 -cover page -1.pdf 03-0169 -board actions -2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, 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 Gonzalez, Regalado, Sanchez, Teele and Winton END OF CONSENT AGENDA Chairman Winton: CA (Consent Agenda) agenda. Do I understand there's items you're pulling? Alejandro Vilarello (City Attorney): Yeah, Mr. Chairman. On behalf of the Manager, CA Items CA-4 and CA-13 are being withdrawn for a budget impact review. Commissioner Sanchez: Which ones? Mr. Vilarello: CA-4 and CA-13. Commissioner Sanchez: CA-4 and CA-13. Mr. Vilarello: CA-10, the Manager requested be deferred to the next meeting. And CA-14, the Manager requested be withdrawn. Commissioner Sanchez: OK City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Mr. Vilarello: And one more is Item CA-6, which has to do with the appointment of special masters. The Manager's cover letter refers to a specific item that those masters were used for. The resolution in fact allows a special master to be used for any code enforcement process, and I wanted to bring that to your attention. The Manager concurs with the use of the special masters for any code enforcement process. Commissioner Sanchez: But you're not withdrawing CA-6? Mr. Vilarello: No, just explaining it. Commissioner Sanchez: Just explaining it. OK So move the remaining CA items. Chairman Winton: Got a motion. Commissioner Regalado: Second. Chairman Winton: Second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. OK City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 SPECIALLY SCHEDULED ITEMS SS.1 03-0052 RESOLUTION A RESOLUTION, OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULT OF THE SPECIAL MUNICIPAL ELECTION FOR CHARTER AMENDMENTS NO. 1, NO. 2 AND BALLOT QUESTION NO. 1 HELD ON NOVEMBER 4, 2003. 03-0052-exhibit-2. pdf Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1133 Chairman Winton: OK OK. Are we ready to get this show on the road? I want to -- the order of the morning is going to be, we're going to do CA agenda very quickly, then there's a bond counsel issue that will take us about two minutes, and then we're going to go to the Parades and Festivals Ordinance. So, that's the order. Mr. Manager, do I understand -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: With -- Chairman Winton: Commissioner Teele. Vice Chairman Teele: Mr. Attorney, with all due respect to the Chairman, Mr. Chairman, I would like to move Special Item Number 1, which is accepting the results of the election, which technically should have been done before -- Commissioner Sanchez: Second. Vice Chairman Teele: So moved. Chairman Winton: Got a motion and a second. Any further discussion? Being none, all in favor, "aye." Commissioner Sanchez: Now, we could have your swearing in. Chairman Winton: All opposed (INAUDIBLE). SS.2 03-0054 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 THE RESULT OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2003, FOR THE ELECTION OF COMMISSIONER DISTRICT 2. 03-0054-memo.doc 03-0054-exhibit-2. pdf Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1134 Vice Chairman Teele: And now I'll move Special Item Number 2, which is also relating to the election. Commissioner Sanchez: Second. Chairman Winton: Motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Commissioner Teele. Vice Chairman Teele: And Special Item Number 3 also relates to elections. Well, I assume that that's appointing the -- Commissioner Regalado: The City Attorney. Vice Chairman Teele: Well, I'll hold up on those two. Chairman Winton: Yeah. And that's it? Vice Chairman Teele: So moved. Yes. Chairman Winton: OK Thank you. We moved all those. SS.3 03-0181 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND REAPPOINTING ALEJANDRO VILARELLO AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER. 03-0181 -cover memo -1.pdf Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1151 Direction to the City Attorney: by Commissioner Regalado to hire an assistant to work directly with the City Attorney and to act as a liaison with members of the Commission; further to come back with appropriate budget amendment to fund this position. City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: What is specialty items? I don't understand that. Specialty Scheduled items. Priscilla A. Thompson (City Clerk): Such as what we have today under our first -- our four items, with the acceptance of the election -- of the regular election and the special and the two appointments. Something that is not the norm. Vice Chairman Teele: All right. Ms. Thompson: Something that we don't normally have on the agenda. Vice Chairman Teele: With that, Mr. Chairman, I would like your permission to move Specialty Item Number 3. Commissioner Sanchez: Second. Chairman Winton: Oh, you're moving it. OK. We have a motion and a second. What is Specialty Item 3? Vice Chairman Teele: That is the appointment -- Commissioner Sanchez: Appointment of the City Attorney. Vice Chairman Teele: -- of the City Attorney. Commissioner Regalado: On -- Chairman Winton: A motion and a second -- What are we appointing him to? It's a joke. Vice Chairman Teele: Well, to be the City Attorney. Commissioner Sanchez: To continue the service he provides for this City. Chairman Winton: It was a joke. We have a -- Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: I'd first like to thank the City Attorney. The work that the City Attorney's Office has done in the taskforce in the Shenandoah ALF (Adult Living Facility) area, it's extraordinary. And the leadership of the CityAttorney's Office has helped everybody understand the problem, and I think we have solutions. And this will be a signature item in terms of quality of life, not only for the City ofMiami, but throughout South Florida. I do think -- and I'd really like to say that have grown, in the past years, accustomed to Alex's style and it's the style that need to be informed, a personal touch, but Commissioner Teele said, I think, last year, something that we never followed up. That Alex needs someone working for him continuously, but just for him, not working in the City Attorney, so he can take care of members of the Commission, the Mayor, and the Manager, and still be able to produce a lotc so I would think that the City Commission should consider, maybe in the next three or four months, to ask him to come back with some kind of proposal for a budget amendment or something, so he can get someone as a personal assistant to him. And, I -- Vice Chairman Teele: Let's don't debate it. It's not in the motion, and it's one Commissioner's City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 view, at this point, and we ought to debate that and discuss that -- Commissioner Sanchez: I'm sorry. What's being debated? Vice Chairman Teele: Commissioner Winton. Commissioner Sanchez: We're just -- Vice Chairman Teele: I don't know. Commissioner Sanchez: We're just appointing the City Attorney. Vice Chairman Teele: Right. Commissioner Sanchez: That's all that we're -- That's the order of the day. I mean -- Commissioner Regalado: But I'm suggesting -- Commissioner Sanchez: Suggesting what? Commissioner Regalado: -- that in the future, Alex should come back to us and tell us how we can provide him -- Vice Chairman Teele: SS.3. Commissioner Regalado: -- an attorney that would be assisting him directly, so he can take care of more issues for the City Commission. That's all. Commissioner Sanchez: OK. Vice Chairman Teele: Call the question. We have a motion. I moved it. Chairman Winton: We have a motion. Resolution -- Commissioner Regalado: Where is the -- Commissioner Sanchez: Second. Commissioner Regalado: -- where is the package? Chairman Winton: -- reappointing the City Attorney. Commissioner Sanchez: Call the question. Chairman Winton: All in favor, "aye." Commissioner Sanchez: Come on. Let's move the agenda along. We're beating a dead horse here. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. SS.4 03-0182 RESOLUTION City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 PA.1 03-0170 A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND REAPPOINTING PRISCILLA A. THOMPSON AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER. 03-0182 - cover memo -1.pdf Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1152 On motion by Vice Chairman Teele, seconded by Commissioner Sanchez, the Commission voted unanimously to designate Commissioner Regalado to review the salaries of the City Attorney and the City Clerk and come back within 180 days with a recommendation. Vice Chairman Teele: And I really meant to do this one first, SS.4. Commissioner Sanchez: So move, SS.4 or second. Chairman Winton: That's motion, second. Discussion. Commissioner Sanchez: None. Chairman Winton: None. Commissioner Sanchez: Call the question. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: I move that Commissioner Regalado be designated to come back, within 180 days, and review the salaries of both of the officials, of the Clerk and the Attorney, and make any recommendations, if any. Commissioner Sanchez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Regalado: Thank you. I will do that. PERSONAL APPEARANCES DISCUSSION ITEM REVEREND SHO-SHANA TO ADDRESS THE COMMISSION City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 CONCERNING THE NEIGHBORHOOD ENHANCEMENT TEAM (NET) OFFICE IN THE OVERTOWN AREA. 03-0170-letter.pdf 03-0170 -recommendation memo.pdf WITHDRAWN Vice Chairman Teele: All right. Public Appearances. Are there any public appearances here today? Alejandro Vilarello (City Attorney): And PA-1 and PA-3 withdrew their request, as I understand, before the meeting today. PA.2 03-0173 DISCUSSION ITEM MS. CAROL ROMINE TO ADDRESS THE COMMISSION CONCERNING THE APPROVAL OF THE WASHINGTON MUTUAL COCONUT GROVE ARTS FESTIVAL SCHEDULED FOR FEBRUARY 14, - FEBRUARY 16, 2004. 03-0173 - recommendation memo .pdf as.pdf MOTION On motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, the Commission unanimously voted with Chairman Winton and Commissioner Regalado absent, to approve the 41 st annual Washington Mutual Coconut Grove Arts Festival scheduled for February 14 -16, 2004 on certain streets in Coconut Grove. Joe Arriola (City Manager): Yes, sir. You have the Carol Romine for -- to address the Commission concerning the approval of the Washington Mutual Coconut Grove Arts Festival, scheduled for February 14th through February 16th, 2004. Vice Chairman Teele: Is -- Does that have the Manager's recommendation? Mr. Arriola: Yes, sir. Vice Chairman Teele: Would you put your name and address on the record, please? Mr. Arriola: Coconut Grove Arts Festival. Carol Romine: Carol Romine, President of Coconut Grove Arts Festival, 3427 Main Highway, here simply to ask approval for the 41 st Coconut Grove Arts Festival on the streets of Coconut Grove. The dates are the 14th through the 16th this year. Vice Chairman Teele: Commissioner, would you move it? Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 PA.3 03-0175 Vice Chairman Teele: All opposed? Are there any other items that must be heard? Ms. Romine: Thank you. Vice Chairman Teele: What time did you all want to come back? Commissioner Sanchez: Two -thirty. Vice Chairman Teele: Two -thirty? Commissioner Gonzalez: Two -thirty. Vice Chairman Teele: So be it. DISCUSSION ITEM REPRESENTATIVE PHILLIP J. BRUTUS TO ADDRESS THE COMMISSION CONCERNING THE FUTURE OF THE LITTLE HAITI, EDISON AND WEST LITTLE HAVANA NET OFFICES. 03-0175 - letter .pdf WITHDRAWN MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 03-0140 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON THE POVERTY INITIATIVE 03-0140 - discussion.pdf NO ACTION TAKEN Item not taken up. DISTRICT 1 COMMISSIONER ANGEL GONZALEZ D1.1 03-0199 ORDINANCE In District 1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," TO EXEND THE HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD BY LIQUOR PACKAGE STORES FROM City ofAliami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 10 P.M. TO 12 MIDNIGHT; MORE PARTICULARLY BY AMENDING SECTION 4-3(a)(5) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0199 - cover memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Next item is blue page. Commissioner Gonzalez: OK Chairman Winton: Are you ready, Commissioner Gonzalez? Commissioner Gonzalez: Yes. It's an ordinance in reference to liquor stores. I have some liquor store owners that have approached me in reference to an ordinance of the City ofMiami that close these establishments at 10 p.m. at night. And their complaint is that while they have to close at 10 p.m. at night, other stores can sell liquor all night long, you know. So I'm trying to introduce a resolution -- an ordinance -- I'm sorry. It's an ordinance of the City ofMiami Commission amending Chapter 4, Article 1 of the Code of the City ofMiami, as amended, entitled "Alcoholic Beverage in General," to extend the hours in which alcoholic beverage may be sold by liquor packaging stores from 10 p.m. to 12 midnight; more particularly, by amending Section 4, 3A, 5 of said Code, containing a repealer provision, a severability clause, and providing for an immediate effective date. So move. Commissioner Regalado: Second. Chairman Winton: Discussion. Commissioner Sanchez: Is this pertaining to packaging stores, which is liquor stores? Chairman Winton: Only. That's my understanding. Commissioner Sanchez: Liquor stores only. Commissioner Gonzalez: Only. Commissioner Sanchez: So we're not talking about -- Chairman Winton: Nope. Commissioner Sanchez: OK. Chairman Winton: Just package stores; correct, Commissioner Gonzalez? Commissioner Gonzalez: Yes. Chairman Winton: Just package stores. Commissioner Gonzalez: Just package stores. Chairman Winton: OK. Any other discussion? This is an ordinance? City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Alejandro Vilarello (City Attorney): Yes. Chairman Winton: Would you read the ordinance, please? Is it a public hearing? Mr. Vilarello: No. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Sanchez: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chairman Winton: Is that it? Commissioner Gonzalez: That's it. DISTRICT 2 CHAIRMAN JOHNNY L. WINTON DISTRICT 3 COMMISSIONER JOE SANCHEZ D3.1 03-0205 DISCUSSION ITEM PRESENTATION BY TIMOTHY SCHMAND, EXECUTIVE DIRECTOR CONCERNING THE BAYFRONT PARK. 03-0205- email.pdf DEFERRED On motion by Commissioner Sanchez, seconded by Commissioner Regalado, the Commission voted unanimously with Chairman Winton absent, to DEFER item D3.1. Vice Chairman Teele: Two forty-five. I wonder, are there some items that we could take up. We had public hearing for you all, right? All right. Do they involve Commissioner Winton's district? Why don't we just start with those public hearing items? Priscilla A. Thompson (City Clerk): Commissioner, if it was PH-6 -- Is it PH-6? That's a time certain for three o'clock. Commissioner Sanchez: Mr. Vice Chairman. Vice Chairman Teele: I tell you, Commissioner Sanchez, we do have the item by the Clerk's Office, which is an informational item on the Legistar. We could do that now. Commissioner Sanchez: OK. They were -- After that, there's two items that I'm going to be moving for deferral. One of them is mine on my blue pages -- City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: You can do that now. Commissioner Sanchez: -- which is D.3.1, I would like to defer to the next Commission meeting, where Bayfront Park Executive Director will be making a presentation to the City. Vice Chairman Teele: Is there a motion? Is there a second? Second by Commissioner Regalado. Is there objection to defer? All those in favor, say "aye." The Commission (Collectively): Aye. D3.2 03-0206 DISCUSSION ITEM DISCUSSION CONCERNING THE CODESIGNATION OF S.W. 16TH STREET FROM 17TH TO 13TH AVENUE AS DR. CRISTOBAL M. GONZALEZ MAYO "MARITO" 03-0206 - email.pdf MOTION A motion was made by Commissioner Sanchez, seconded by Commissioner Gonzalez, and passed unanimously, referring to the Miami Street Codesignation Review Committee, with a positive recommendation from the City Commission, proposed codesignation of Southwest 16 Street from 17 to 13 Avenues as "Dr. Cristobal M. Gonzalez Mayor Marito'. " Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman my -- one of my items was deferred to the next -- to December, first meeting of December, because I will not be here on the 25th. Every year, I distribute turkey throughout my district, and I'm distributing a thousand turkeys this year in my disfrict. So we selected that day. Commissioner Gonzalez: Congratulations. Commissioner Sanchez: So -- Chairman Winton: Can you bring some over to my disfrict? Commissioner Sanchez: All right. Moving right along to the next. My other two items are just - - Is the Street Co -Designation still meeting, Madam Clerk? Priscilla A. Thompson (City Clerk): Yes, sir. Commissioner Sanchez: They're still meeting? Chairman Winton: We're desecrating every street in the City, so I would assume it's still meeting Commissioner Sanchez: OK. I have two -- Chairman Winton: Well, you're not going to have any left soon. Commissioner Sanchez: -- two names. City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 D3.3 03-0207 Chairman Winton: You'd better get them in quick. Commissioner Sanchez: Well, I'm trying to beat Commissioner Regalado on this one. He's taking up all the streets. Commissioner Regalado: Huh? Commissioner Gonzalez: But let me tell you -- Chairman Winton: He's down there minding his own business, and he gets picked on. Commissioner Gonzalez: -- and forgive me for interrupting. But let me tell you, it's not going at that speed, because some designations that are made a year and a half ago -- Commissioner Sanchez: They're still not up. Commissioner Gonzalez: -- are still not up, and they're coming back for approval again. So, you know. Chairman Winton: Make the rounds. Commissioner Sanchez: Well, I have two that I will be sending to Sfreet Co -Designation. One is naming Southwest 16th Street from 17th Avenue to 13th Avenue as Dr. Cristobal M. Gonzalez - Mayo -- I think it's `1ldarito. " He is -- Chairman Winton: How big is that sign going to be? Commissioner Sanchez: We're going to have to put names small. But -- Chairman Winton: Motion and a second. Commissioner Gonzalez: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. DISCUSSION ITEM DISCUSSION CONCERNING THE CODESIGNATION OF S.W. 14TH AVENUE FROM 8TH TO 7TH STREET AS LIBERTAD LAMARQUE. 03-0207 - email.pdf MOTION A motion was made by Commissioner Sanchez, seconded by Commissioner Gonzalez, and passed unanimously, to refer to the Miami Sfreet Codesignation Review Committee, with a positive recommendation from the City Commission, proposed codesignation of Southwest 14 Avenue from 8 to 7 Streets as "Libertad Lamarque." Commissioner Sanchez: And the other one is, you know, once again, from 14th Avenue to -- from 14th Avenue to 8th Sfreet -- 7th Street as Libertad Lamarque. City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner : Second. Commissioner Sanchez: Which is, of course, the queen of the tango. Commissioner Gonzalez: Lamarque. Commissioner Sanchez: Lamarque. Chairman Winton: Motion, second. Discussion. None. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Sanchez: Make sure they pronounce it right and they spell it right. Chairman Winton: Yeah. Commissioner Regalado. Do you have anything else, Commissioner Sanchez? Commissioner Sanchez: Yeah. Listen, the turkeys, they're not only in my district. They're citywide. Chairman Winton: All right. Commissioner Sanchez: All right? Commissioner Gonzalez: That's right. Chairman Winton: Muchas gracias. Commissioner Gonzalez: That's right. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 03-0184 DISCUSSION ITEM DISCUSSION ABOUT THE GLOBAL SPECTRUM AUDIT. 03-0184 - memo.pdf DISCUSSED Direction to the City Manager: by Vice Chairman Teele to negotiate the best possible rate for the Knight Center related to the Haiti Bicentennial event. Commissioner Regalado: We are -- you know, we are lucky that we have an auditor approved by the residents and voters of the City ofMiami, and Mr. Igwe did an audit on the Knight Center, and I read the audit, and there were some things that really caught my eye, and I don't -- First of all, my point in bringing this is because I think that we have the audits to do something, and we have the audit, and we move on, and we don't do anything, and the audit is -- I saw several things, and I asked Mr. Igwe to be here. I met with him, and one of the things that raised my interest in bringing this is according to what you told me, the Knight Center, we know, loses money, right? Your name and -- City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Name and address for the record. Victor Igwe: Victor Igwe, Audit General's Office. Chairman Winton: You don't have to (INAUDIBLE). Commissioner Regalado: However, however, there is a practice that has been established -- and I'm totally in agreement -- that they can reduce the rates in order to bring concerts and events to that venue. Dr. Igwe: That is correct. That is correct. Commissioner Regalado: The thing is that also understand that they use City money to give bonuses to the employees of Global Specfrum; is that correct? Dr. Igwe: That's correct. During the audit period, they paid thirty-six thousand dollars ($36, 000) in bonuses. Commissioner Regalado: Although the center loses money. Dr. Igwe: Right. But we have to understand that the RFP (Request for Proposals) that was proffered, which the City accepted, authorizes them to do that. Commissioner Regalado: To do bonuses. Dr. Igwe: Right. Commissioner Regalado: The other thing that really don't understand is why, according to the audit, they decided to reduce rates for one promoter and several concerts, and they did not seek the permission of the Director of Facilities, that, according to the RFP, they need to do that. Christina should approve that. Dr. Igwe: That's correct. There was only one instance that rates was reduced without Christina's consent. Commissioner Regalado: OK. So I just think that we need to do something about it. And I'd just like to hear -- Christina, if you can tell me first. I don't really understand why they would reduce rates, which is fine by me. I mean, my thing is to bring concerts to the Artime, to the Gusman, to any -- but don't understand why they would, first of all, reduce rates for one promoter -- mainly one promoter -- and not other promoters, and then not ask for your approval. Christina Abrams: My name is Christina Abrams. I'm the Director of Public Facilities. And I have with me Barry Strafacci. He's the Vice President of Global Spectrum and also, Bob Murray, who's the General Manager of the Knight Center, who works with Global Specfrum. I'd like the opportunity to address the issue, myself and directly. In the early -- in early 2001, what we did is we proposed and got approval from the Commission to try a new approach to booking events, fry to go -- try to be in a proactive mode, so we can book more business, and that would be to give me the authority to negotiate a rate, based on the concerts and what's going on. Global Specfrum has done that, and they've increased the number of concerts at the Knight Center by 25 percent. And the way they've done that is by being competitive, because there's a lot of venues, a lot cities that want to host concerts. In this case, what think happened, looking back at the history is that was one of the first -- that was the first or one of the first rates that we reduced, according to the ordinance. Looking back at it, I did not give my signature to approve it, but they tell me that gave my verbal consent. And I believe them, because when they're City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 negotiating for concerts, you know, it's a very fast paced business. They have the promoter on the phone. They're trying to talk him to come here in -- instead of West Palm Beach, and they need an answer immediately. And sometimes, it doesn't give us a chance to fill out the form, sign it and give all that kind of information. So what I want you to realize it, it's not money we gave them. They brought the revenue to the City. We made from that concert, I think, fourteen thousand dollars ($14, 000). And we did that by reducing the rent. And I think that that's -- you know, that was aggressive business practices. And what we have done in the future is they're going to get my signature, and they have been getting my signature ever since. Commissioner Regalado: Are you OK with the bonus and all that? Ms. Abrams: I want to address that with you, and I want to point out some things. Convention centers across the country operate at a deficit. I'd like to make that point just for the record. Global Spectrum, I think, in the last three years, if you look at their performance, they have reduced the deficit from when they first started. The bonuses -- I don't like the word, "bonus," because it implies that they're getting something they haven't earned. What their program is, it's kind of like the City's incentive program for our employees. You know how the unions negotiate an increase for the employees every year? Global works differently. If the employees meet a certain criteria, they get a salary increase. If they don't meet that criteria, they don't get a salary increase. Their salary remains the same. And they call it in their contract "bonus." And the reason the City agreed to it is because we think that their raises should be directly tied into how they perform at the Knight Center. And in some cases, they deserve them. And in other cases, when they don't, we haven't given it to them. But they have reduced the deficit. They have increased the number of concerts, and when they have events, it's not just the revenue that the City gets. It's the activity in downtown. People stay in our hotels, they go to our restaurants, they park in our garage, they use our stores. And that doesn't necessarily show up on our bottom line, but it brings activity downtown. Commissioner Regalado: You do not have to convince me, because, remember, I'm the one that told you not to raise the rates in the Artime. Ms. Abrams: And you're the one who told us we need to be more aggressive. Commissioner Regalado: Exactly. But my only point was that if you are in charge, you should know. Ms. Abrams: Yes. Commissioner Regalado: And it struck me when Mr. Igwe saw that. And I thank you for all the information. And for me, for me, it's -- I would rather -- I would rather have more concerts and less income, if that is the case. But a closed theater -- Vice Chairman Teele: More concerts and less what? Commissioner Regalado: Income. Because, you know, if you don't sell today's date, you can never sell it again, because it doesn't come back. And, you know, I'm all for it. I'm all for discounts. I'm all for it. What really caught my eye is first that maybe it's just -- it happened like that. But it happened the same promoter. And since I am in the radio business, and I know about -- a little about concerts, and bookings and all that, it looked pretty weird. But -- Ms. Abrams: Would you like me to have Global Spectrum go over the different concerts they have there? Commissioner Regalado: No, it's fine. It's fine by me. I just want to say that every time that there is an audit of something regarding the City, we should address it, and the people should City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 know, and the management should know that we are looking at it. And I just think that in the Knight Center, we should continue to be aggressive. But if you're going to have some kind of reduced rate or something like that, you just need to approve it. Ms. Abrams: Certainly. Commissioner Regalado: That's all. That's my point. Thank you. Ms. Abrams: Absolutely. And, you know, it's not always pleasant to be audited, but we appreciate Mr. Igwe's input. Commissioner Regalado: Sure. Yes, sir. Vice Chairman Teele: You know, I think you all are very fortunate to have -- what's that firm? Specfrum. Ms. Abrams: Global Specfrum? Vice Chairman Teele: They're a world class firm and all that. But you all told me you couldn't reduce the rates. Ms. Abrams: Pardon? Vice Chairman Teele: You've told me repeatedly rates can't be reduced. Commissioner Regalado: That's my point. That was my point. Vice Chairman Teele: I mean, we just today -- tonight, within the last hour -- approved a line item for an event that's going to take place in the Knight Center. Ms. Abrams: What I've repeatedly said -- Vice Chairman Teele: And the first thing I said is I want the check made out to the Knight Center. I want to protect the Knight Center. But it looks like I'm doing a better job of protecting them than they are of looking out for us, because if they can give some schmuck from New Jersey a discount, rate, why can't they give some of our local people a discount rate? Ms. Abrams: What we have said is that we never waive rent. Vice Chairman Teele: And I'm sure the schmuck was a fine gentleman. I don't -- Ms. Abrams: Very fine gentleman. Chairman Winton: That sounds like a Winton comment. Ms. Abrams: Commissioner, what we do is we can't waive fees at the Knight Center. We can negotiate rates. We can negotiate the number of (UNINTELLIGIBLE). We can negotiate the rent, as long as it's fair market value and as long as it's competitive, and that's what we fry to do. Vice Chairman Teele: Would you ensure that the 200th celebration of the Haitian independence, which is going to take place at the Knight Center, on January 1, that we get the lowest and the best rate that we can for the City, since the City is sponsoring this, please? Ms. Abrams: Absolutely. Absolutely. City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: Thank you. Chairman Winton: OK. Anything else? Commissioner Regalado: No. I'm fine, thank you very much. Chairman Winton: Commissioner Gonzalez, do you have anything else on your blue pages? I think I have one. D4.2 03-0075 DISCUSSION ITEM DISCUSSION CONCERNING THE DOWNTOWN HOLIDAY VILLAGE. 03-0075 -cover memo.pdf DISCUSSED Item was discussed Commissioner Regalado: Mr. Chairman, D4.2, the discussion item concerning the Downtown Holiday Village, we addressed that already. Chairman Winton: Great. Commissioner Regalado: And now the discussion about the Global Spectrum audit. Commissioner Sanchez: If you may, on that issue -- I was -- on a serious note, I think they need to address a very large turnout, and they need to emphasize, one, on ADA (Americans with Disabilities Act), which there were some problems. Also, they need to have, you know, the proper arrangements, because that year, people couldn't even get to the stage. I mean, it was packed. Commissioner Regalado: Oh, yeah. Commissioner Sanchez: You were there. So they need to -- they need to be ready, because this year, I'm sure they're going to have more attendance. Commissioner Regalado: The more people, the better. Commissioner Sanchez: Oh, absolutely. Commissioner Regalado: The better. Commissioner Sanchez: But they need to be ready for it. Commissioner Regalado: But -- yes, that's true. Chairman Winton: OK. D4.3 03-0228 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,500, TO THE ASSOCIATION FOR THE USEFUL AGED, INC. TO ENHANCE THE City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 QUALITY OF LIFE FOR SENIOR CITIZENS BY PROVIDING A RANGE OF ESSENTIAL SERVICES THAT INCLUDE PRACTICAL, EMOTIONAL AND NUTRITIONAL SUPPORT; ALLOCATING FUNDS FROM THE DISTRICT 4 COMMISSIONER'S OFFICE BUDGET. 03-0228 -cover memo -1.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1176 Commissioner Regalado: Resolution of the Miami City Commission approving the allocation of funds in an amount not to exceed twenty-five hundred dollars ($2,500) to the Association for the Youthful Age, to enhance the quality of life for senior citizens by providing a range of essential services that include practical, emotional and nutritional support, allocating funds from District 4 Commissioner's Office Budget. So move. Commissioner Sanchez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. D4.4 03-0202 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 03-1001, ADOPTED SEPTEMBER 11, 2003, WHICH CODESIGNATED CERTAIN STREETS AS "AVENIDA EL CABALLERO DE PARIS," TO EXTEND THE STREETS CODESIGNATED AS THE INTERSECTION OF SOUTHWEST 36TH AVENUE AT SOUTHWEST 4TH STREET TO SOUTHWEST 36TH AVENUE FROM SOUTHWEST 4TH TO 8TH STREETS, MIAMI, FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1178 Chairman Winton: OK, which one -- OK, next. Commissioner Regalado: OK. D4.4, I'm doing this in behalf of County Commissioner Jimmy Morales. It's a resolution amending the resolution that was approved by this Commission in September 11, 2003, which co -designated a certain street as Avenida El Caballero de Paris and extending the co -designated streets of Southwest 36th Avenue from Southwest 8th Sfreet to Southwest 4th Sfreet in Miami, Florida. This amendment was suggested by Public Works Department, so I'm doing this in behalf of Commissioner Jimmy Morales. City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Sanchez: Mr. Chairman, that's why I rush to get these streets named, because, I mean, they're all going to be gone. Chairman Winton: No question. OK Motion. Second? Commissioner Gonzalez: Second. Commissioner Sanchez: They're not happy with a block anymore. They want the entire strip, you know. Chairman Winton: Yeah. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 5:00 P.M. D4.5 03-0141 DISCUSSION ITEM DISCUSSION ABOUT AN EMERGENCY ALLOCATION OF $152,000 FROM THE HOMELAND DEFENSE QUALITY OF LIFE BOND IMPROVEMENTS TO THE CURBS, GUTTERS, AND LANDSCAPE IN THE AREA OF SOUTHWEST 22ND TERRACE BETWEEN SOUTHWEST 29TH AVENUE AND SOUTHWEST 31ST AVENUE. 03-00141 - memo -1.pdf 03-00141 - attorney letter-2.pdf 03-00141 - proposal -3.pdf 03-00141 - backup letter-4.pdf 03-00141 - backup memo -5.pdf DEFERRED Commissioner Regalado DEFERRED item D4.5 to the Commission meeting currently scheduled for November 25, 2003. Chairman Winton: Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I need to defer for the 25th D4. 5, and this has already been to the Oversight Bond Committee, and the CIP (Capital Improvements Program) is working so we can bring all the details back. Chairman Winton: At that next meeting? OK. Commissioner Regalado: At the next meeting. Chairman Winton: Need a motion. Well, you don't -- you don't have to defer. You can just do that. We don't have to have a motion on blue page items. DISTRICT 5 COMMISSIONER ARTHUR E. TEELE, JR PUBLIC HEARING City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 PH.1 03-0176 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT, AND A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, TO FLORIDA POWER & LIGHT COMPANY, FOR STAGING/MATERIAL STORAGE AND LAYDOWN/FABRICATION AS MORE PARTICULARLY DESCRIBED IN THE CONSTRUCTION DRAWINGS P-1 THROUGH P-8, AND THE RELOCATION, CONSTRUCTION, INSTALLATION AND MAINTENANCE OF TWO EXISTING HIGH VOLTAGE ELECTRICAL CABLES TO ACCOMMODATE THE DREDGING OF THE SOUTH CHANNEL OF THE PORT OF MIAMI UNDER AND THROUGH THE CITY OF MIAMI PROPERTY LOCATED IN SUBMERGED LAND ON BISCAYNE BAY, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE PERIOD COMMENCING AS OF THE DATE OF EXECUTION OF SAID GRANTS OF EASEMENTS, AND CONTINUING UNTIL COMPLETION OF THE PROJECT WHICH SHALL NOT TO EXCEED ONE YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND GRANT OF EASEMENT, FOR SAID PURPOSE. 03-0176 -cover memo 1.pdf 03-0176 - public hearing memo 2.pdf 03-0176 - notice of public hearing -3.pdf 03-0176 -exhibits.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1154 Chairman Winton: PH.1. Keith Carswell: Keith Carswell, Director for Economic Development. This is just really granting of a temporary construction easement and grant of an easement to FP&L (Florida Power & Light) for the relocation of power lines, in connection with the south core dredging. Vice Chairman Teele: So moved. Commissioner Gonzalez: Second. Commissioner Sanchez: Question. Chairman Winton: Public hearing. Anyone from the public would like to speak on PH.1? If not, we'll close the public hearing. We have motion -- Commissioner Sanchez: Question. Chairman Winton: -- second. Question. Commissioner Sanchez: Question. City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Yes, sir. Commissioner Sanchez: Do you foresee any negative impact on redevelopment efforts? Mr. Carswell: No. Chairman Winton: OK. Any other discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. PH.2 03-0177 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY AN AFFIRMATIVE FOUR -FIFTHS (4/5THS) VOTE, AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE THE PROPERTY LOCATED AT 254 NORTHEAST 59TH TERRACE, MIAMI, FLORIDA, ("PROPERTY"), AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, WITH A PURCHASE PRICE OF $545,000, AUTHORIZING THE CITY MANAGER TO EXECUTE THE OPTION TO PURCHASE REAL PROPERTY AGREEMENT ("OPTION AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND CHARLOTTE STEVENS (SELLER), AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE OPTION AGREEMENT; ALLOCATING FUNDS, IN THE AMOUNT OF $570,000, FROM THE $255 MILLION HOMELAND DEFENSE /NEIGHBORHOOD IMPROVEMENT BOND TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF COST OF SURVEY, APPRAISAL, ENVIRONMENTAL REPORT, AND TITLE INSURANCE. 03-0177-appraisals 03--0177 - agreement 03-0177 -cover memo.pdf 03-0177 - public notice memo.pdf 03-0177 - public notice .pdf 03-0177 - exhibit .pdf DEFERRED On motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, the Commission unanimously voted to DEFER item PH.2 to the Commission meeting currently scheduled for November 25, 2003. Chairman Winton: PH.2. You need to be on the -- Yeah, you don't need to -- Keith, go give them to somebody to hand out. Keith Carswell: Keith Carswell, Director for the Department of Economic Development. This is the acquisition of a property in the vicinity of the Caribbean Marketplace to support the Little Haiti Park effort. This property on your chart is number 68, which is X'ed out. Number 66 is the Caribbean Marketplace. Also, I would like to note that 54, 55, 57, 58, 60 and 62, which are across the street on Northeast 2ndAvenue -- Northeast 59th Terrace, those properties were City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 acquired by the City, and they will probably support parking for the Caribbean Marketplace, as well as the Black Box Theater. We anticipate that this will probably be used for either parking or a portion of the Black Box Theater in connection with the Little Haiti Park development. Chairman Winton: Well, Keith, I think that you have to put very clearly on the record why we're buying this for more than 50 percent over appraised value. I mean, we need that very clearly. And I was also disappointed that a copy of the appraisal wasn't in our package, so I couldn't look at anything. There's nothing in here about per square foot cost associated with anything. This is just kind of blah, you know, blah, blah, blah, blah, blah, we ought to buy it. And that's not good information. We can't make good decisions from that. And we also happen to know that different media outlets are looking at the City ofMiami in terms of the way we buy land, and we need -- Vice Chairman Teele: Move this item -- Chairman Winton: -- good answers. Vice Chairman Teele: -- be deferred to the next meeting. Commissioner Gonzalez: Second. Chairman Winton: And that's probably -- Mr. Carswell: I have the answers to those questions. Chairman Winton: Well -- but we probably -- Commissioner Sanchez: Well -- Chairman Winton: -- we probably ought to review the appraisal, and then you can come back at the -- Is it time sensitive? Commissioner Sanchez: But, may I, Mr. Chairman? Chairman Winton: Yes, sir. Commissioner Sanchez: We only have ourselves to blame. When we passed that resolution in 2002 identifying that area for that development there, of course, properties going to go up. And we're going to be faced with that paying property at a large percentage in my district, in Allapattah, everywhere now with a parking issue. Chairman Winton: I know -- Commissioner Sanchez: But I understand your concern. Chairman Winton: Yeah. And I'm in complete agreement with you. We're -- you know, what we're doing in the City to clean it up is going to drive property values up. Commissioner Sanchez: Same thing with the baseball stadium. Chairman Winton: Commissioner Teele said this from day one. We've all said it. But we better have on the record -- Commissioner Sanchez: Listen, I'm a stickler for backup material. You don't have to -- City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Keith, is it -- Mr. Carswell: Yes. Chairman Winton: -- is it a time sensitive issue that wait two more weeks hurts anything? Mr. Carswell: The seller was anxious, but I believe we can defer it for two more weeks without an issue. Chairman Winton: OK. Thank you. So we have a motion to defer it to the next Commission meeting. Alejandro Vilarello (City Attorney): To November 25th. Chairman Winton: Yeah, November 25th. Second. Any further discussion? If none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Just make sure we all get a copy of the appraisal so we can look at it. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: On the point, though, Commissioner Sanchez has put his finger on it. All of these properties right now are doubled in value. There's an easy way to do this, and there's a hard way to do it. I've always said we should not use eminent domain unless you cannot negotiate a fair price. But, ultimately, folks, we're going to have to basically -- Chairman Winton: I agree. Vice Chairman Teele: -- do what the DOT (Department of Transportation) does everyday -- Chairman Winton: I agree 100 percent. Vice Chairman Teele: -- and we're going to have to do that and let the courts decide -- Chairman Winton: Right. Vice Chairman Teele: -- the value of some of this property. Mr. Carswell: And as -- Vice Chairman Teele: And that's all it is. It's a question of evaluation. Every -- virtually everybody who's come and complained has come back behind the backdoor and said, I'm willing to sell if you sell it at my price. Is that a fair statement? Mr. Carswell: That is correct. And as a -- Vice Chairman Teele: So -- and my position is, I don't want to be the one to make those judgments on all cases. On some cases, yes. But on these large parcels of land, I think we ought to be prepared to do eminent domain. City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Me, too. Vice Chairman Teele: And the courts are going to give them much more than we would give them. Mr. Carswell: As a point of reference, based on the Post Buckley report, this is less than what the Post Buckley estimate that the condemnation would be. Commissioner Sanchez: And at the end of the day, with the courts and stuff you'll probably be paying exactly what -- and even more. Vice Chairman Teele: They'll pay more because the legal fees -- Commissioner Sanchez: Because we have to pay the attorneys -- exactly. Vice Chairman Teele: The outside lawyer fees on this thing -- Commissioner Sanchez: Has to be picked up by us. All right. Vice Chairman Teele: -- have to be picked up -- both sides. Chairman Winton: Both sides. That's right. But we can still win some of these battles, but we've got to have information in front of us that's more than this, Keith. Mr. Carswell: OK. Chairman Winton: Because that's -- Commissioner Sanchez: Fair. Chairman Winton: -- that's what opens us up to legitimate criticism. I'm going to vote to pay significantly above, butt want to make sure that, on the record, we have the real justification for doing that. Vice Chairman Teele: All right. Chairman Winton: And I'm in the business, so I understand how this works completely. And it works exactly as Commissioner Teele's discussing. OK. PH.3 03-0178 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "OVERTOWN STATION," A REPLAT AND A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS OF THE PLAT AND STREET COMMITTEE, SET FORTH IN "EXHIBIT A," AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, AND ACCEPTING AND CONFIRMING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 03-0178 -cover memo -1.pdf 03-0178 -budgetary impact analysis -2.pdf 03-0178 -request for public notice -3.pdf 03-0178 -notice of public hearing -4.pdf 03-0178 -back up memo -5.pdf 03-0178 -report of proposed record plat -6.pdf 03-0178 -exhibits.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1132 Chairman Winton: OK PH -- Commissioner Sanchez: 3. Chairman Winton: 3. Commissioner Sanchez: Is that a public hearing? Chairman Winton: Yep. Vice Chairman Teele: PH is public hearing. Chairman Winton: All the PH's are public hearings. PH.3 is a public hearing. Anyone from the public like to speak on PH.3? Douglas Dean: Sir? Chairman Winton: Yes, sir. Name and address for the record, sir. Mr. Dean: Yes, sir. Good afternoon, Commissioners. My name is Douglas Dean. I represent the firm of Post, Buckley, Schue and Jernigen. We're the surveyor of record for the plat of Overtown Station. We represent Miami -Dade Transit. The only thing that I could say at this time is that, to the best of my knowledge, we've discharged all of the City's requirements, as far as the vacation of the intervening street, the Northwest 7th Street. That's what we were here for last time. The City's Surveyor's Office and City's Public Works staff has been satisfied, you know, as far as meeting all the conditions are concerned. And that's basically it. Chairman Winton: So we're just -- we're platting here. Commissioner Sanchez: So move. Mr. Dean: That's correct. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. Any further discussion? If not, all in favor, "aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Mr. Dean. Thank you, Commissioners. Chairman Winton: Thank you. PH.4 03-0179 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING A PERPETUAL, NON-EXCLUSIVE TEN (10 ) FOOT WIDE GRANT OF EASEMENT FOR ON CITY -OWNED PROPERTY AT THE MELREESE GOLF COURSE, LOCATED AT 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO FLORIDA POWER & LIGHT COMPANY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES TO SERVICE EXCLUSIVELY CITY -OWNED PROPERTY, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE, OR THE SIZE, OR REMOVE ANY AND ALL SUCH FACILITIES WITHIN THE EASEMENT WITH FULL RIGHT OF INGRESS AND EGRESS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE, EXECUTING A JOINDER AND CONSENT TO THE EASEMENT, ATTACHED AND INCORPORATED, FOR SAID PURPOSE. 03-0179 -cover memo -1.pdf 03-0179 -public hearing memo -2.pdf 03-0179 -notice of public hearing -3.pdf 03-0179 - exhibits.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado R-03-1155 Chairman Winton: PH.4. Commissioner Gonzalez: It's a public meeting, butt move PH.4. Chairman Winton: PH.4. is a public hearing. Anyone from the public like to speak on PH.4? Anyone on PH.4? If not, we'll close the public hearing. Keith Carswell (Director, Economic Development): There are a couple of addendums -- Chairman Winton: Yes, sir. Mr. Carswell: -- to this item. As you may recall, this item was deferred from the last Commission meeting. The City Attorney is distributing the addendum. There are a couple of things to the addendum that will be made, and we just finalized it with the property owners a few minutes ago. The points are access, and the last page has -- you have a copy of the map of the property. But access will be provided to -- City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Gonzalez: We're talking about two different issues here. This addendum is for PH 5, and we're discussing PH.4. Commissioner Sanchez: Yeah, this is different. Mr. Carswell: I thought it was PH.4. Commissioner Sanchez: They're just handing this out. This has nothing to do with this one. Mr. Carswell: PH 5 -- Commissioner Sanchez: No, no, no. PH.4. This is PH.4. Mr. Carswell: Oh, I thought we were on PH5. Sorry. But I still have PH. -- Commissioner Gonzalez: He's speaking on PH.4. Chairman Winton: OK. Mr. Carswell: I still have PH.4. PH.4 is nothing more than the granting of an easement to FP&L (Florida Power and Light) in connection with the development of the intermodal off of LeJeune Road. Commissioner Gonzalez: I move PH.4. Chairman Winton: We have a motion and a second. And my only -- my only word of -- I already did the public hearing on it. My only word of caution is that with FP&L, you want to make sure that you are monitoring carefully what they're -- what they're putting back when they move stuff because they're famous for -- Commissioner Sanchez: What do we get in return? Mr. Carswell: In this particular instance, this is for -- Commissioner Sanchez: With all the easements that we approve here, what are we getting in return? Do we get anything in return? Mr. Carswell: In this particular instance, this is for our benefit. This is to provide power to Melreese Golf Course. Chairman Winton: Oh. Mr. Carswell: This is moving the utility poles that supply power to Melreese Golf Course. Commissioner Sanchez: But they're charging you for that, aren't they? Mr. Carswell: No. Commissioner Sanchez: They're not. Mr. Carswell: No. Commissioner Sanchez: So we're getting that in return. In other words, we're getting free service from them. City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Mr. Carswell: Correct. Well, we pay -- we pay the monthly bill. Commissioner Sanchez: Well, we pay the light bill, but -- Mr. Carswell: Right. Commissioner Sanchez: OK. Chairman Winton: OK. Any further discussion? If not -- Priscilla A. Thompson (City Clerk): I'm sorry, I'm sorry, Chairman. I didn't get the seconder. Commissioner Sanchez: I seconded it. Ms. Thompson: Thank you. Chairman Winton: Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. PH.5. Vice Chairman Teele: I assume that the operator of the Melreese Golf Course -- Mr. Carswell: Yes. Vice Chairman Teele: -- is comfortable with this? Mr. Carswell: Yes. Vice Chairman Teele: We need to make sure we don't impair anybody's contract. PH.5 03-0021 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 00-609, ADOPTED JULY 20, 2000, WHICH AUTHORIZED THE SALE OF THE PROPERTY LOCATED AT 27 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, ("PROPERTY"), TO ICARE BAYPOINT SCHOOLS, INC. ("ICARE"), A FLORIDA NOT FOR PROFIT CORPORATION; DECLARING CERTAIN CITY -OWNED PROPERTY SURPLUS; FURTHER APPROVING THE SALE OF SAID PROPERTY TO RIVERHOUSE LOFTS, LTD., A FLORIDA LIMITED PARTNERSHIP, FOR A PURCHASE PRICE OF $225, 000; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER SUBJECT TO THE CONCURRENCE OFTHE PURCHASER AS MAY BE NECESSARY TO MEET THE BEST INTERESTS OF THE CITY. City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 03-0021 - memo -1.pdf 03-0021 - notice of public hearing -2.pdf 03-0021-agreement-4.doc 03-0021-Addendum to Agreement-5.doc 03-0021 back-up-6.pdf 03-0021 -exhibits.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Teele and Winton Absent: 2 - Commissioner Regalado and Sanchez R-03-1156 Chairman Winton: PH.5. Keith Carswell (Director, Economic Development): PH.5. As you may re -- Chairman Winton: PH.5 is also a public hearing. Anyone from the public like to speak on PH.5 ? Santiago, is that you? Santiago Echemendia: Yes, sir. Evening, Mr. Chairman. Santiago Echemendia, 201 South Biscayne Boulevard. Maybe if Keith could give you a little background, I could amplify on it. Chairman Winton: OK. Mr. Carswell: As you may recall, at the last Commission meeting, this item was deferred, because there was a land lock issue with an adjacent property owner, that being Icare. If you'd take a look at the map, the last page of the document that was provided to you. The property -- the property that's highlighted in yellow is a property that we're looking at selling. The Icare property is adjacent to that property, immediately to what would be the east. Initially, when we came before you, we had not resolved the issue of providing access to the adjacent property owner. We have since met, and we provided an addendum to the purchase and sale agreement that was initially provided to you, and we've also made a few modifications wherein access will be provided along Southwest North River Drive for basically access to the property. Also -- Chairman Winton: How do you do that? Mr. Carswell: Hmm? Chairman Winton: How do you do that? The property doesn't abut Southwest North River Drive. Mr. Carswell: Off of Southwest North River Drive along the Southwest First Street Bridge, there's an FDOT (Florida Department of Transportation) -- Chairman Winton: OK. Mr. Carswell: -- easement, as well as potential access to the Icare property. Chairman Winton: OK. Mr. Carswell: And historically, that is how they've accessed their property in the past. Chairman Winton: OK. City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Mr. Carswell: Now, for emergency vehicle purposes, in case of a fire or police protection, they are looking at providing access either through -- off of Southwest North River Drive or off of Flagler Street. And also, the purchaser, he's concerned about securing the property. So at his cost and expense, they will be providing fencing of the property, which is Number 2 on the addendum that you have. And the seller has agreed and the buyer has agreed -- well, the buyer has agreed and the adjacent property owner has agreed to provide prior to closing an indemnification to the City, to support us providing access as it relates to this confract. Did I -- Echemendia: Yeah, that's right. Paragraph 2 of the -- Chairman Winton: Name and address, please. Mr. Echemendia: Santiago Echemendia, 201 South Biscayne Boulevard, with the Law firm of Tew, Cardenas, on behalf ofRiverhouse Lofts. We have -- one of the things that the City Attorney asked for earlier today, relative to the -- it's in the addendum of your packet, which is the additional language regarding the access. In Paragraph 2, the purchaser agreed to indemnify the City with respect to the access issues. Alex very appropriately suggested that we also secure the same sort of indemnification from Icare, which is the adjoining property owner that we're providing access to, in favor of the City, not in favor of us. So, in effect, it would be nice if they came up to the podium and indicated their concurrence to provide you indemnification. I just wanted to add a little background, because though we will -- we agree to access on North River Drive, I do want to tell you that, just to give you a little context, we do so begrudgingly. And we'll accede to it, but just one minute of time. These folks were -- had a contract to purchase the property back in 1999 and 2001. They didn't close on their contract. They then asked the City for access through North River Drive. The City opined in a legal opinion that they did not have to provide them access. Last month, we were scheduled for hearing. We were recommended to be approved. Then, the Manager, trying to do what's in the public interest, suggested let's pull the item and let's see if you guys would be willing to provide them access. Without even negotiating, we agreed to provide them either/or -- which is what's in front of you today -- access through North River Drive or through Flagler Street. Just this morning, the adjoining property owner, Icare, the same folks who never closed on the confract with you, suggested that they'd rather have access on North River Drive and not through Flagler . You know, we will agree to accommodate them, but, respectfully -- and it's unfortunate that we didn't speak before -- we already accommodated them the first time. We would ask that it be -- it's the reasonable decision of this Commission would be to give us the option to provide them -- to the extent that we didn't negotiate a reduction in the consideration, we didn't re -negotiate anything, we basically agreed to provide them access either through North River Drive or Flagler -- that we be given that option, because they come here and they say, we'd rather have the option through North River Drive, which nobody legally -- which is not even legally required . We're simply suggesting, please, folks, give us the option. We will agree to North River Drive if we have to, and we indicated that to Keith and Icare, but our druthers would be to have the option of providing either/or. Chairman Winton: Who are you buying this from? Mr. Echemendia: We're buying Lots 9 and 10 from the City. We are -- we have -- Chairman Winton: So who is it you would have been negotiating some different considerations for -- relative to this easement or relative to that? Mr. Echemendia: With the Administration. In other words, we -- there was an appraisal of 152, 000. We bid 225, 000. And then -- and then we were told, now, you're going to have to provide access, without changing the number. And we said, no problem, but we can either do it through North River Drive or Flagler. And that's what's on your agenda today. Just this morning, we were told, well, Icare really just wants North River Drive. And we said, well, if we really have City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 to, but it seems kind of at the eleventh hour. We should at least be afforded the either/or. And that's the only point. Mr. Carswell: And what we agreed to do, and all parties agreed -- Commissioner Sanchez: And all parties -- all parties -- you did what? Mr. Carswell: All parties agreed verbally -- Commissioner Sanchez: All parties need to put on the record that they agreed on the easement. Mr. Carswell: Correct. What I presented was what we agreed to. Mr. Echemendia: No, I understand. Andl -- Mr. Carswell: OK. And so -- Mr. Echemendia: Well, I mean, we agreed to it; otherwise, we wouldn't be in front of you. Butl guess the point I'm making is -- Chairman Winton: Well would -- Vice Chairman Teele: I'm going to -- Mr. Chairman, before you say anything, I'm going to very honest with you. This doesn't look good. It looks real messy. I don't know what we're doing. But will tell you this, Keith. I have confidence in you, but when we start talking about access, the Public Works Director ought to be the person speaking. That's the person who is -- who advises the City Commission on the reasonableness of access as a matter of State law. And we need an engineer up here telling us, because we're getting ready to get -- You know, we got a smart Philadelphia lawyer down here, now. Mr. Echemendia: No. Art, Art, with all due respect, we can't even close until we provide them legal access, meeting the minimum requirements. That's in the language. I mean, Keith was very thorough. And Icare is here, and they're supportive, as well. And I don't -- I -- I mean, I'd rather just go with North River Drive. I wanted to make a point relative to the process. Chairman Winton: You almost talked yourself out of a deal. Mr. Echemendia: That's correct. So let's go with North River Drive, and then we'll accede to it. All right? Vice Chairman Teele: I'm not trying to change the deal, but all that I'm saying is this could wind up five years from now becoming a big issue. And somebody is going to say, who were those clowns that looked at this? I don't know what the ramifications are. I don't know what the fire truck ramifications are coming in, or the ambulance and all of that stuff. I mean, that's not my portfolio. But have respect for all of the parties that are here, but it just seems to me that we need to be hearing from the Public Works Director. Chairman Winton: Is she here? Unidentified Speaker: Yes. Chairman Winton: Well, can we hear from her? Unidentified Speaker: She's here, but she has not reviewed the issue. City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Oh. Unidentified Speaker: This has not been presented to our office. Mr. Echemendia: Through the Chair, ifI may, it's subject to Public Works approving this. There will be no closing -- Vice Chairman Teele: But, see, that's not fair to Public Works. Mr. Echemendia: OK. Vice Chairman Teele: And it's really not fair to us. Chairman Winton: Right. Vice Chairman Teele: I mean, it's really, really, really, Mr. Manager, Madam Manager, Mr. Director, it's really not fair -- Mr. Attorney, especially. You need to be protecting us. We should not be approving something subject to the Public Works -- Now we're all working for the Public Works Director. Alejandro Vilarello (City Attorney): I don't know what Mr. Echemendia is talking about. This is a simple purchase and sale agreement between the City and a party. The condition -- a precondition to closing is to provide those adequate access easements. In terms of whether or not Public Works has reviewed it, I'm being told Public Works has not reviewed it. It's access to a party that is not a party to this confract. Mr. Echemendia: Commissioner -- Vice Chairman Teele: Say that again, Alex? Mr. Vilarello: The individual owner who is going to be provided access is not a party to this transaction. Mr. Echemendia wanted to discuss it, buticare -- Is it your client, Mr. Gimenez? -- is not a party to the confract. It is the purchaser's obligation to provide us an indemnification and hold harmless agreement with regard to the access, and it's a condition prior to closing. That protect the City's interest. Mr. Echemendia: And Icare is also indemnifying you. You're indemnified by us and Icare relative to the access issue, and there is no exposure to the City, whatsoever. Mr. Vilarello: Icare is the one that I'm concerned about. Chairman Winton: Santiago, I think you ought to -- Mr. Echemendia: Yes. Thank you. Chairman Winton: -- let our City Attorney get us back on track. So, Mr. City Attorney, you're opining here that we have no risk today, tomorrow, five years from now, ten years from now that we're protected. Mr. Vilarello: That's correct, as a condition of the closing. We will not sell unless they provide us a hold harmless provision, indemnification and hold harmless provision from the third party whose access we're talking about right now. Chairman Winton: OK. City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Gonzalez: OK If that is the case, I'm ready to move PH.5. Vice Chairman Teele: I'll second it. Chairman Winton: We have a motion and second on PH.5. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Mr. Echemendia: Thank you. 3:00 P.M. PH.6 03-0180 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING $49, 500 FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDS (29TH YEAR CDBG, SECTION 8, HOME, AND HOPWA) TO URBANA RESEARCH & CONSULTING, INC. TO PROVIDE CONSULTANT SERVICES RELATING TO THE FIVE YEAR CONSOLIDATED PLAN; AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID AGENCY FOR SAID PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. 03-0180 - cover memo -1.pdf 03-0180 - Advertizement -2.pdf 03-0180 - professional service agreement.pdf 03-0180 - scope of services.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1153 Chairman Winton: We have a three o'clock time certain, which is PH 1, Five -Year Consolidated Plan. Barbara Rodriguez (Director, Community Development): PH.6. Chairman Winton: I -- That's what I meant. I looked straight at it, PH.6, and I said 1. Ms. Rodriguez: Barbara Rodriguez, Department of Community Development. We're asking approval on -- to fund from our administration forty-nine thousand, five hundred dollars ($49, 500) to Urbana Research Company to help us with the five-year plan that is due next year, October 1st. This comes from our administration budget. Chairman Winton: This is a public hearing. Ms. Rodriguez: Yes. Chairman Winton: Anyone from the public would like to speak on PH.6? Anyone from the City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 public on PH.6? If not, we'll close the public hearing. Commissioner Gonzalez: Move PH.6. Chairman Winton: Got a motion. Commissioner Sanchez: Second. Chairman Winton: Second. Dis -- It's a resolution? OK. I couldn't find the thing. Right in front of me. Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Sanchez: Great presentation. ORDINANCES - EMERGENCY EM.1 03-0156 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WEED AND SEED PROGRAM," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $209,500, RECEIVED BY THE CITY AS A GRANT FROM THE DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR WEED AND SEED, THROUGH MIAMI/MIAMI-DADE WEED AND SEED, INC. TO BE USED BY THE DEPARTMENT OF POLICE FOR THE PREVENTION OF CRIME, DRUG ABUSE, GANG ACTIVITY AND TO IMPROVE THE QUALITY OF LIFE IN LITTLE HAITI AND UPPER EASTSIDE COMMUNITIES; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0156 -cover memo -1.pdf 03-0156 -backup documents -2.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12433 Chairman Winton: I'd like to go back to EM.1. Establishing special revenue fund, Weed and Seed Program. It's a grant. Ordinance, 4/5ths vote. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Motion, second. Anyone from the -- is this a public hearing, too? Alejandro Vilarello (City Attorney): No. Chairman Winton: OK. So any further discussion? If not, read the ordinance. The ordinance was by title into the public record by the City Attorney. Chairman Winton: Roll call, please. Roll calls were taken, the results of which are stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted as an emergency measure, 5/0. ORDINANCES - SECOND READING SR.1 03-0024 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE III, DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO DECREASE, FROM $2.00 TO $1.00, THE FEE THE CITY CLERK MAY CHARGE FOR THE CERTIFICATION OF A PUBLIC RECORD; MORE PARTICULARLY BY AMENDING SECTION 2- 142(d) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0024 -memo -1.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado 12431 Chairman Winton: How aboutEM-- Commissioner Gonzalez: PH 6. We did that already. Chairman Winton: Yeah, we did PH 6. So we should be able to go to EM.1. Commissioner Gonzalez: E.M. Ordinance. OK. Priscilla A. Thompson (City Clerk): EM.1 is 4/5ths vote, sir. Chairman Winton: Well, I guess we'll go to something else. We've done SR -- SR.1 got deferred, SR.2. How about SR.3? Ms. Thompson: I'm sorry. You said SR.1 is deferred? Chairman Winton: That's what I have. Was SR.1 deferred? Ms. Thompson: No. City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Gonzalez: No, it was not. Chairman Winton: No? Commissioner Gonzalez: I don't think so. OK, move SR.1. Chairman Winton: No. OK. Vice Chairman Teele: What's this? Chairman Winton: It was not deferred, Madam Clerk? Ms. Thompson: No. I don't have it listed as deferred. Chairman Winton: OK. I just had it written on here, so my apologies. So we're back to SR.1, and we have a motion on SR.1. Commissioner Gonzalez: Yes, sir. Chairman Winton: Commissioner Teele? Vice Chairman Teele: Second. Chairman Winton: Got a motion and second on SR.1. It's an ordinance. Would you read the ordinance, please? The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. SR.2 03-0025 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED" THE MIAMI COMMISSION ON THE STATUS OF WOMEN ("MCSW') SPECIAL PROJECT FUND," CONSISTING OF MONIES RECEIVED AS DONATIONS, CONTRIBUTIONS AND BY FUND RAISINGS; AUTHORIZING SAID FUNDS TO BE USED EXCLUSIVELY TO COVER COSTS ASSOCIATED WITH MCSW SPONSORED CONFERENCES, SPECIAL EVENTS, AND COMMUNITY SPECIAL EVENTS AND COMMUNITY PROJECTS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT AND DEPOSIT INTO SAID SPECIAL REVENUE FUND, ALL DONATIONS AND CONTRIBUTIONS RECEIVED AND FUNDS RAISED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0025 - cover memo -1.pdf City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12432 Chairman Winton: Second reading ordinance, SR.2. Vice Chairman Teele: So move. Chairman Winton: Motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. Read the ordinance, please. Alejandro Vilarello (City Attorney): Public hearing. Chairman Winton: Huh? Mr. Vilarello: It's a public hearing. Chairman Winton: It is? Mr. Vilarello: Yes. Chairman Winton: Are all these a public hearing? Mr. Vilarello: Second reading ordinances are all public hearings. Vice Chairman Teele: All SR's -- Chairman Winton: Oh, always? Vice Chairman Teele: -- second reading. Chairman Winton: OK. SR.2 -- Well, I didn't do that on SR.1, by the way. I didn't do the public hearing portion. So SR.2 is a public hearing. Anyone from the public like to speak on SR.2? If not, we'll close the public hearing. And then you need to tell me what to do about SR.1. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. SR.3 03-0026 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS/COMMUNITY RELATIONS City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 BOARD" TO (1) INCREASE THE NUMBER OF MEMBERS, FROM TWELVE TO THIRTEEN, APPOINTED TO THE COMMUNITY RELATIONS BOARD ("CRB"), (2) CHANGE THE PROCESS BY WHICH VACANCIES ON THE COMMUNITY RELATIONS BOARD ARE FILLED TO REQUIRE THAT THE MAYOR OR CITY COMMISSION CHOOSE THEIR APPOINTMENTS FROM A LIST OF CANDIDATES SUBMITTED BY THE CRB MEMBERS, AND (3) CHANGE TO SEVEN MEMBERS, THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM; MORE PARTICULARLY BY AMENDING SECTION 2-1152 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0026 -cover memo -1 .pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12434 Chairman Winton: SR.3, second reading. Commissioner Gonzalez: Move SR.3. Chairman Winton: Motion. Second? Commissioner Sanchez: Second. Chairman Winton: Got a motion and second on SR.3. Discussion. Being none, read the ordinance, please. Alejandro Vilarello (City Attorney): I'm sorry. Did you open the public hearing? Chairman Winton: SR.3. Commissioner Gonzalez: Public hearing. Mr. Vilarello: Did you open the public hearing? Chairman Winton: Yes. Commissioner Gonzalez: Public hearing. Chairman Winton: Oh, I didn't? Did I? Hell, I don't remember. I thought did. ButSR.3 is a public hearing. Anyone from the public like to speak on SR.3? If not, we'll close the public hearing. I don't think did. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. SR.4 03-0046 ORDINANCE Second Reading City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 35, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/ COCONUT GROVE PARKING IMPROVEMENT TRUST FUND," TO (1) REDUCE THE WAIVER FEE FROM $600 TO $540 PER PARKING SPACE PER YEAR, (2) REDUCE THE PURCHASE PRICE FOR PARKING SPACE WAIVER FROM $6,000 TO $5,400 PER PARKING SPACE, AND (3 INCREASE THE AMORTIZATION PERIOD FROM SIX (6) YEARS TO FIFTEEN (15) YEARS, AND (4) GRANT PARKING CREDIT FOR BUILDINGS BUILT PRIOR TO 1960 THAT HAVE BEEN DEMOLISHED OR MAY BE DEMOLISHED; MORE PARTICULARLY BY AMENDING SECTION 35-224 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0046 - cover memo -1.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12435 Chairman Winton: Second reading, SR.4. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion. SR.4 is a public hearing. Anyone from the public like to speak on SR.4? If not, we will -- yes, ma'am. Priscilla A. Thompson (City Clerk): Ms. Lucia Dougherty was here. She was waiting to speak on that. Chairman Winton: She was? Commissioner Regalado: She's outside. Chairman Winton: Huh? Commissioner Regalado: She's outside. Art is here, too. Vice Chairman Teele: What? Commissioner Regalado: Art. Chairman Winton: Well, he's only here to answer any questions. Commissioner Regalado: You have anything to say on the -- Commissioner Sanchez: He's not -- Chairman Winton: You want to speak on SR.4? You don't have to speak. Do you have -- we're not requiring you to speak. We just want to know if you want to speak. City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Art Noriega (Director, Off -Street Parking): Well, unless -- I mean, there's nothing really to talk about, unless there's any questions or concerns. It's pretty straight forward. Chairman Winton: Thank you. Is Lucia coming? Well -- Commissioner Regalado: She's outside. Chairman Winton: Yeah. Well, we opened the public hearing. We've waited now on the opening of the public hearing. We're closing the public hearing. Read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. SR.5 03-0121 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "234 TOWER L.L.C. CONDOMINIUM PROJECT FUND"; AUTHORIZING THE ALLOCATION OF FUNDS FROM AFFORDABLE HOUSING TRUST FUND ACCOUNT NO. 367101, IN THE AMOUNT OF $1,000,000, AND THE APPROPRIATION OF SAID FUNDS INTO SAID SPECIAL REVENUE FUND; AUTHORIZING A GRANT IN THE AMOUNT OF $1,000,000, TO 234 TOWER L.L.C., TO DEFER COSTS OF DEVELOPING A 196 UNIT RESIDENTIAL/ COMMERCIAL CONDOMINIUM PROJECT KNOWN AS "THE LOFT", TO BE LOCATED AT 230-234 NORTHEAST 3RD STREET, MIAMI, FLORIDA, OF WHICH 102 OF THE UNITS WILL BE PRICED NOT IN EXCESS OF 90) NINETY PERCENT OF MIAMI MEDIAN SALES PRICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONTINGENT UPON 234 TOWER L.L.C. PROVIDING EVIDENCE OF FIRM FINANCING FOR THE FULL PROJECT AND THE RECEIPT OF A FULL AND COMPLETE APPRAISAL OF THE PROPOSED PROJECT ACCEPTABLE TO THE CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. . 03-0121 - cover memo -1.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12436 Chairman Winton: SR.5, second reading. We need a motion. Commissioner Gonzalez: Move SR.5. City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Joe, Arthur, second? Commissioner Sanchez: Second. Chairman Winton: Got a motion. Commissioner Sanchez: Oh, SR.5? Chairman Winton: SR.5. Commissioner Sanchez: Yeah. But -- Chairman Winton: Public hearing. Commissioner Sanchez: When you're done with the public hearing, I just want to make a comment, very brief. Chairman Winton: OK. We have a -- SR.5 is a public hearing. Anyone from the public like to speak on SR.5? If not, we'll close the public hearing. Comment, yes, sir. Commissioner Sanchez: Yes. Mr. Chairman, I made the second. I support this 100 percent. The future and the success of downtown benefits the entire City, but let me just say that on the Affordable Housing Trust Funds, we need to really analyze it very well and see how we could spread it out through the entire City ofMiami. There is one thing that I'd like to ask the Administration at a later time is to basically analyze and compare what we are charging in Affordable Housing funds to compare with other cities, to see how much we could generate, because if we're able to compare to other cities and see that we're way below, we could always generate more money for the City. But, you know, I continue to have the problem. I wanted to use some of the funds that were available for a project in my district. I was told they were very low on the funds. So we need to address -- and not me being selfish or being self-serving -- Chairman Winton: No, that's a good point. Commissioner Sanchez: -- but I think that we really need to generate this money and distribute it. You can distribute this equally throughout the districts, but there are certain areas that could really use the help, and I think that right now, the downtown area, we put our money where our mouth was. We told the developers, hey, listen, we're going to provide incentives for you to be the frontiers, to go out there and invest, and do your projects. These projects are being done. The area is booming. Now, you're having people fighting over land. So, really, it's just a path for the future. Now, we need to take these funds and basically look at other areas in our community to see how we can implement it, and also look at the resources to compare to other cities throughout the State to see what it is exactly that we're charging. And if it's below the others, we should bring it up to par. I just wanted to state that for the record. Chairman Winton: I agree with you 100 percent on all of the above. So is there -- we don't want to give you guys a new set of priorities all of a sudden, because I know there's a lot going on, and we've got this big CIP plan working, and we really want to get that stuff done. But if there's somebody -- I think Commissioner Sanchez is 100 percent right. It's some -- we haven't reviewed the pricing structure on this for probably decades. So it's probably -- if you've got somebody that can take this on, it wouldn't hurt if it gets at least queued into somebody's priority list. Commissioner Sanchez: All right. Call the question. Chairman Winton: OK. Roll call. Oh, did you read the ordinance? Read the ordinance. SR.5. City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been adopted on second reading, 5/0. SR.6 03-0100a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND PUBLIC ASSEMBLIES; MORE PARTICULARLY BY ADDING NEW SECTION 54 6.1 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0100a - memo -1 .pdf DIRECTED to Attorney's Office Modifications proffered by the Community Relations Board were accepted by the Commission: ( 1) the definition of parades was defined as seven individuals, not two; (2) public assemblies are defined as gatherings outside a structure; (3) added a quarter of an inch to the maximum amount of wood allowed to be attached to puppets; (4) stilts with a maximum height of fifteen feet will be allowed; (4) glass vials for medicine are permitted; (5) a consistent security policy to be applied uniformly. Direction to the City Manager: to provide two vans for use by the Community Relations Board to transport good will ambassadors during the FTAA (Free Trade Area of the Americas) meetings in Miami November 17-21, 2003. See File No. 03-0100b (below) for ordinance as modified and adopted. 03-0100b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND PUBLIC ASSEMBLIES; MORE PARTICULARLY BY ADDING NEW SECTION 54 6.1 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 03-01 00b-memo-1 .pdf 03-01 00b-submission-2.pdf 03-01 00b-submission-3.pdf 03-0100b - correspondence - 4.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton 12430 Chairman Winton: What is the -- Commissioner Sanchez: Let's go ahead. Mr. Chairman, if we could just go ahead and do the appointment of the City Clerk and also the appointment of the -- Chairman Winton: Because I want to get the ordinance done. Commissioner Regalado: Mr. Chairman. Chairman Winton: I'm going to the ordinance on festivals and what have you. Commissioner Sanchez: Fine. Let's rock and roll. Chairman Winton: What is it, SR. 6? Commissioner Gonzalez: Alex, what is the item the ordinance is -- Unidentified Speaker: SR.6. Chairman Winton: It's -- this is SR.6. Commissioner Gonzalez: FR.6? Chairman Winton: SR.6. Commissioner Gonzalez: SR.6, OK. I know where we are. Go. Vice Chairman Teele: What's SR.6? Chairman Winton: That's the ordinance on festivals and parades. We're going to go to SR.6. SR.6 is a public hearing, butt would like to recognize members of our Community Relations Board first. Thank you. Brenda Shapiro: Thank you. Good morning, Commissioners. Brenda Shapiro, 1861 Southwest 21 st Terrace, Chair of the City ofMiami Community Relations Board. With me are members of the board, Linda Romero to my left, Jack Blumenfeld, who is the Vice Chair. The board has worked tirelessly, and I would like them to be recognized for the efforts that they've put in. At the request of Commissioner Teele through the County -- through the City Manager, at the hearing on October 23rd, the Community Relations Board was instructed to hold public hearings. We did that. We held a public hearing on Wednesday, October 29th, from 5 to 7, and on Thursday, October 30th, from 10 to 12. All but three members of the board were in attendance; 18 members of the public appeared on Wednesday, three appeared on Thursday. At the request of dissenters, who wanted to speak directly to representatives from the Police Department, we held a public meeting. On Friday, November 7th, from 5 in the afternoon to 7 o'clock. That meeting City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 began late because of security checks at the door. So, we started it at 20 of 6 and ended at 8 o'clock, with all those present engaging in a lively dialogue between Major Thomas Rolle, Lieutenant Steven Caceras, and George Wysong from the City Attorney's Office. It was a free - flowing give and take. We want to thank the members of the public, who have taken the time to express their concerns about the ordinance you passed on first reading, October 23rd. Their direct input has been extremely important to the revisions that you have before you, all of which we consider to be minor, but revisions that were suggested. Perhaps the most important thing that came out of the Friday, November 7th meeting was the need for housing. Chairman Winton: Could you hold up one second? Where's our City Attorney? Unidentified Speaker: Right here behind you. Chairman Winton: Oh, I'm sorry. Vice Chairman Teele: I apologize. I apologize. I had not had an opportunity and I was trying to get clarification. Chairman Winton: I thought we were missing him. Alejandro Vilarello (City Attorney): No, no, no. Chairman Winton: So, please go on. I'm sorry. Go ahead. Ms. Shapiro: Chairman Winton, that gives me the opportunity to introduce two other colleagues, who have taken time to be with us this morning, Teresa Clark, and Elena Del Monte, both members, all members of the board. Perhaps the most important thing that came out of our dialogue on Friday was the need for housing for dissenters. Vice Chairman Teele: For what? Chairman Winton: Housing. Ms. Shapiro: Housing. Shelter. Vice Chairman Teele: For what? Chairman Winton: For the dissenters. Ms. Shapiro: We checked with Santiago Corrada, the Director of the Parks Department, remembering 1972 -- some of us are old enough to remember that -- when the council and City ofMiami Beach opened up Flamingo Park so that people could camp out. Vice Chairman Teele: I'll be damned. Ms. Shapiro: Mr. Corrada informed the board that Ordinance 38871 allows camping in only one City park, that it specifically provides that and it is the Robert King High Park at 70th Avenue and Flagler Street in the Carlos Arboleya campgrounds, which are located there. That is a very long way from downtown Miami. And it has come to our attention that there can be an ordinance waiver so that downtown parks could accommodate those who have no shelter for the few days that they will be here, those parks being Dorsey, Reeves and Margaret Pace. Based upon testimony taken and dialogues held with activist groups -- Vice Chairman Teele: Excuse me. What did you just say? City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Ms. Shapiro: Pardon? Vice Chairman Teele: What did you just say about Margaret Pace? Ms. Shapiro: Margaret Pace Park -- Vice Chairman Teele: For what? Ms. Shapiro: -- is also close to downtown. Chairman Winton: Set up a shelter for the protesters in -- Ms. Shapiro: Let people camp. Chairman Winton: -- four million dollar ($4, 000, 000) park we just improved. OK. Continue, please. Ms. Shapiro: Ready? Vice Chairman Teele: This is the request that the public hearing -- Ms. Shapiro: This came out in public hearings. Vice Chairman Teele: You said there were three people in the last one? Ms. Shapiro: No. In this one, there were, what, 80? Between 50 and 60 on Friday. Based upon testimony taken and dialogue held with activist groups, as well as the wise counsel of the City Attorney's Office, the board unanimously voted to recommend the following ordinance changes, all of them minor amendments to the ordinance passed on first reading October 23rd. We have changed the definition of parades and moved from two people to seven on public streets only. Public assemblies are now defined as gatherings held outside a structure. We added a quarter of an inch to wood attached to puppets and Commissioner Teele, we allow stilts and they can go as high as 15 feet. The glass vials for medicine are now permitted. The ordinance you passed on first reading did not allow any glass containers of any kind, and it was brought to our attention that people carry glass vials for medicinal purposes. Chairman Winton: So, that's a recommended change? Ms. Shapiro: Yes. Chairman Winton: OK Ms. Shapiro: Further, I'd like to bring to the attention of the board our concern, not with the ordinance. If this Commission determines that there needs to be an ordinance, we unanimously recommend the adoption now on second hearing of this ordinance. The changes recommended are minor, but will go a long way to relieve the concerns of those who have addressed you in prior meetings. Finally, the board urges a consistent security policy to be applied uniformly to all who enter City Hall for whatever purpose at any time. Thank you. Commissioner Regalado: Excuse me. Why are you saying that? Ms. Shapiro: Because, in those three public hearings, sir, security checks were not uniform at -- from 5 to 7 on October 29th, there wasn't any sign -in. At the public hearing in the morning of the 30th, there wasn't any sign -in and there wasn't any security check, as often, there isn't. People don't open your bags when you come into City Hall. However, on November 7th, and the City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 meeting requested by those who identify themselves as vigorous opponents of the FTAA (Free Trade Area of the Americas), there were long lines, and thorough security checks leading to the misconception, we believe, that they were being targeted. That made it difficult for the board, but we got past that hurdle and extended the hours of the posted public meeting and met actually for two hours and 20 minutes, at an extended time to accommodate all people. We have concern that there is not a uniform security. I was glad to open my bag this morning and glad to see that that was happening. Commissioner Regalado: Mr. Chairman, I have a question. The CRB (Community Relations Board) has been extraordinary in taking the lead on this ordinance and meeting with all the parties, something that would have taken the City Commission days of a special session. So, we thank you very much. You've also been impaneled to participate during the parades or protests with Goodwill Ambassadors. What kind of resources do you have? The City Commission -- I remember Commissioner Teele requested that you get support from the administration. What kind of resources you requested? What kind you have? What can you need in order to perform, starting Monday, what the CRB is supposed to be doing? Ms. Shapiro: we had requested several weeks ago golf carts. They have now been authorized, sir. And we have two golf carts that will be used by Mr. Blumenfeld, who has a handicap, and by Ana Rojas, our coordinator, who has to go from station to station, where the Goodwill Ambassadors will be. We have identified some communication problems between our Community Relations Office and the City Manager's Office, but that's been addressed, and we are in continuing discussion and we think that we can clear up some of those problems, as there have been struggling e-mails back and forth, which we are going to put a halt to. Our most recent problem is that we don't have a way of transporting the Goodwill Ambassadors to sites. The Parks Department has said that they will make two vans available to us. But in the past, for the Latin Grammies, the Police Department had a van available, a PAL (Police Athletic League) van that we transported Goodwill Ambassadors for. And I don't think that the full problem -- good morning, Mr. Calvino, joined by another colleague -- I don't think that the problem of transporting Goodwill Ambassadors has been fully resolved. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I'd like to hear from the Deputy Chief on this item -- on this issue. He's over there "(expletive deleted) " and talking. Deputy Chief Frank Fernandez: Good morning, Commissioner. Vice Chairman Teele: Would you respond -- Deputy Chief would you respond to their latest issue of the transport? Deputy Chief Fernandez: I'm sorry, sir. Can you repeat it again, please? Vice Chairman Teele: The latest issue that they were briefing us on. Deputy Chief Fernandez: I'm sorry, sir. I was being briefed by the attorney. I didn't catch onto the last issue. Vice Chairman Teele: They indicated that they're having -- the panel is having problems coordinating transportation. I thought we left with clear instructions that the administration was to cooperate. They Subsequently have testified that during the Latin Grammies the police made available the Police Athletic League vans. Are those vans going to be available for the CI -- the civilian panel. City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Deputy Chief Fernandez: CRB -- Commissioner Regalado: CRB. Vice Chairman Teele: CRB -- we've got so many C's now. Chairman Winton: Yeah. Vice Chairman Teele: Citizens everywhere. They've taken over, as well you should. Deputy Chief Fernandez: Well, good morning, again. Deputy Chief Frank Fernandez, Miami Police. Yes, Commissioner, we were frying to do the best we can to facilitate them with vans or transportation. Chairman Winton: Let me help you guys a little bit. Y'all need to figure out how you meet their needs. You need to go rent another damn van or two vans or whatever it is. Go rent one. Deputy Chief Fernandez: That will be good. Chairman Winton: Trying doesn't work. Trying isn't what we want. Just get it done, please. Vice Chairman Teele: Mr. Chairman. Joe Arriola (City Manager): Commissioner, I'm sorry to interrupt there for a second. Oh, I'm sorry. Chairman Winton: I'm sorry. Mr. Arriola: But I'll get them, if not vans, I'll get them SUVs (Sports Utility Vehicles) or something else to -- Chairman Winton: Thank you. Commissioner Sanchez wanted to talk and then Commissioner Gonzalez. I'm sorry. Commissioner Sanchez: Thank you, Mr. Chairman. Let me just start by thanking the Community Relations Board for their hard labor on this. I have a couple of questions. One directed to the City Attorney. Do any of these changes constitute coming back to a first reading or could it be heard today as second reading? Mr. Vilarello: No, sir. These are minor changes that would not require the ordinance to go back to first reading. I do want to correct one item with regard to the description and that's with reference to the size limitation on the wood that's used in the puppet. There was a statement made that that was expanded. In fact, when the wood is used inside a puppet, there is no limitation on the size of the wood, so long as it's being used in the puppet. Other than that, the description was exactly what was changed and what the CRB is recommending. Commissioner Sanchez: OK One of the issues that was talked about was housing, and the idea of turning parks into camp sites. I have very much against that. I'm very much against turning our parks into campsites for an entire week when the neighbors are going to complain. You're going to have a lot of opposition from individuals that may be affected. I think that if we need to find a site, we need to find a site with less minimal impact to a surrounding community on that. So, once again, I think that the other issue, if we do this for this, we're going to open up a door that every time we have a similar event come to our community, then we're going to turn our parks into a campsite. So, I am not willing to support that issue. I just wanted to state that for City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 the record. On another note, pertaining to materials and objects that may be possession carried or used by participants in the parade or public assembly, you know, I continue to have a problem -- and I want to be very clear on this -- we need to be crystal clear as to how -- which materials they could have were talked about, you know, objects that could be turned into weapons, such as billiard balls and golf balls. Now, I'm not in favor and I don't support the police going out there and searching people's bag and searching people's private possession, but you know, if they -- they use that number, that two percent of the troublemakers that are going to come to our community, so I'll continue to use that number. They come to our community with golf balls, and with billiard balls and materials that could be used for throwing objects. We need to have a clear language and we need to know that those individuals cannot have that on that. That, you know, the stilts are fine, as long as they use it for stilts, but, you know, if they get off and they use them for a weapon, then that constitute a violation. I think one thing that we all have enforced is that we make it very clear that it's within the best interest of all those that are participating to obey the laws of our state and our City. So, I just wanted to state that for the record. Those are the concerns that I have. And I just think, basically, hearing the ordinance, I think it's constitutional. I think we don't violate anybody's constitution. I mean, we would if we started searching people and not being, you know, going out and searching people's bags and stuff, and not letting them exercise their First Amendment. But I continue to have that problem. One is the parks. I'm not going to support that. There's just no way that I'm going to allow people to camp in parks and maybe cause damage to the parks, because at the end of the day we're going to be responsible for that. And I think we need to be very, very clear on this ordinance, what are the materials that people can carry with them in open view as to being a threat to the public, the Police Department, the people that are going to be out there working to assure that everything goes right. And of course, that we protect the property of our citizens in our community. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Yes. Mr. Chairman, I -- OK. I spoke to the Vice Chairman of the CRB and one of their concerns was transportation. And at one point, he suggested that we could -- if the City could get him some golf carts. And I believe that, you know, that's up to the Chief of Police, because they know what kind of security measurements they have to implement in order to transport people from one place to another place. But as far as mobilization, I believe that the golf cart will be more -- it would be easier to move around this entire scenario. But that's up to you, Chief between you and the CRB. I also want to express that my opposition to use our parks for any type of housing deal or, you know. So, I'm also ready to vote no on the use of our parks for that type of events. Thank you. Chairman Winton: Commissioner Regalado. Commissioner Regalado: Mr. Chairman. I guess that the reason that the parks were mentioned is because on first reading, there was a promise by the City Commission to the people that went and spoke to the board regarding the City offering venues for them to express their views, either against FTAA or pro -globalization or whatever they want to express. That didn't happen and I'm sorry that it didn't, because it would have been an act of good faith from the City ofMiami offering those venues for the people to congregate -- not to camp, but to congregate, to have the media there and have a way to express their message through the media for the people. I am very concerned that we didn't follow up on that. And also I am concerned that I did not see, not until I think yesterday or the day before, anything in terms of what the Commission said on Miami TV addressing the issue of FTAA interviews or programs, interaction with the public, with members of the Community Relations Board. I think that if we, today, offer at least a venue for those who wish to express their message or have press conference to respond to the minister, there will be no need to look for options in terms of camping. The people that are coming here maybe are a lot of workers and agriculture workers and steelworkers, sugar workers, but they are organized somehow. I'm sure that they will be able to find a place to stage their groups. But I do think that today we should offer here -- not a promise that we will do that -- some kind of City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 venue paid by the City, if necessary, for the people who are trying to get their message across, opposing FTAA. And I think that we should also leave here today knowing that the resources requested by the Community Relations Board are in place. This is Monday. Today is Thursday. And you know, it will be a shame to have to chase some staff of the City on Monday morning, because we don't have two golf carts, which is something that is absurd. So, Mr. Chairman, I think that the City has to balance what we want to do. I do support this ordinance, although I think that it should not be permanent, because this is a City of parades and this is a City of protests. But these are extraordinary moments. We need to protect the safety and the lives of the residents, and the police and the CRB board member who will be around -- in and around the protests. But I think that also, the City ofMiami should welcome the people who are going to be expressing their opposing views and the only way to do it, if not by not preempting arrests, like the County did in the City ofMiami the other day, but at least offering a venue of the City, paid by the City, offered by the residents of the City ofMiami to show that Miami is mature enough to have both parties expressing their views. So, Mr. Chairman, I would like to, after we do the -- Chairman Winton: Public hearing. Commissioner Regalado: -- ordinance, to see if we can decide, on a public venue for the groups to express their views, starting Monday. Chairman Winton: OK Thank you. And Commissioner Teele has expressed that he would like to make his comments after the public hearing, which you all certainly welcomed to do again. This is a public hearing. We're going to open the process up. I guess, first of all, do we have any more questions of our Community Relations Board before they sit down? If we don't, we're going to allow them to sit down and relax. Ms. Shapiro: Thank you, Mr. Chairman. Chairman Winton: Thank you all for your fine work. Appreciate it. OK This is a -- (Applause) Chairman Winton: I hope that -- I don't know who led the charge on that applause, and no offense to you all, but I try to encourage us not to have applause for and against because it isn't an arena. It's a public hearing. So, that said, we are going to open the public hearing portion of this. So, those of you who want to speak, please line up at both podiums. We went through this the last time. If you're straggling up, eventually I will cut off the public hearing. I expect people to get lined up if you're going to speak at both podiums and be ready to speak. The time limit is going to be -- and I'm going to let you make a request of me, also by the way, but the time limit per speaker is going to be one and a half minutes. And I would like the Clerk to keep the time and that said -- oh, you have to -- do we have to -- do you have to swear in people or not? Vice Chairman Teele: No. Priscilla A. Thompson (City Clerk): No. Chairman Winton: No? OK. So, I think there's going -- I have a sense that there's more than -- are you going to speak? OK. I have a sense that there's going to be more than three people speaking. Nobody seems to be moving towards the podium, so trust me -- Unidentified Speaker: Yes. We are -- Chairman Winton: Trust me -- City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Unidentified Speaker: We're lined up. Chairman Winton: Thank you. They're not lined up. You're on. Denise Perry: We also had requested of-- Denise Perry, Power Use Center for Social Change. We had also asked for a block of time is my understanding. And so how we share that piece of time -- Chairman Winton: Well, give me the proposal because I want to hear what Max was suggesting again. Ms. Perry: -- we've already decided. Unidentified Speaker: You can make the suggestion. Chairman Winton: OK Go ahead. Ms. Perry: Right. Our suggestion is that we have a block of time, 45 minutes for us to -- Chairman Winton: No chance. So, a minute and a half per person. We're not setting up a block of time of 45 minutes for anything. Ms. Perry: Well, typically, it's two minutes, per person. Chairman Winton: It is one and a half minutes. If you want, I'll start your time now, if you would like. Ms. Perry: I guess I'm going to start. Chairman Winton: Thank you. Ms. Perry: And we did have an agreement about a block of time, but -- Chairman Winton: You had -- Ms. Perry: -- in that notion. Again, my name's Denise Perry. I'm with Power Use Center for Social Change. Do you want my address? 212 Northeast 24th Street, Miami. I'm also representing a coalition group cause. And we'd like to bring forward here that there are already laws that protect people, police and property. And that we feel that to pass this ordinance is to go backwards. This, to us, is the explicit action that is very similar to the implicit action that took place against blacks in this country before civil rights was established. We believe that it's criminalizing our expression. Miami's history depends on being able to organ -- our history has been in organizing. If we look at some of the things that have happened here, our struggle for the rights of the Haitian immigrants that are coming to this country and our struggles there, when we look at the struggles around privatization in our education system, when we look at the environmental racism struggles that we have -- I know all of you are familiar with the rodent abatement concerns that we have in this country -- in this City and this is a huge concern to us. If we choose to continue to be creative in getting the community's attention about fighting this problem, this ordinance has the ability to put a control over how we can express ourselves. This ordinance seems to allow the elite to make the decisions on how we choose to express ourselves under our First Amendment rights. If we look at some of the things that have happened here in the Elian situation, whether we agree with the people who were in the streets on that issue or not, they were not controlled in their way of how they chose to express their concerns about that situation. We are very concerned that this ordinance does that to us now and for our future. It is, you know, a part of this military control in our City, which then makes space for this City only City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 for the elite and allows them to shape our actions. Chairman Winton: Denise, your time's up. And by the way, you got two minutes, not one and a half. Because the Clerk has corrected -- Ms. Perry: Yes. Let me introduce that we have local organizations that are going to be speaking because the situation that appeared in the arrests is part of our concern. So, I want to introduce Max to talk about some more of our local concerns on this ordinance. Chairman Winton: And, Max and everyone out there, you're going to get two minutes because we don't have the capability to measure in one and a half minute segments. So, you're going to get two. You're on. Mr. Rameau: I'm grateful for the lack of technology. Max Rameau, 6127 Northwest 7th Avenue. Thank you for the opportunity to come here. It want to thank everyone who came out. Also, we just like to express from the beginning solidarity with the union workers who were here earlier fighting for their rights, and we want to strongly encourage the board and the police that when they come back next month, that they are not arrested for having illegal signs outside like they did earlier today. (UNINTELLIGIBLE) we're -- we also want to thank the Community Relations Board for a great job that they've done keeping us informed in the loop and participating in this entire process. However, we still have major issues with the ordinance as amended, if it's going to be adopted that way. Our problems are fundamentally that the intent here behind the ordinance is bad. The intent is wrong, and therefore the application is going to be bad and the application is going to be wrong. This is geared toward one specific group of people talking about a specific event or a specific idea or proposal, and it's going to set -- not only is it going to adversely affect this group worse than it would other groups who are not targeted, but it sets a bad precedent for us here, where we are going to be limiting the ability of different groups to protest. With the number of protests we have here, we can't afford to do that. In addition, in terms of the unintended consequences, there's going to be such attention created by the implementation or attempt to implement some of these rules, that it's going to have -- it's actually going to have the reverse effect of instead of reducing tension or reducing danger, it's going to increase tension and increase the potential for danger and for civil -- some kind of civil unrest. So, we have real issues with that. And I think the tensions have been displayed the past few days. We had several detentions, not arrests, by the City ofMiami police and then, of course, a couple of days ago we had the incident in the City ofMiami, although by Miami -Dade police. We were really unhappy and upset about that. Probably the worst thing about those arrests were that we can't blame that particular arrest on Chief Timoney. But -- Chairman Winton: Your time's up. Mr. Rameau: -- we're absolutely opposed to the ordinance. It's going to affect us drastically, not only this weekend, but forever after that. Chairman Winton: Thank you. Next podium. Ignacio Ortiz: Mr. Chairman, Commissioner, good morning. Ignacio Ortiz, 111 Northwest 1st Street, Suite 1085, Miami Ministerial, FTAA. With respect to the ordinance you are now considering, and its effects on the meetings of next week, I want to make clear for the record that those who oppose the FTAA and members of Civil Society Organizations will have their voices heard next week in a formal and organized process. Next week there's going to be three meetings. There's going to be the ministerial meeting, where all the trade ministers meet. There's going to be an Americas Business Forum meeting, where the business leaders meet. There's also going to be a meeting of the Civil Society Organizations, where they will get equal amount of time, face-to-face, with the ministers to express their concerns and their opposition to the FTAA. Quite literally, as soon as the ABF (Americas Business Forum) members walk out, 20 members of Civil Society Organizations are going to walk in. They're going to sit across the City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 table from the trade ministers face-to-face, tell them what they think about the FTAA. So, bottom line, their voices are going to get heard. Chairman Winton: Thank you. Next. Thelma Grant: Good morning. My name is Thelma Grant and my address is 423 Northeast 73rd Street, Apartment 1. I'm here representing (UNINTELLIGIBLE). It's -- it deals mostly with low- income family. And one thing I would like to say is that at the center that goes at, we has a lot of demonstration going on. We have a lot of instruction going on that how the demonstration would go on. And one thing we can say that we are anti. We don't want violence. We don't want police arrest us, because if the police arrest us, that can affect us. That can not only affect mothers. It will affect fathers. It will affect children. And if we don't fight now when the protest going on, where's the rights for the people? How will the people be -- will be able to standup? They talk about the people is going out there and fighting, there's violence. Yes. There's going to be tension, but what about we, as the demonstrator, who don't want no violence? We are not going out there to face violence. We are out here talking -- for the rights for the people. We not talking about rich. We are talking about the poor. What are the poor going to do when next week come? We are going out there and stand for what we say and what we mean. We really don't want to be violated on our responsibility, on the center responsibility. We want rights to be done. We want fairness to go on. Chairman Winton: Ma'am, your two minutes are up. Thank you. Next. Y'all step up, please. Over here. We're going to go -- excuse me. Are you going to -- Ms. Perry: No, no. Excuse me. This is the next speaker. We have a lineup of speakers. This is the next speaker. Chairman Winton: I'm going from podium to podium. Ms. Perry: She's ready to speak. Chairman Winton: If you keep interrupting me, I'm going to change a lot of things. I'm running the meeting. You're not. Is that all right? Ms. Perry: Correct. Chairman Winton: Thank you. Yes, ma'am. Heddy Pena: Good morning, Commissioners. My name is Heddy Pena. I'm the Executive Director -- Heddy Pena, 5541 Southwest 64th Place. I'm the Executive Director of Save Dade, and I'm here representing them. And the reason we're here is that a few -- we're one of the few organizations or perhaps the only organization that has organized opposition 365 days a year. In the past five years, Save Dade has not had a town meeting, an assembly, a pride event or protest or press conference where our opposition has not been present, with less than honorable intentions. During the No to Discrimination campaign, our opposition were trained to call the police on us, no matter what happened and our concern about this ordinance is that it could become a tool to shut down our voice in the community. So, our concern is not just with the ordinance itself which is a concern, but also with its application, because it would be a shame if some -- an ordinance that is really in place to try to protect people would be used to shut down any voices of dissent, whether it be our own, or our opposition's or FTAA protesters. Thank you. Chairman Winton: Next. John de Leon: John de Leon, 5975 South Sunset Drive, Suite 605, South Miami, Florida, with the law firm of Chavez and de Leon, cooperating attorney with the American Civil Liberties City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Union. I've not been in this chamber for over two years, after working Colombia on justice projects and working California with my now law partners Federico Sayre, who sued the City of Los Angeles on behalf of Rodney King, and Fernandez Chavez, whose father, Caesar Chavez, went forward and knew what the meeting of freedom of expression was. This County -- this country was forged during times of emergency during our forefathers' fight to gain independence from our predecessors in Great Britain. They understood the importance of freedom of expression. Those in the City who protest nonviolently against the Free Trade of the Americans are exercising the right conferred upon them, not only by the founding fathers, but by the blood of the men and women who have fought too many wars for us to be free. This Commission is being asked to pass a law -- and let's be clear about it -- that would have made the march on Washington in 1963 impossible, that would have made the farm workers March in California throughout the United States in the 1960s and 1970s impossible, all of which would -- which lead to significant public assemblies that helped change the nation for the better. The Commission is being asked to pass an ordinance, which would result in the arrest of firefighters who were outside the Commission chambers -- (INAUDIBLE) Chairman Winton: Sir, your two minutes are up. Hello. Mr. De Leon: Yes, sir. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Your two minutes are up. Mr. De Leon: I thank you. I encourage this Commission to take their duty seriously and vote against this ordinance today. Thank you. Chairman Winton: Thank you. Steffan Spencer: Yes. Good morning. Before I speak, I was hoping to pass out a letter on behalf of Coalition of National -- Chairman Winton: Yeah. Hand it to the Clerk there. Mr. Spencer: Thank you. Chairman Winton: You can pull that down further, if you'd like. There you go. Mr. Spencer: Thanks. A short guy. Chairman Winton: So am I. Mr. Spencer: Solidarity. OK. On Behalf of a coalition of almost -- Ms. Thompson: I need your name, please, for the record. Mr. Spencer: Oh, sorry. My name is Steffan Spencer, with Public Citizens Global Trade Watch in Washington, DC. I'm here to speak on -- Chairman Winton: Start him over, please. Start him at two. Mr. Spencer: Thank you. And on behalf of a national coalition of organizations ranging from the AFL/CIO, Citizens Trade Campaign, Florida Fair Trade Coalition, Public Citizens, Jobs for Justice and almost 50 other national organizations, I'm here to talk to a letter that was respectfully submitted to the Commission, as well as to Johnny Winton, to express our opposition City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 to the ordinance now under consideration. We, the under signed organizations, urge the Miami City Commission to protect the First Amendment rights of organizations who are involved in FTAA ministerial events. The proposed ordinance attempts to change current regulations that govern parades, demonstrations, rallies and assemblies in a matter that restricts First Amendment rights of the participants in the events. The ordinance does so by providing extreme -- I'm summarizing -- the ordinance does so by providing extremely broad and vague definitions of public assembly, parade and then subjecting such gatherings to an array of new prohibitions, definitions of public assembly parade and a list prohibitions leave enormous discretion to enforcing officials promoting subjective applications based on official's interpretations of individual views, intentions and messages. A policy as vague as a proposed ordinance will undoubtedly face court challenge. Its passage would also tarnish the City ofMiami with an image as a City that rejects democratic processes and ideals and seeks to strip individuals of their rights. The Constitution should not stop at the Miami City line. We urge you not to pass this ordinance and we look forward to working with you to ensure that First Amendments rights can be expressed in a safe and secure environment. Chairman Winton: Thank you. Mr. Spencer: Thank you. Edmond Campbell: Good morning. My name is Edmond Campbell. I'm with the American Postal Workers Unit. I'm the Secretary/Treasurer of the Miami Area Local. I'm here representing the AFL/CIO, both locally and nationally, that's in this room, but for the interest of saving time, the letter that was handed out was basically a letter drafted by the President of the South Florida AFL/CIO, endorsed by the national, which is expressing the views as my brother before me just stated, that the policy is vague and proposed ordinance will undoubtedly face court challenges. We're here for a peaceful demonstration. We have sat with the Citizens Relations Board and Police Department, who have given us great insight into what their plans are going to be and what not to worry about as far as criminal activities are concerned, which our Commissioner mentioned earlier, that they're worried about the danger of people here. We're here to work with the Police Department with our peacekeepers that we have provided with them, and these ordinances are going to create more problems than they would because they're in violation of First Amendment rights. Thank you. Chairman Winton: Next. Commissioner Regalado: Excuse me. Let me -- Mr. Chairman, just brief question to the City Attorney. City Attorney, if this ordinance were to be taken to court because of a First Amendment, can it be challenged because it is attacking the First Amendment specifically? Mr. Vilarello: In my opinion, this does not attack, in any respect the First Amendment. It simply establishes rules -- time, place and manner rules with regard to parades and assemblies. So, any action by the City Commission or almost any action by the City Commission can be challenged in a court of law. Commissioner Regalado: I understand that. Mr. Vilarello: I believe the ordinance that's before you will -- can be successfully upheld in any court of law. Commissioner Regalado: Thank you. Chairman Winton: Yes, sir. Alberto Fernandez: Good morning. My name is Alberto Fernandez. I'm here to represent South City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Florida, Jobs for Justice, and National Jobs for Justice. Jobs for Justice is a coalition of unions, community organizations, faith groups, students working on bringing -- to bring social justice and -- Chairman Winton: We need your address, also, please. Mr. Fernandez: Address, 1405 Northwest 167 Street, Miami, 33169. Jobs for Justice will participate in activities that are permitted peaceful, family friendly, but at the same time we fully respect and support those who are planning to engage in nonviolent civil disobedience because that's, itself a part of the labor movement and social movement. We are really concerned that an ordinance that -- the one that is under discussion right now, giving too much discretion to law enforcement officials could lead to excesses, like the arrest of three people a couple of days before. So, we think that the security provisions must respect the rights of free speech and those rights of the First Amendment. Chairman Winton: Thank you. Next. Allison Lake: I'd like -- just like to say that I've never publicly speaken -- spoken before. My name is Alli Lake. I'm from Lake Worth. Chairman Winton: We need your address. Ms. Lake: Address is 1163 North Avenue -- 3rdAvenue North, Lake Worth. I'm representing the FCAA, Free Carnival Area of the Americas. They're a group of people building puppets and flying flags and having drum corps and we're artistically showing our solidarity to people who are affected by this. We're affected by this. Other countries are affected by the FTAA. This ordinance directly affects us, as a puppet warehouse, as having stilts, as having wood, having paper that's -- you know, that we build papier-mache with. And I'd just like to make that clear, that this ordinance is really dampening (sic) on our -- you know, on our free speech of saying that we have the right to make these puppets politically and artistically, and we should fly them and they should be beautiful. And that's what we're doing. We're not the frying to cause ruckus in the streets ofMiami. We're trying to show awareness and show our solidarity. And this is what's going to happen -- I don't know if you can see that on the screen. Silence. This is what's going to happen if this ordinance is passed. Thank you. Lisa Fithian: Lisa Fithian, 1405 Helmont, Auston, Texas. I'm here on behalf of United for Peace and Justice, over 600 groups around the country who are very concerned about this ordinance, and its impact on this community, and about the policies of the FTAA, if it is passed and its impact on our world. I want to speak specifically on the ordinance and a couple other things. And I'm going to talk fast because I don't want to get cut off. We are deeply concerned about this ordinance. One of the groups I work with is about 60 women, 50-ish or so. We would often gather in parks to picnic, to meet, to decide what we're going to do. We're now going to be arrestable if we do that. You have a provision about glass. We already know that people carrying medication could be now considered, you know -- well, I think you've put that in there. But people bringing juice in jars could now be arrested for this. You have a thing here about sleeping dragons, and I'm really concerned that you're just playing into this whole fear campaign. The Americans for Peace and Justice has issued a call for nonviolent direct action. We believe that civil disobedience is a rich part and proud part of this country's history. From the abolitionists movement, suffragettes, civil rights, labor rights, South Africa divestment campaigns, people who had been shut out of the system have taken acts of conscience to speak out in protest and change. It's a part of what makes democracy work. I believe that you are all under a lot of political pressure to do this, and I think that it is against some of your conscience. We've heard some of that before. I actually want to encourage all of you to consider engaging in an act of civil disobedience and voting this down, OK? We need you to not go forward with this, you know, or the two weeks later after we're gone, to take it away. But clearly you're targeting City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 the FTAA when you use language like sleeping dragons. Instead, we actually think you should be supporting something like a free speech area of the Americas, where you actually respect the rights of free speech and you fry to ensure that our First Amendment rights are not abridged, that our observers, our medical people, our independent media are respected, that there's space for people to house, and to gather, and to speak, and communicate and we'd like to pass this as you can see. Because we believe this is the kind of thing that you should be passing, not these ordinances that make it prohibitive for people to assemble, to speak to be creative -- Chairman Winton: Your -- ma'am, your two minutes are up. Ms. Fithian: Thank you very much. Chairman Winton: Thank you. Dan Beeton: I'm Dan Beeton. I reside at 3427 Northwest 13th Street, in Washington, DC. I'm with Citizens Trade Campaign, with is a national coalition of organizations, labor unions, family farm groups, including the United Steel Workers ofAmerica, International Brotherhood of Teamsters, Friends of the Earth, Defenders of Wildlife, Communication Workers ofAmerica and several other groups. I'm here to say that we are very opposed to this proposed ordinance. We feel that this does set up a situation in which police will be able to exercise an arbitrary persecution of protesters based on the fact that they are protesters, that they're exercising their First Amendment rights by carrying picket signs that may be greater than a quarter inch thick, mounted to a piece of wood, by carrying puppets which are still -- would be illegal under this ordinance, until they are assembled and so on. I also want to take my time to urge the Commission to take the issue of housing seriously, sleeping space for demonstrators and other people coming here for the events next week, because there are tense of thousands of people coming here. Some of them have places to stay and some do not, but they are coming here, nonetheless. And I think it would greatly behoove the City to take this issue seriously and to try to alleviate any problems that would arise from thousands of people being here with no place to stay. I also want to urge the Commission to consider Commissioner Regalado's proposal that the City provides space for -- venue space for events next week for the demonstrators to utilize for events, press conferences and so on. I also want to say on behalf of several national groups and local groups that we would like to request a meeting with the Mayor to discuss these issues. Thank you. Vice Chairman Teele: All right. Ms. Perry: I just want to say that this is the last speaker in our section that we had prepared, although I'm quite certain there are other people who would care to speak. Vice Chairman Teele: Did you have any concluding remarks you wanted to make? Did you have any? Ms. Perry: No, none. Lida Rodriguez-Taseff Commissioners, Lida Rodriguez-Taseff 200 South Biscayne Boulevard, 34th Floor. I am the president of the ACL U's (Americans Civil Liberties Union) Greater Miami Chapter. Commissioners, first of all, I want to thank you because I think that the job that you're doing here today and the fact that this has taken several weeks in the making shows that this Commission is committed to coming to some resolution that is both helpful to the Police Department and provides the Police Department with a tools it needs to ensure the safety of protesters and of this community, while, at the same time, ensuring and protecting the First Amendment. And for that, I thank you. But the reality is, is that this ordinance, which is being sold to you as a tool for expanding the weapons, the arsenal of the Police Department so that they can keep us safe is really simply expanding the arsenal of the Police Department so that City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 they can use their unfettered discretion to determine who to arrest and who not to arrest. And I think the perfect example, ironically was exemplified this morning by the protesters standing outside. And we're not talking about these protesters. We're talking about the protesters who were wearing T-shirts and were carrying card signs on sticks and those protesters were protesting a problem of health insurance. But the sticks that they were carrying to carry those signs would violate this ordinance. Each and every one of those protesters, had this ordinance been in place today, when they stood outside peacefully, trying to take a message to each and every one of you, each and every one of those protesters would have been subjected to arrest. Why? Because this ordinance says that you cannot carry sticks thicker than a quarter inch of thickness. And they're sticks. And I went up to them and Randall Marshal from the ACLU went up to them and a bunch of people went up to them and touched those sticks and they were clearly three quarters of an inch thick. However, those protesters were peaceful and there was nothing about the fact that they were carrying these sticks that made them criminals. And there was nothing about the fact that they were carrying these sticks that made them somebody, other than people who wanted to express a point of view. And there was nothing about those sticks, in and of themselves, and these people carrying them, that should have made these people subject to arrest. Unfettered discretion. If this ordinance were in place, the police would have had the discretion to arrest those people or not to arrest them, and their decision would not have been based on the actions of those people. It would have simply been based on whether or not the Police Department at that moment felt a kinship with those protesters, whether they liked them, whether they thought they were OK, and whether they thought their message was acceptable. That is unfettered discretion and that is what this ordinance does. Had those protesters not been carrying those sticks with signs that said they were fighting for their insurance benefits, but instead been carrying sticks with signs that said that they oppose the FTAA, it would have been up to your Police Department to decide whether or not to arrest them. And we believe that they would have been arrested, not because of the sticks, but because of the message. That is what this ordinance does, unfettered discretion, not additional police power to keep us safe. The police have all the tools in their arsenal necessary to protect each and every one of us. If any protester takes a stick of any size and attempts to injury anyone with it, or attempts to damage property with it, that protester can be arrested under the law, as it exists today. The Police Department does not need this. It does not need this new ordinance in order to do its job, in order to keep us safe, in order to protect the First Amendment. It doesn't need this law. And what will this law do? It will allow the Police Department to choose between the protesters that were outside before and the protesters that were in here now and decide, do I like your message? And based on that decision will be the arrests that will be made, not based on whether or not those people are acting like criminals. Vice Chairman Teele: You've made that point. You want to make another one or -- Ms. Rodriguez-Taseff Thank you. Vice Chairman Teele: -- is that it? Ms. Rodriguez-Taseff Thank you. Vice Chairman Teele: Thank you very much. Ms. Perry: I think I'm going to take this two seconds, while I have -- I couldn't have said it better -- Vice Chairman Teele: While the Chairman's not here. Ms. Perry: While the Chairman's not here. Thank you. I just -- I don't think it could have been put any better than Lida had just explained it. But I want to say that as the poorest City in the nation, we have a lot of struggles ahead of us, and I would be so outraged at the notion that we City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 would squeeze and dictate how we go about in those struggles for economic justice in this City, transportation, environmental justice, education, housing. We have a lot of heavy road ahead of us, and I think this ordinance would very much curtail our ability to improve ourselves as a City under that. Vice Chairman Teele: Thank you. All right. You forget rodents. Ms. Perry: No, I did not forget rodents. I said EI, Environmental Justice. Vice Chairman Teele: All right. Are there any other speakers? Would you please come forward? Are these the -- are these the last three speakers here? All right. All right. Thank you all very much. Indigo Donaldson: Good morning. My name is Indigo Donaldson, at 707 Sexton Road, Sebastopol, California. I'm here on behalf of the Free Carnival of the Americas and Art and Revolution. I work with various arts activist groups around the country. We travel to many cities in demonstrations to use our art and creativity to bring light and awareness to human rights issues and we support other local groups in their struggles. And I want to sfress that we're nonviolent, and we use our art to is actually diffuse tension situations. And so I'm really opposed to this ordinance because it will really hinder our work as artists. We need big sticks for our big puppets. We need drum sticks to make music, dance and celebration. And we want to really sfress the nonviolence part because we actually -- what we do is use the art to sfress nonviolence. So, thank you. Vice Chairman Teele: Thank you. All right. David Maddox: Hi. My name is David Maddox, and my address is 226 South "D" Street, Lake Worth, Florida, 33460. I just want to state for the record, see this face right here? I haven't slept in a few days. It's true. Why haven'tI slept? Because I feel passionate about something, as you can see, and what we've been doing as the Free Carnival Area of the Americas is building these huge puppets, painting them, constructing them. Why have we made them? To put bombs inside of them. No, of course not. That's not what we're doing. But we do have super soakers with urine inside of them to go to the protests. Well, no, of course not. But these are all the lies that have been in the media, and that's why this ordinance is going into effect. That's why it's here today, because everyone is scared of us. I mean, what is there to be scared of you know? Vice Chairman Teele: You look like a nice guy. Mr. Maddox: Thank you very much. I try to be nice, but sometimes you've got not to be. Yeah. I don't really want to talk about specifics, like how big my puppet is or like what I'm going to do with it. I'll be throwing a flag -- I mean, if my flag part comes off my stick, does that make it a weapon then or like -- you know, like this ordinance is just kind of weird to me. I'm not really sure what it's for, because in the past, how many puppets have hurt an officer or another protester? And how many golf balls has there been found in anyone's backpack or thrown at anybody? None that I can think of. And I'm pretty sure, without the ordinance, as it's been stated before, that being violent, hitting people, things like that, is illegal. I don't think you need an ordinance to do that. All this ordinance is going to do is restrict us making puppets and having fun creatively. That's all I wanted to say. Thanks for your time. Randall Marshall: My name is Randall Marshall. I'm the Legal Director for the America Civil Liberties Union of Florida, 4500 Biscayne Boulevard, Miami. Let me be clear that those who engage in violent acts, intending to harm person or properties can and should be arrested and prosecuted, and the police have every authority to do so under existing laws, and they can and will be prosecuted. But we should not curtail the rights of 98 percent of protesters whom the police say are going to be peaceful coming here with a message by trying to take away and City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 curtail rights. For example, you could look through each one of these provisions and find protective speech that could be prohibited. It's one thing to hold up a sign that says, FTAA enslaves workers. It's quite another thing for people to march down the street in chains and shackles showing enslavement. That's part of the rich protest that this country has historically engaged in. It's just not necessary. And the problem is, think about how this would apply elsewhere within the City. If any of you went to the Book Fair last weekend, every booth would be illegal under this ordinance because it had metal and concrete, book shelves and glass containers, all of which would be prohibited under this ordinance. The King Mango Strut coming up, the theme this year is "Weapons ofMass Destruction." It's not hard to imagine that there are going to be a lot of things that could be curtailed under this ordinance. This ordinance is so broad that any protester who shows up with a key could be subject to arrest because a key exceeds one of the limitations of this ordinance. This ordinance is simply not necessary. And as Lida so eloquently said, all these folks outside this morning protesting for health insurance could have been subject to arrest under this ordinance. I urge the council to reject this. Thank you. Vice Chairman Teele: Mr. Chairman, that closes the public hearing. Was there anyone else? If not, the public hearing is closed. Is Mr. De Leon still here? Mr. De Leon? Mr. Chairman, with your permission, I'd like for Mr. De Leon to make your concluding remarks. I recognize -- Chairman Winton: It depends on how long those concluding remarks are. I mean -- Mr. De Leon: A minute. Vice Chairman Teele: As it relates to the ordinance. Mr. De Leon: I think both Lida Rodriguez-Taseff and Randall Marshall said it very eloquently. What I was going to say was, I recall, as it relates to this ordinance, in Cuba a few years ago people being arrested on Malecon de Havana, under what was called Delay of Dangerousness, which prohibited people from congregating with a common purpose. Legally here -- and we're prepared to take whatever challenges are necessary legally. Randall and Lida both made the remarks perfectly correct. And I believe that the discretion being given to the officers to selectively enforce the law is what creates a constitutional infirmity in this case. And I think the City needs to be very well aware that there is a potential for protracted actions against the City ofMiami because of the way this ordinance may be applied and perhaps facially. More importantly, for all of you, is an important point about what this City really is all about, whether this City is about freedom and hope or about fear. Chairman Winton: Arthur. Vice Chairman Teele: Thank you. Mr. De Leon: Thank you very much. Chairman Winton: OK. The public hearing is closed. Commissioners. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Teele. Vice Chairman Teele: Mr. Chairman, it's about 11:15 and you've been very patient with the public and I want to express my appreciation to you in bringing us to this point. I wish I could understand what's really going on in Lake Worth, but this isn't the time or place to figure that out . But when all this is over, I'm going to come up to Lake Worth. Let's make sure we get those addresses of the people that are here. I want to see what's really going on up there. Commissioner Regalado: They build puppets? City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: They build puppets up there? Mr. Chairman, while the public hearing is about the ordinance, or it should be about the ordinance, four or five issues have been raised. First by the CRB, which was put into record; secondly, by many of the public comments and thirdly, by the previous instructions that this Commission has given to the management, which I think we need to really hear from the management before we go forward. I am prepared to endorse a separate resolution that parallels some of the more civil liberties and civil rights aspects of the pink circular. I'm certainly not prepared to endorse the notion that Chief Timoney has a public record of violating anything of that nature, but think, you know, we should go on record in support of the rights of the citizens to petition their City Hall with their grievances to be heard, and we welcome that. That's our role. And I guess my concerns are as follows: Number one, the City ofMiami, Mr. Manager, cannot, should not and must not go this alone. We must embrace the County, we must embrace the state, we must embrace the Miami -Dade School Board. You know, people come to us and a part of this says -- this resolution says that we endorse and we -- the City shall open up space not -- including but not limited to Miami - Dade Community College, on and on and on, and that's fair for them to say that, but we know we don't have that power. But we do have the power to meet with the School Board, to meet with Miami -Dade, to meet with the County. The County has got more buses -- They have something called Community Action Agency. The Community Action Agency, CAA, those are our public dollars. Those are taxpayer dollars. We need to engage CAA, Community Action Agency, in providing the kind of support to the CRB that is necessary. We need to engage Miami -Dade Community College in opening up the venues and not locking up the town or for that matter, the school board. We don't own those facilities, but we certainly should engage them. And I am completely in support of what we voted on before, which was a series of directions at the meeting held on the IOth -- on October 23rd by direction to the Manager to coordinate, in conjunction with Miami -Dade Community College, a series of public forums, and instructing the Manager to coordinate this effort at a venue at Miami -Dade County. This was made by Commissioner Johnny Winton. Now, you know -- and they go on and on and on. Now, what's going on here, Mr. Manager -- and, you know, I realize, you know, you're like the young man and the proverbial finger in the dyke frying to keep a lot of things from going awry here. And I also want to express our appreciation to you for the outstanding election that was held, in which I hope that you spent the focus of your time getting the issue relating to the revenues of the parking surcharge, which really ensures the stability of this City. And I want to publicly commend you. But, Mr. Manager, I want to appeal to you to shift focus. These people have not gotten the kind of respect and responses that this Commission has directed there be given. I mean, I followed e- mail after e-mail from City Mana -- City Commissioners down in South Miami, Dan McCrea. Alan Corbin with the Green Party has been extremely patient. He's been frying to get a meeting, trying to get information, and we've all requested that we have this venue for them to have public hearing. Do you all have a venue? Is there a venue been established? And I'm asking the question. Has a venue been established for them? You know, and we don't need to keep running these people around and around and around, because what's happening is what -- the CRB was very diplomatic. They could not have been more diplomatic today as to say we've got to be concerned about perceptions. We cannot have no inspections, Mr. Sergeant at Arms, Mr. Chief of Police, you know, I would -- Mr. Attorney, I wish you would get your lawyer and move him away from the Chief. Because every time there's a dialogue going on the Chief needs to hear, he's talking. Now, you know, I ain't making no accusations about you guys, but y'all ought to separate a little bit. But the Police Department really needs to work with the perception that the community -- the board was saying. Did you hear them say that when they were having the public hearings, there were no inspections, but then when there was going to be a hot public hearing, they had the lines all cued up? And what they're saying -- what the CRB is telling us is that we need to adopt one standard, because that's what this whole thing is going to get down to. And I don't want to say anything about the ordinance and about the issues of the health people that were out there today. But did anybody go out there and inspect those signs and -- were those signs legal under this ordinance? You don't have to answer that if you don't want to. But that's the question. Because what we've got to deal with, Chief is the perception that we're City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 giving the authority to the Police Department to arrest someone who's doing what would otherwise be lawful because of something that they have, but worst, it's not going to be applied across the board. That's where the problem comes in, and that's what these legalistic innuendos, which are nothing more than threats, candidly, about this ordinance going into a -- before a federal judge. And I need to know that you all understand that this ordinance must be applied across the board, and we can't have two standards of justice here. Chief Fernandez: Frank Fernandez, Deputy Chief Miami Police. Commissioner, absolutely, we'll -- we will follow the law. We will enforce it neutrally, across the board. Obviously, discretion is our tool, but it will be enforced neutrally. We did not inspect the signs outside today because the ordinance is not in effect. But had it been in effect, we definitely would have done the inspection. Vice Chairman Teele: Well, I guess, Chief the point wanted to make is to fry to tie their comments into this Commissioner's concern, that we cannot pass an ordinance that is not going to be applied equally across the board without regard to whether they're, you know, the NAACP (National Association for the Advancement of Colored People), or the Fraternal Order of Police, or the Green Party. I mean, law has got to be color-blind in this regard, and I would ask again for us to consider whether or not we really want to do this. The concern that have, though, Mr. Manager, Mr. Chairman, colleagues, goes to the perception of what we're doing, and whether or not our instructions are being carried out by the management to give these fine citizens a venue and an opportunity to be heard within the powers of the City. We can't order Miami -Dade to do anything. We can't order the County to do anything. I one hundred percent support what Commissioner Sanchez said. I think it's totally inappropriate to talk about providing housing in parks under -- in this context. If this were an emergency, if this were a hurricane, or this were a national disaster, if this were a circumstance in which all the hotels were full, I mean, I could be persuaded where there's no logical commercial establishment that we could do something like that. But there's no such showing. You can drive all up and down U.S. 1, all up and down Biscayne Boulevard right now and get a room for twenty-nine dollars ($29), thirty-nine dollars ( $39). I mean -- so, you know, who's kidding who? Let's be clear about this. There's no shortage of hotels. I mean, you know, we need these folks from Lake Worth andAuston to stay in our hotels. That's how we pay for our sports venue. But the fact of the matter is is that when it comes to free speech, we have an obligation to provide those venues, andl am one hundred percent wanting to know who, on the Manager's staff is responsible and who can my staff be dealing with to ensure -- because I intend to be an advocate for the demonstrators. I don't understand, for the life of me, why you all are against the FTAA. I swear. I -- This is a nightmare. It's a nightmare to me, because I think the FTAA is going to do a lot for this hemisphere. But notwithstanding that, you have the right to speak and the right to demonstrate, and I want to support your rights to do that, if that's what you want to do. I wish I could convince you to support the FTAA, but don't think that's going to happen. So, Mr. Chairman, with that, I am prepared again to support a resolution requesting the Manager, if it's necessary - - we have on the record resolutions or directions from Commissioner Regalado, asking that the Conference Ministers use be -- that a venue be appropriate -- made available. He made reference to the Knight Center, which is not available, a public facilities, waiving fees for said meetings. I support that. We've talked about -- You've made reference to the Manager to coordinate with Miami -Dade County and the School Board for venues. I mean, I don't know what else we need to do. We haven't done it, and that's what's frustrating people. So, I want to support this ordinance, but must tell you, this ordinance, as amended, this ordinance gives me concern, unless and until I hear from the Police Chief that this ordinance is going to be applied in a colorblind, in a manner in which it will apply to everyone, as long as it's in effect, without regard to what the issue is. Because what we cannot afford to do is to do what Castro has done, and that is to tell people that you can't speak on a certain issue because we don't like what that issue is. Commissioner Regalado: Mr. Chairman. City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: I think we need -- I think he's got a -- Commissioner Regalado: OK Chairman Winton: Do you have a direct question to the Manager, Commissioner Teele? Vice Chairman Teele: I had a question of the Chief and that is, if this ordinance is enacted, will it be applied to all persons equally, without regard to the issues that they are embracing or opposing? Chief Fernandez: Absolutely, Commissioner. We'll be colorblind and definitely -- we'll obviously use discretion to inform people of the laws, to avoid any type of confrontation or conflict, but it will be applied equally, across the board with every event. Chairman Winton: Commissioner Regalado. And just so you all know, I have to leave in 10 minutes. So, if we're not finished by then, we're going to have to take it up after lunch. Commissioner Regalado: I'll be brief. Mr. Chairman, I am also prepared to support the ordinance, although since day one, I didn't like it. I still don't like it. I think it's something that we don't need as a City forever. That's why I suggested and the Commission decided to support the fact that it would sunset after Thanksgiving and some people said it could be challenged in court and maybe they were right. But if you look at the media, and if you look at the videos and the films, what the residents ofMiami have been submitted to in the past two months is of chaos and mayhem, and it is important that the people ofMiami understand that we are supporting the law enforcement officials who want to follow the law. I will support that ordinance, butt will say to the people here and those people who are protesting, first of all, I, like Commissioner Teele said, requested that the City will facilitate a venue. This happened several weeks ago. Nothing has been done. Hopefully, it would happen before the meeting. And I would tell the people that are going to be here that we have a very independent and opinionated Community Relations Board that will be out there looking for the City, not for the interest of the Police Department; that we have a Civilian Panel approved by the voters, who probably will not be there watching, but who will be the recipient of any complaints that people have. I can tell you that know what the Police Department can do when there are problems. I was there during the Elian protests. I was pushed andl was abused by City ofMiami police officers, andl hope that this never happens again. I believe that the City cannot do anything about whether if we have a Free Trade or not. This is going to happen in 2005, the Administration wants this to happen, the Bush Administration. And the question here is, should Miami be the headquarters for FTAA? Yes, we want this to be, because if we are not chosen, Atlanta, or Panama City will. So, I am supporting this ordinance, but with one condition today, before we leave here, we need to know - - we need to announce to the people ofMiami and the people who want to come to express their grievances with the meeting in downtown Miami, that we have an established venue. I will -- Mr . Chairman, I would vote for this ordinance in favor, if you want to take it to a vote. But if by the end of the meeting, we do not have any specific venue, I will try to reconsider the ordinance to vote no. I think that the people ofMiami should know that we do support the police, and we want the residents to be safe, but we do also support free speech and that the people of all ideas and nationalities are welcomed in this City, who's really a melting pot. So -- and that would be my vote, Mr. Chairman, if you want to take a vote on the ordinance. Chairman Winton: Thank you. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir, Commissioner Gonzalez. City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Gonzalez: Yes. Different issues have been mentioned here. One -- first of all, the way feel is that have an obligation with the residents of the City ofMiami, who are the ones that elected me. I have an obligation to the business community of the City ofMiami, who are the ones that paid taxes to sustain this City, to build roads, to build parks, to build infrastructure, and we have an obligation to those groups of people. Those are my first obligations as an elected official of this City. We also have to support our Police Department. I'm not a police security expert. I don't know if there is a security expert in this room, but we need to be sure that we provide the Police Department the tools that they deem necessary in order to maintain peace and security in our City. The media was mentioned as a concern. Well, let me tell you. If this meeting goes bad, if we have riots and we have problems in the City, it will be the media, the one that will be reporting that the Police Department was not appropriate on their measures to maintain control of the situation; that we probably didn't do the work that we should have done; that the City Manager didn't took the action that he should have taken in order to assure to preserve peace in this City. And let me tell you. I have been to many, many demonstrations. I have gone to New York, to New Jersey, in demonstrations in the coast of Cuba. And I would love to see all these groups going to Havana to advocate for the freedom of speech in Cuba, because, you know, I've been suffering from not having the right to publicly give my sentiments in Havana. And let me tell you, every time I have gone to New Jersey, I have to rent my hotels. I have paid for my airfare. I have -- I had to pay for my meal. Every time I went to New York, I had to do the same thing. Every time Igo to Washington, to one of those rallies in Washington for the Cuban cause, I have to pay for all my expenses. Now, I'm going to go to Panama to support Commissioner Regalado, those four Cubans that are in jail in Panama. And let me tell you, I've got to pay for my airfare, I've got to pay for my hotel and I've got to pay for my meals. And ifI have a problem, I'm going to have to be calling Mr. Jack Blumenfeld to see if he can represent me in Panama, OK? So, you know, saying that, Mr. Chairman, I'm willing to support this ordinance, as amended. And, in fact, I do -- I said it at the beginning, I do have a serious problem allowing the parks to be used to -- for housing. Thank you. Mr. Arriola: One little second. Commissioner Gonzalez: And I'm ready to make a motion to approve the ordinance, as amended Chairman Winton: I'm not sure -- I have to leave and I'm not sure that -- because there's some things I need to say. I think Commissioner Sanchez has some things he needs to say. You have some things you need to say. Mr. Arriola: I really need to say this. You know, we're talking about a place for them to protest and speak. We already gave them a place, the amphitheater at the park. Commissioner Sanchez: I was going to bring that up. Mr. Arriola: That's where they're going to go. We have made that available to them. They're going to go there. We are giving them everything they've asked for. So, for us to talk about -- Commissioner Teele: At Bayfront Park? Mr. Arriola: -- giving them a venue, we already gave them. Yes, sir. Commissioner Sanchez: I was going to bring that up. Mr. Arriola: Bayfront Park is there. We are allowing them to go there. They have the theater there. I don't know, you know -- Chairman Winton: Public hearing is closed. City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Mr. Arriola: What more you're looking for. Vice Chairman Teele: You're going to give them a fee waiver, too? Commissioner Sanchez: No. No. Mr. Arriola: Well, don't get me in that battle. But another thing, too, that I really need to make important, because of this Commission and because ofMayor Diaz, for the first time in the history of FTAA, the Civil Society is going to have representation in all the discussions. They're going to be able to speak to everybody. Chairman Winton: But this is not a discussion about FTAA. Mr. Arriola: No. But what I'm saying is that when we say -- Chairman Winton: So, that was an information piece that's been brought forward, but this is not a discussion about FTAA. Mr. Arriola: OK. So I don't want to go in there. Chairman Winton: This is discussion about an ordinance. Mr. Arriola: But they already have a venue. They have a place to go, they have a place to speak, and they have a place to protest. We will never -- Chairman Winton: The public hearing is closed, by the way. Mr. Arriola: -- do this in the City ofMiami without allowing them room to express themselves. So, I don't know what -- Chairman Winton: Public hearing is closed. Mr. Arriola: -- this whole issue is about. Chairman Winton: Anyhow, that said, I do have to leave and I have to leave now, unless -- I don't want to rush the debate on this issue, although we debated it for hours at the last meeting. If y'all are prepared to go, then I'll try to make a couple of very brief comments. First of all, my first comment is, I would like to apologize to Denise Perry, because I snapped at her at the very beginning and that wasn't appropriate on my part. So, I would like to apologize to you publicly for growling at you at the beginning of the session. Second part is that I was trying to say the public hearing is closed, so we're going to just have our internal debate. There is no further external debate. Ms. Perry: So, I can't say that they paid two point two million dollars ($2,200, 000) for the space? Chairman Winton: Well, you said it, so -- no, you can't say it, but you said it. I don't want to repeat the same comments I made last time. I think there's not a Commissioner up here that isn't -- that doesn't get serious heartburn about this ordinance. I certainly have serious heartburn about the ordinance. I frankly would like to -- Well, I think the City Attorney wouldn't like me to say that, so I'll swallow that last statement. But contrary to what I said the last time, what each of you have said up here -- and I do believe that each of you who have come forward are -- today are peaceful protesters, but the real fact of the matter is that among your ranks are bad guys, plain, unadulterated bad guys. And apparently some of you are naive enough or uninformed City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 enough that you didn't notice what happened in Seattle, in Davos, Switzerland, and Cancun. Apparently, you were asleep during some of these things. There are bad guys, and those bad guys have the sole intent to destroy property, and they've been successful at doing it. And as one of the e-mails I got here pointed out about our downtown area, in and around the Intercontinental Bank building, where they're planning simultaneous lockdowns, dine in at each and every bank in the area, this is the nest ofglobal capitalism. Well, that happens to be the nest of my City ofMiami and our downtown area, and that nest ofglobal capitalism that this particular e-mail was talking about is the kind of e-mail where some of these people are absolutely focused on destroying, and disrupting, and ripping apart that nest of global capitalism. That nest is also the nest that happens to support our City financially, and I happen to own property in that nest of global capitalism, and I'm proud of it and will continue to do so. Again, I wish we didn't have to have this ordinance and someday -- by the way, I will point out, this is an ordinance. It's not a constitutional amendment. It's an ordinance. And an ordinance can be as this one is being created, it can be changed. It can be eliminated. It simply takes two more public hearings to modify, or do away with or create an ordinance. And so, I'm going to also vote on the modified ordnance because I do want to take into consideration the recommendations from CRB as it relates to this ordinance, and I am going to support the modified ordinance, incorporating the CRB's recommended changes. And if the next several events-- protest events, parades and festivals, if they go off without a hitch, maybe someday we can do away with this ordinance. If there's lots of trouble, either from our Police Department or from others, as we move forward with these future events, then we might make some modifications. With that said, I'm prepared -- would look to -- Commissioner Sanchez: Thank you, Mr. Chairman. I'm going to be very brief. Just to stipulate on some of the concerns that my colleagues have brought out. I see this as a necessary evil. Chairman Winton: I'm going to go. Commissioner Sanchez: And when you look at Seattle, and Quebec and Cancun, and the situation that they have been through, through that two percent that goes to all these events to create chaos, we need to protect ourselves to make sure -- and take these necessary actions to make sure that those things don't happen in our community. So, once again, I look at it as a necessary evil. Now, I look at it very simple. I don't think anybody's constitutional right has been violated here. Each and every one of you has a right to be here to protest peacefully, to demonstrate, to gather, and push your cause. Now, when you talk about bottles, and you talk about creating havoc, and you talk about having items that could create havoc in our community, I don't think anybody has a right to do that. Anybody -- no one has the right to violate anybody else's rights. However, you do have the right to come and protest in our community. And the way I look at it, I don't think anybody's constitutional right has been amended here. It is in the best interest of all those that show up to demonstrate under your constitutional right, to obey the laws ofMiami and the State of Florida, because the Police Department will be ready, without violating your constitutional rights, to arrest those that violate . Now, I know that each and every one of you have come up and said we're peaceful demonstrators. Then you have nothing to worry about. But if you look at the past, and ifyou look at what's happened in other countries through these protests, there are people there to create chaos, to create panic, to destroy property and to pause -- leave their mark as destruction in those communities. And we do have an obligation to protect our citizens, protect property and protect the Police Department. At this time, I'd like to yield my time to Commissioner Regalado, who has to leave. Vice Chairman Teele: Is there a motion in that yield? Commissioner Sanchez: So moved. Vice Chairman Teele: Is there a second? City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Sanchez: With no amendments. Vice Chairman Teele: Huh? Commissioner Sanchez: There's no amend -- I mean, as amended, but there's -- Vice Chairman Teele: As amended by the CRB. Commissioner Sanchez: Yes, OK. Vice Chairman Teele: Mr. Attorney, read into the record -- Commissioner Gonzalez: Second. Vice Chairman Teele: We're going to lose -- we've already lost the Chairman. The ordinance was read by title into the public record by the City Attorney. Vice Chairman Teele: Madam Clerk. Ms. Thompson: Roll call. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, I vote yes, butt need to know more. I wasn't informed about the venue offer to the groups, but I need to know, before the end of the meeting, if that venue is available throughout the meetings, if the City is offering support in terms of audio or any other support. So, I would hope to have the information in the afternoon, if the City Manager will provide it to me. I didn't know anything about that. And with that information, hopefully, it will be satisfactory. I vote yes. Ms. Thompson: Continuation of the roll call. Commissioner Gonzalez. Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Sanchez. Commissioner Sanchez: Yes. Ms. Thompson: Vice Chairman Teele. Vice Chairman Teele: Yes. Ms. Thompson: The ordinance is adopted on second reading 4/0. Vice Chairman Teele: As amended. Alicia Cuervo-Schreiber (City Manager's Office): Commissioner, in light of the questions that were asked this morning surrounding the FTAA (Free Trade Area of the Americas), on the venues where these civil groups will be meeting or have the opportunity to speak, we're distributing a packet to the Commission. Chairman Winton: OK. Thank you. SR.7 03-0096 ORDINANCE Second Reading City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FEMA/USAR GRANT AWARD (FY 2003-05) FUND" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $1,100,000, RECEIVED BY THE CITY AS A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO PURCHASE EQUIPMENT, PROVIDE TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE ("USAR") PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0096 - memo -1.pdf 03-0096 - budgetary impact analysis -2.pdf 03-0096 - back up ducuments -3.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12437 Chairman Winton: SR.8, second reading. Commissioner Regalado: 7. Commissioner Sanchez: Did we do 7? Commissioner Regalado: 7. Chairman Winton: Oh. Wasn't that -- oh, I'm sorry. I marked it off ahead of time. SR. 7. Commissioner Sanchez: Public hearing. Chairman Winton: Yeah. I need a motion. Commissioner Sanchez: So move. Chairman Winton: Got a motion. Commissioner Regalado: Second. Chairman Winton: Second. Public hearing. Anyone from the public like to speak on SR.7? And if not, we'll close the public hearing. We have a motion, second. Any further discussion? Read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been adopted on second reading, 5/0. City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 SR.8 03-0110 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/ PARKING RATES," TO: (1) ESTABLISH A MONTHLY ON -STREET PERMIT PROGRAM; (2) PROVIDE CITY OF MIAMI EMPLOYEES WHO RESIDE WITHIN THE CITY A DISCOUNT FOR THE PURCHASE OF A MONTHLY PARKING PERMIT; (3) AUTHORIZE RATES AND FEES FOR BAGGED METER/METERED SPACE RENTALS; (4) PROVIDE FOR METER REMOVAL; (5) AUTHORIZE A RESTRICTED RESIDENTIAL PARKING PROGRAM; AND (6) INITIATING RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; MORE PARTICULARLY BY AMENDING SECTIONS 35-191, 35-192, AND 35-193, AND BY ADDING NEW SECTIONS 35-194, 35-195 AND 35-196 TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0110 - memo -1.pdf 03-0110 - memo to the manager -2.pdf 03-0110 - legislation -3.pdf 03-011 0-COMPLETE LEGISLATION-4.doc Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12438 Chairman Winton: SR.8, second reading. Need a motion. Commissioner Gonzalez: Move SR.8. Chairman Winton: Motion. Second? Commissioner Regalado: Second. Commissioner Sanchez: Second. Chairman Winton: Motion, second. Public hearing. Anyone from the public like to speak on SR .8? If not, we'll close the public hearing. Alicia Cuervo-Schreiber (City Manager's Office): Commissioner. Chairman Winton: Yes, ma'am. Ms. Cuervo-Schreiber: We were changing the residential parking permit in Coconut Grove District to expand the eastern border to the Rickenbacker. Now, in this document, it's up to 17th Avenue. Chairman Winton: OK. Commissioner Sanchez: Accept the amendment, maker of the motion. City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Perfect. Commissioner Gonzalez: I accept the amendment. Chairman Winton: Do we have an accept -- we have an amended motion, first and second. Any further discussion? If not, read the ordinance. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been adopted on second reading, 5/0. SR.9 03-0146 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION, USE REGULATIONS, BAYFRONT PARK MANAGEMENT TRUST, TO ESTABLISH CRITERIA FOR DENIAL OF PERMITS FOR USE OF BAYFRONT PARK AND ITS FACILITIES; MORE PARTICULARLY BY ADDING NEW SECTION 38-116 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0146 -cover memo -1.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12439 Chairman Winton: SR.9. Bayfront Park. Commissioner Sanchez: Second reading. So move. Chairman Winton: We got a motion. Commissioner Regalado: Second. Chairman Winton: Second. Public hearing. Anyone from the public like to speak on SR.9? If not, we will close the public hearing. Any further discussion? If not, read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 ORDINANCES - FIRST READING FR.1 03-0112 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO DEVELOPMENT FEES; AMENDING CHAPTER 13, SECTIONS 13-2, 13-5, 13-6, 13-52 AND 13-53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; PROVIDING FOR ESTABLISHMENT OF THE "WEST BRICKELL IMPACT FEE EXEMPTIBLE ZONE" AND THE "WEST BRICKELL DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE EXEMPTIBLE ZONE" COLLECTIVELY, "ZONE"), CONCURRENTLY ENCOMPASSING AN AREA BOUNDED BY 15TH ROAD ON THE SOUTH, SOUTHWEST 1ST AVENUE ON THE WEST, MIAMI RIVER ON THE NORTH, BRICKELL AVENUE ON THE EAST TO SOUTHEAST 8TH STREET, WEST ON SOUTHEAST 8TH TO BRICKELL PLAZA, SOUTH ON BRICKELL PLAZA TO SOUTH MIAMI AVENUE, SOUTH ON SOUTH MIAMI AVENUE TO 15TH ROAD, WEST ON 15TH ROAD TO SOUTHWEST 1 ST AVENUE; PROVIDING FOR CONDITIONAL AND LIMITED DEVELOPMENT FEE EXEMPTIONS FOR QUALIFYING DEVELOPMENT ACTIVITY WITHIN EACH RESPECTIVE ZONE FOR THE PERIOD BETWEEN NOVEMBER 1, 2003, AND NOVEMBER 15, 2004; PROVIDING FOR DEFINITIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR A RETROACTIVE EFFECTIVE DATE OF NOVEMBER 1, 2003. 03-0112 - cover memo.pdf 03-0112 - exihibit 03-0112 - back-up 3.pdf DEFERRED On motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, the Commission voted unanimously with Chairman Winton absent, to DEFER item FR.1 to the Commission meeting currently scheduled for November 25, 2003; further directing the Manager to have appropriate staff meet with Commissioner Sanchez in order to explain this matter. Commissioner Sanchez: And there is another item, ifI could just find it. And that's Item FR.1, which I just want the administration to sit down with me and explain it. Because this is about creating it -- waiving impact fees in the west Brickell area. And, you know, I want to be very briefed on that because you know how I feel about that. We should be -- Vice Chairman Teele: Motion by Commissioner Sanchez. Second by Commissioner Gonzalez to defer it. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." Alejandro Vilarello (City Attorney): To what date? Commissioner Sanchez: Next Commission meeting. City ofAliami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: To the next Commission meeting. Mr. Vilarello: November 25th. Vice Chairman Teele: FR.1. Commissioner Sanchez: It was one of my items. Vice Chairman Teele: You had two items you deferred. Commissioner Sanchez: And the other one, FR.1. Just to have the adminisfration sit down with me and brief me on it, clearly brief me on it. Vice Chairman Teele: It's impactfees in the Grove area. Commissioner Sanchez: No, in Brickell, west Brickell area. Vice Chairman Teele: Brickell. I'm sorry. Commissioner Sanchez: Waiving of the impact fees. Yes. Vice Chairman Teele: He deferred it. Commissioner Sanchez: FR.1 to the next meeting. Vice Chairman Teele: He deferred it to the next meeting. Commissioner Sanchez: Yes. Vice Chairman Winton: Bring it back to public and I'll talk about -- I'll tell you my thoughts about it. Commissioner Sanchez: OK. Well, the reason -- the only reason why is, the adminisfration has not sat down with me. And the only concern that I have is that I -- that area, although -- really, we have other areas where we should be waiving impactfees, Little Haiti, Allapattah, Little Havana, they're -- nobody has explained to me the logic of why they're doing that. For a year only and in a certain area that's very restricted in boundaries -- Chairman Winton: And they need to -- But if it still doesn't satisfy you, bring it back -- Commissioner Sanchez: No -- Chairman Winton: -- and then I'll tell you. Commissioner Sanchez: Listen, there is probably a logic to it. I just -- It hasn't been explained to me. Chairman Winton: No, I agree. Commissioner Gonzalez: Mr. Chairman, I have also expressed my concerns in that regard. And, to be honest with you, I haven't been given a satisfactory answer on why we waive impact fees in one area and we don't waive impact fees in another. So, nobody has been able, to this point, to give me a logical explanation of why. And I agree with Commissioner Sanchez that there's some other areas that need redevelopment. And the -- And one way to push redevelopment is, you know, helping the developers come in and -- City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: The real fact of the matter is -- why you guys don't have an answer on citywide, because there is no citywide policy by the way. This is a one project issue. It isn't a -- I mean, it's -- (UNINTELLIGIBLE). It's kind of like a one project issue -- Commissioner Gonzalez: Right. Chairman Winton: -- not a major, major long-term policy issue. We need a citywide policy on this issue but we don't have one. Commissioner Gonzalez: But can give you -- and know that we're not going to go into that discussion now -- but can give you an example. Flagami pays a higher impact fee than Brickell . Do you believe that? Chairman Winton: No. Commissioner Gonzalez: And Allapattah pays a higher impact fee than Flagami. Would you believe that? Commissioner Regalado: Flagami has -- Chairman Winton: No. Commissioner Gonzalez: Yes, sir. Commissioner Regalado: -- one dollar and sixty-seven cents ($1.67). Chairman Winton: Which does? Commissioner Regalado: Flagami. One dollar and sixty-seven cents, ($1.67) while Brickell has sixty-two cents ($0.62). Commissioner Sanchez: You know, that's an issue we need to look at. Chairman Winton: Exactly. Well, that's why I said -- That's why I wanted to make you guys understand. There is no citywide policy, so you won't get an answer to that. You'll get an answer to the question on this issue, but you won't -- There is no citywide policy. And we -- y'all are right -- we need to work on that. Commissioner Gonzalez: We need to work on that. Chairman Winton: I'm sorry, Commissioner Teele. Did you -- OK. FR.2 03-0159 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS FOR NEW CAPITAL IMPROVEMENT PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2003-2004 AND CONTINUING PREVIOUSLY APPROVED PROJECTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 03-0159 - cover memo.pdf 03-0159 - budgetary impact analysis.pdf 03-0159 - legislation.pdf V2 Complete Legislation Flle No. 03-0159.doc City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Teele Absent: 2 - Commissioner Regalado and Winton Vice Chairman Teele: We need a motion on FR-2, which is a first reading item. It needs to be done by noon today to facilitate a public notice. It's a first reading on a capital improvement, at the request of the Manager. Commissioner Sanchez: F what? Vice Chairman Teele: FR-2. First Reading-2. Commissioner Gonzalez: FR-2. Commissioner Sanchez: This basically -- this is year 2003/2004 continuing the previously approved projects. Now, do we have an assurance that they will be completed? Unidentified Speaker: Yes, sir. Commissioner Sanchez: By the end of 2004? Unidentified Speaker: We'll do our best. Commissioner Sanchez: OK. So moved, Mr. Chairman. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? Mr. Clerk --Attorney. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): [called the roll] The ordinance is passed on first reading, 3/ 0. FR.3 03-0160 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "CITY OF MIAMI PROGRAMS FOR PERSONS WITH DISABILITIES MIAMI-DADE COUNTY ADA GRANT FOR 2001-2002" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $49,218.68, FROM 2001-02 GRANT FUNDS FROM MIAMI- DADE COUNTY OFFICE OF AMERICANS WITH DISABILITIES ACT ("ADA ") COORDINATION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0160 - cover memo.pdf 03-0160 - budgetary impact analysis.pdf Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: FR.1 was deferred. FR.2, first reading ordinance, appropriations for capital improvement projects. Vice Chairman Teele: We did that. Chairman Winton: Oh, we did? Commissioner Sanchez: We did that already, yeah. Vice Chairman Teele: We did that this morning, before noon. Chairman Winton: Oh. Commissioner Sanchez: FR.3. Vice Chairman Teele: FR.3 was deferred. Chairman Winton: Was FR.3 deferred? Vice Chairman Teele: Deferred. Commissioner Sanchez: All right. Chairman Winton: That's a grant. Commissioner Sanchez: RE.1. Priscilla A. Thompson (City Clerk): I'm sorry. We had FR.1 deferred. Chairman Winton: Right. But not FR.3, right? Ms. Thompson: Not FR.3. Vice Chairman Teele: I'm sorry. Chairman Winton: OK. FR.1 was deferred, but FR.3. is still -- Vice Chairman Teele: So move, FR.3. Chairman Winton: Yeah. Motion. Commissioner Sanchez: Second. Chairman Winton: Second on FR.3. Discussion. Read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 5/0. RESOLUTIONS City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 RE.1 03-0020 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING RECOMMENDATIONS OF THE CITY OF MIAMI'S OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT (" FACE") TO FUND CERTAIN SPECIAL EVENTS AS LISTED ON "EXHIBIT A," ATTACHED AND INCORPORATED, IN AN AMOUNT NOT TO EXCEED $500,000, FURTHER AUTHORIZING RESERVE FUNDS, IN AN AMOUNT NOT TO EXCEED $100,000, FOR REQUESTS OF FUTURE SPECIAL EVENTS FUNDING CONTINGENT UPON PRESENTATION OF DOCUMENTATION FOR REVIEW AS DEEMED APPROPRIATE BY FACE AND FINAL APPROVAL BY THE CITY COMMISSION; ALLOCATING FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $600,000, FROM SPECIAL EVENTS FESTIVAL ACCOUNT NO. 001000.921054.6.289 FOR SAID FUNDING; DIRECTING FACE TO PRESENT FUNDING REQUESTS FOR FUTURE SPECIAL EVENTS TO THE CITY COMMISSION FOR CONSIDERATION. 03-0020 - cover memo -1.pdf 03-0020 - exhibit- festival account.pdf Modifications: (1) The Haiti Bicentennial event is the Ferrah Juste Concert and the funding is to fund the venue; (2) Each Commission District is to be granted $20, 000 to allocate to event(s) in its district. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1157 Direction to the City Manager: by Vice Chairman Teele to create a plan to make organizations being funded by the City in an amount of $20, 000 or more, self-sufficient as soon as possible. Chairman Winton: RE.1. Vice Chairman Teele: So move, as amended. Chairman Winton: We got a motion. Vice Chairman Teele: For discussion. Commissioner Regalado: As amended. Vice Chairman Teele: For discussion. Commissioner Gonzalez: What is -- what is amended. Chairman Winton: We got a motion and a second. Now discussion. Yeah, what's -- I don't know -- Vice Chairman Teele: Where is the amended version? The one we have -- City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: What do we have? Do we all have amended or -- Michelle Spence (Director, Special Events): I think there was just -- Michelle Spence, Director of Special Events. The change that has to be reflected under Signature Events was originally Haiti's Bicentennial Celebration. The correct name on that is the Ferra Juste Concert, which is January the 1st. Chairman Winton: Say that again? It's under special -- it's under Signature Events, you said? Ms. Spence: It's under Signature Events on the first page. Chairman Winton: Oh, Haiti's Flag Bicentennial, you're saying. Ms. Spence: Yes, now changed to Ferra Juste Concert. Chairman Winton: OK. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: I have had a concern last year with this -- with this program, and I still have a concern this year with this program. And my concern is that no money is designated to any events in District 1. And, you know, I expressed that two or three meetings ago. Supposedly, we were going to discuss it. We were going to find a solution where every disfrict should have a certain amount of money to have their own festivals, you know. Because I have people in my disfrict that also want to have a party, also want to have a festival, and when they want to do it, they have to come down here and pay all the permits, and pay all the fees, and pay police, and pay Solid Waste, and pay -- pay everybody in order to have an event. Ms. Spence: Yes, sir. What -- Commissioner Gonzalez: So, I -- you know. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Mr. Chairman. Chairman Winton: Wait, wait, wait. Vice Chairman Teele: On the point that Commissioner Gonzalez was raising, it's a point that I support and embrace 100 percent. We've got to move these festivals and these activities away from the big house, and we've got to get them into neighborhoods. You know, and I've said consistently, ever since you all took the money away when I was sick, for Roots and Culture, which was the only thing that was going on in the Haitian community -- there are a lot of Haitian events. I'm supporting the annual event, which is the Ferra Juste event, which is not -- it really -- it bears her title, but it -- this year, it is the Bicentennial, the official Bicentennial event. It occurs on the Bicentennial. It is always held at the Knight Center. But we've got to signal to everybody that the Knight Center, and Bayside -- Commissioner Sanchez: Bayfront. Vice Chairman Teele: -- and Bayfront Park, and Bicentennial are not longer the venues that City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 we're going to be funding. If you can afford to be at the big house, you don't need our money. And that's the message we've got to send. We've got to get community events in the neighborhoods. And 1100 percent support what Commissioner Gonzalez is saying. And I would go so far as to offer an amendment that the balance should be reserved right here, right now, twenty thousand dollars ($20, 000) per disfrict, for events in the disfrict. That's if you all would accept that as an amendment. Chairman Winton: I would like -- I accept it completely. Commissioner Sanchez: Ma'am. Chairman Winton: And by the way -- excuse me, just one second, because it'll only take -- If you look at District 2, it looks like District 2 gets all the money. Commissioner Sanchez: All the money. Chairman Winton: These aren't my events. They're events that are coming in from all over everywhere, but they want to be held, as Commissioner Teele just said, at the big house. Commissioner Sanchez: At those venues. Chairman Winton: So -- Commissioner Gonzalez: If you'd allow me. Chairman Winton: Let Commissioner Gonzalez -- Commissioner Sanchez: I would yield to Commissioner Gonzalez. Commissioner Gonzalez: You know, in principle, I agree with you 100 percent. We should have some signature events that would be citywide events, you know. Chairman Winton: Right. Commissioner Gonzalez: But then the balance of the money should be distributed among the districts to have events in the neighborhood. Chairman Winton: Yep. Commissioner Gonzalez: Because, let me tell you, in Allapattah -- Chairman Winton: Got my support. Commissioner Gonzalez: -- I've been frying -- Well, when I was in the Chamber of Commerce and when I was with ABDA (Allapattah Business Development Association), we were frying to have an open house on 20th Street to promote the business district on 20th Street, for I don't know how many years. And we haven't been able to get -- you know, to put it together. Now, eventually, with some sponsors that we have found, we're going to have the event, you know. But there's some other areas where they want to have an event, and they can't, because they don't have the money, and they don't have the support. Vice Chairman Teele: I could tell you one thing. If we voted to have a signature Korean event, you know where it would be? In Allapattah. I mean, it is amazing, the number of Korean -- Commissioner Gonzalez: Oh, yeah. City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: -- business people and entrepreneurs that are there. Commissioner Gonzalez: Right. Vice Chairman Teele: And we don't celebrate their culture at all. So if everybody would agree to that -- but I do think Three Kings Parade, Martin Luther King Parade, Jose Marti, King Mango Strut, you know, those are signature events. And I don't think there's any -- Commissioner Sanchez: Goombay. Vice Chairman Teele: -- disagreement. Those happen to be where they are. And, Commissioner Winton, I mean, the Grove is unique. And the King Mango Strut, the Junkanoo, those are sort of signature events that go on in the Grove. But it's not fair to call those district events. Chairman Winton: Right. Commissioner Gonzalez: No. Chairman Winton: Goombay. Commissioner Sanchez: Mr. Chairman -- Chairman Winton: It's a citywide event. Vice Chairman Teele: Johnny, Commissioner Sanchez. Chairman Winton: Yes, sir. Commissioner Sanchez: Mr. Chairman, I'm not totally skeptical that this will solve all the problems, but it'll -- you know, it'll address many of the problems that we have discussed here. One is we have to start somewhere. There needs to be a starting process. And this is a -- this process -- and I've always said it. We need to have a program in place that we start up these events, so they start up, and as they go on line, they need to go out there and get sponsors to continue to hold their events to private ventures and go on. We need to have events -- because we have -- we live in a diversified community where we have a lot of events that we need to support. But in a starting up process, where we start processing them, and as years go by, we escalate, we reduce what we're giving them, so they could continue to go out there and seek the private sector to get them to support their events. Now, saying that, I do want to say that I do happen to agree with Commissioner Teele. There will be a surplus in the amount. I don't know exactly how much the surplus is, but whatever that amount may be, it should be split up in all five districts, so those Commissioners could have that surplus to hold whatever events it may have. Chairman Winton: It's alreadyI.D.'d as a hundred thousand dollars ($100,000). Vice Chairman Teele: That's why I said 20,000 per person. Commissioner Sanchez: OK. Well, that's perfect, and find out -- let me say -- Chairman Winton: And for purposes in this plan. Commissioner Sanchez: Well, let me just say the other issue. Yes, if you look at all -- and I did that. I did this, because you know what? It's about fairness. It's about promoting the events that are worth promoting, because we do have some events here that they come here, they get money City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 off of us, and then they walk out the door with their monies full of money -- with their pockets full of money. It's happening. And we have to prevent -- we have to stop that from happening. And we are the ones that, right now, should control that. Commissioner Regalado: No, we are not. Commissioner Sanchez: Although the process now separates us -- separates from us and, you know, really, I feel awful when I have somebody up here begging for money, because, you know, if you say no, well, you know, he's this and he that's. And, you know, it's not right. Chairman Winton: When you have 20,000 in discretionary money, wait. Commissioner Sanchez: Yeah. But you know what? They're in your district, and you could support events like Cultural Friday, which I'm very limited in supporting, which is a great event. Chairman Winton: Yeah. Commissioner Sanchez: It's an event that hasn't cost the City any money, and it's really brought a complete revitalization to an area. I continue to promote that as one of the highlights in my political career. But we need to address the issues such as Commissioner Gonzalez, that he doesn't have any events in his district. Chairman Winton: I agree. We don't -- none of us are disagreeing. Commissioner Sanchez: So, you know, we need to have those mechanisms in place to assure -- Now, Michelle, I want you to guarantee me, because I know I've been a -- I've been an outspoken critic of this. And you and I have not -- disagreed. It's nothing personal. I have the utmost respect for you. But I'm for all equality and fairness towards everybody. We need to start helping promoters, and once they start moving, we need to cut back on the assistance that we give them, and they need to go out there, and they need to work and go out there and seek support from the private sector, whether it be American Airlines, or maybe Publix or maybe it be big corporate America. OK? And we need to really -- the other events that are coming on line that are starting, you know, we need to assist them. So I'm OK with this process for now. I'm going to review it for a year, and if it doesn't work, then I'll be back, criticizing it again and taking the appropriate actions to resolve the issue. Ms. Spence: The other thing that I also wanted to add -- I'm sorry. Chairman Winton: No, no. Commissioner Regalado: I don't -- Chairman Winton: Commissioner Regalado. Commissioner Regalado: I don't think that we control this. We don't. Commissioner Sanchez: No? Who controls it? Commissioner Regalado: We do not control this process. Commissioner Sanchez: Who controls it? Commissioner Regalado: Michelle. Commissioner Sanchez: Michelle doesn't control it. City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Regalado: Who made the list? Chairman Winton: Which dollars are you talking about? Commissioner Regalado: I'm talking about the half a million dollars -- Chairman Winton: That's right. Commissioner Regalado: -- already spent. Commissioner Sanchez: But they came to see me on all these issues. Commissioner Regalado: But I just want to understand something. I just want to understand something. Commissioner Sanchez: Did they meet with you? Commissioner Regalado: Huh? Commissioner Sanchez: Did they meet with you? Commissioner Regalado: Yes, she did. Commissioner Sanchez: OK. Commissioner Regalado: No, I understand. She did. And what I suggested is that the City Commission funds all the parades, which is citywide; all the signature events, including Liga Contra Cancer. And the League Against Cancer cannot be told to look for next year a sponsor, because what they do is they fry to raise money. So these are some of the events that we cannot say, go look for an event. District 4 never had, does not have an activity, or event or a parade. Commissioner Sanchez: Flagami Fiesta. Commissioner Regalado: Flagami Fiesta. For the first time, I requested five thousand dollars ( $5, 000) of the one hundred thousand dollars ($100, 000). Michelle told me that the Marlins Parade will be taken out, but now, the Chief of Staff of the Mayor says that that will not be the case. Look, the people that we are cutting Where will be coming here, anyway, because this is the home of the people, and they will be allowed to come here, and they're going to start asking for money, and we don't have the money. New things have been funded. Somebody decided to fund it, to fund the Book Fair -- which is fine -- thirty thousand dollars ($30, 000). Fine by me. Miami Book Fair never had been funded before. Now, it's being funded. We didn't make that decision. I guess you did. Ms. Spence: Actually, sir, Commissioner, last year, they did receive funding for fee waivers, and I think it's reflected -- Commissioner Regalado: No, no. They -- we waived the permits. Ms. Spence: Right. Commissioner Regalado: But this year, you funded the Miami Book Fair for thirty thousand dollars ($30, 000); that's correct? Ms. Spence: Actually, it was something that was worked out with the Budget Office for thirty City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 thousand dollars ($30, 000). They requested for assistance for their book thing. Commissioner Regalado: Who decided? Ms. Spence: But every single -- ifI didn't speak to you, I spoke to all staff members in each one of your offices to ask them how they felt about supporting the Book Fair before we put those numbers on there. Never made a decision without -- Commissioner Regalado: And it's fine by me. But my point is that we don't make the decision, and we get the final product. That's all I'm saying. Chairman Winton: Well, but that's not necessarily true if they came to our office and spoke to all of our -- you know, then we made the decision. Commissioner Regalado: Well, I suggested to take out some other things to you. Ms. Spence: Right. And we can -- we can do that on here if you'd like, sir. But I -- my purpose today was to present the numbers to you and -- Commissioner Regalado: I suggested, Michelle, to fund the parades and the signature events -- Ms. Spence: Right. Commissioner Regalado: -- to include the League Against Cancer in the signature events. And all of the other events -- Ms. Spence: Right. Commissioner Regalado: -- to leave it open for the Commission to decide eventually. That's what I suggested, because that would give the City Commission more money -- Chairman Winton: I don't want to decide that stuff. Commissioner Regalado: Huh? Chairman Winton: I don't want all these people coming to me. Commissioner Regalado: No, no, but they will be coming anyway. That's my point. Chairman Winton: But if the numbers aren't in here, then I don't have much left to say. Commissioner Sanchez: But -- May I, Mr. Chair? Chairman Winton: Yeah. Commissioner Sanchez: Those reserves, the surplus that everybody is going to have twenty thousand dollars ($20, 000), you can legislate on what events you want to support in your district . I'm not going to tell you what to do with that money. Commissioner Regalado: I understand, Joe. Commissioner Sanchez: You could give the 20,000 Flagami Fiesta, which is a great event. Commissioner Regalado: I understand, Joe. But listen. Listen to me. What I'm saying, what I'm saying is that eventually, everybody will be coming here, because, you know what? Today, City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 today, the National Election Center in Caracas is going to decide whether Miami is going to be one of the three cities in the United States that can raise signatures for the recall election in Venezuela. If they do that, the Venezuelan community has already announced that there will be parades every day in front of the Venezuelan Consulate in Brickell, even with signs and all that. Chairman Winton: Why don't they do it in Flagami? Have the parade in your community. Commissioner Regalado: They are welcome to. Chairman Winton: You can have it. I don't have any -- Commissioner Regalado: But the Venezuelan Consulate -- the Venezuelan Consulate is in Brickell. And that's my point. The thing is that things are going to happen, and we have very little space to legislate. That's my point. Look, I don't have any problem with that. I'm fine with each disfrict having some money. I think that it's fair that everybody here look for events in our disfrict. I just think that some of these people are going to come, and other people are going to come before the City Commission and we're going to have to either tell them we don't have the money or Chairman Winton: Right. Commissioner Regalado: -- use our money. Chairman Winton: That's the point. OK. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Where is the Manager on the -- where is -- where is the lady in -- Christina Abrams, is that her name? Where is she in the facilities? Where is she involved in this? Because I need to -- one of the things that I've always done is insisted that the monies go to venues. And Ms. Abrams has always insisted on that. In other words, what I've always said is that if we fund people, I want to make sure that the money goes to the venue, because I got caught in a squeeze about three years ago where we gave some money to a group, and then the venue got left out -- the Knight Center. So I want to make sure that as it relates to the concert that's at the Knight Center that that money is earmarked for the venue. OK? Ms. Spence: OK. Commissioner Sanchez: Each Commissioner is going to have the discretion -- Vice Chairman Teele: No, no. I'm talking now about the signature events. Commissioner Sanchez: OK. Because we were focusing about bringing -- what we talked about -- bringing these events back into the community. Vice Chairman Teele: Right. Commissioner Sanchez: I mean, we can't do that if we're going to put it towards a facility. Chairman Winton: No, but what he was saying is -- Vice Chairman Teele: I was talking about a specific -- City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Yeah. Commissioner Sanchez: Oh, OK. Vice Chairman Teele: Christina, can you make sure that the language in this resolution ensures, as we did before, that the concert on January 1 is for the venue, the funds are for the venue, for the Knight Center? Christina Abrams (Director, Conferences, Conventions & Public Facilities): Oh, I understand, so that the payment goes directly to the fee to cover the cost to use the Knight Center. Vice Chairman Teele: Exactly. Commissioner Gonzalez: Commissioner Teele, so I understand what your amendment is, it's that if the one hundred thousand dollars ($100, 000) -- Vice Chairman Teele: No, no, no. Only as it relates to the January 1st Ferra Juste Show. Only as it relates to that. Commissioner Gonzalez: OK No, but in the beginning, you said that they have a balance of a hundred thousand dollars ($100, 000) -- Vice Chairman Teele: I did amend it. I amended that the one hundred thousand dollar ($100, 000) balance would be restricted, twenty thousand dollars ($20,000) per district for events within the district. They must, of course, be approved by the Commission, but that'll be automatic. Commissioner Gonzalez: That's your motion. Vice Chairman Teele: That's included in the base motion. Commissioner Gonzalez: Oh, OK. So I'll second. Chairman Winton: OK. We have a motion, a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: Mr. Chairman, I do want to say one thing. The Miami Book Fair, the Downtown Holiday Village and those events that are, you know, really, really big, we ought to create a different category for those kinds of things, because it's not fair. You know, the first year we funded the Downtown Holiday Village was last year, wasn't it? Ms. Spence: Yes, sir. Vice Chairman Teele: And it seems that this is really -- I mean, do we have a plan for this to become self-sufficient now or what's the -- Ms. Spence: They're working -- they're moving in a direction to do that. Chairman Winton: We're pushing. Commissioner Sanchez: But that is part of this process, that everyone is going to have to move City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 towards self-sufficiency. Vice Chairman Teele: Well, I think we ought to pass a resolution. I think we ought to write it up -- not today -- but we ought to write up a resolution asking for self-sufficiency, a self-sufficiency plan to be submitted for any organization getting more than twenty thousand dollars ($20, 000). Commissioner Sanchez: That's a great idea. Chairman Winton: A great idea. Vice Chairman Teele: Something like that. And then let's give the Manager something to work with them on, and for us to look at ways. Now, let me tell you what's inherently unfair. And Angel left. Angel Gonzalez probably has one of the richest growing districts as it relates to business people and entrepreneurs that are -- you know, own or operate a business. It's just amazing what's going on in Allapattah right now. But the problem in my district is we don't even have a Kentucky Fried Chicken that's owned byAfrican-Americans in this town. We don't -- I mean, the problem is a nationwide problem. It is an urban problem. We don't have the business base to support the Optimists, to support the festivals, to support the parades. And there are some differences between communities. There is a fremendous difference between what the downtown business merchants can do and what the Liberty City business merchants can do. And I think we've got to factor all of this into our equation, because there are some differences, and I do think that we need to recognize those differences. And I'm very pleased to be a part of this Commission, because I think this Commission has traditionally and historically done that. But when we start talking about these festival dollars, there really are fremendous differences in the capacity of the neighborhood and the community support. I'm embarrassed every Christmas, because everybody is looking for toys, or gift baskets, and I've got to go tin cap over to Allapattah and to downtown to try to get businesses to donate. And we just need to put it on the record. Can't change it, but we do need to recognize it. Commissioner Regalado: Mr. Chairman. Chairman Winton: Well, hopefully, they'll change it someday. Vice Chairman Teele: Over time. Commissioner Regalado: Mr. Chairman, regarding -- regarding Holiday Village, I remember that the Commission said that Holiday Village will substitute the Orange Bowl Parade, and if -- Commissioner Sanchez: No, no, no. It was a part. That -- when we lost the Orange Bowl Parade, this Commission established a board that would address substituting an event in downtown. They are a part of the concept. They're not going to substitute the parade. I think that they're a major part of it. But right now, the committee, which has not met this year, we need to start meeting on that. I think Robert Parente is here and could probably give us -- and so is Michelle. Ms. Spence: We've actually been having like the Holiday Committee meeting for the last three months. Commissioner Sanchez: Exactly. And there are plans in the works to fry to expand it. And now, we need to be very careful on that, because last year -- and you were there, Commissioner -- it was the first year, and we had so many people out there that it was almost a hazard. And we need to be very careful. When we did the lighting of the tree last year -- Vice Chairman Teele: You mean such a success? City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Sanchez: It was such a success, people couldn't even walk Where's Pat? Commissioner Regalado: What do you mean? We don't want people? Commissioner Sanchez: Huh? Commissioner Regalado: We don't want people there? Commissioner Sanchez: We were the -- what? Commissioner Regalado: We do not want people there? Commissioner Sanchez: No, we want people there. Commissioner Regalado: Oh, OK. OK. Commissioner Sanchez: But we need to have a plan in place, so we don't have the same thing happen last time this time. And now it's growing. Commissioner Regalado: Joe, Joe -- Chairman Winton: Excuse me. But where are we going with -- We have a resolution. We've passed the resolution. Commissioner Regalado: Johnny, Johnny, I -- Chairman Winton: How did we get back on -- Commissioner Regalado: -- I just want to make a point. I just want to make a point. Chairman Winton: OK. Commissioner Regalado: I remember -- I am trained to remember quotes. I remember the Mayor and the Commission saying that a Holiday Village was a big part of the substitute of the Orange Bowl Parade. Going back, in the year 2000, this City Commission gave the Orange Bowl Committee sixty-eight thousand dollars ($68, 000); in the year 2001, eighty-five thousand dollars ($85, 000), plus sixty thousand dollars ($60, 000) for the parade; on the year 2002, eight - five thousand dollars ($85, 000) plus nine thousand dollars, four hundred and twenty-two dollars ($9, 422). This was approved by the City Commission for the Orange Bowl Parade. I'm just saying that this amount of money we approve every year. So my point is there are events who cannot be told, get a sponsor in lieu of what the City gives you, because -- Chairman Winton: But that's not true. The Orange Bowl Parade got nothing from the City of Miami for years, and years, and years, and years, because they did, in fact, have the sponsors. It's when they started losing the TV revenues that they started coming to us. And each year, for three years, they asked for more, and more, and more. Commissioner Regalado: Right. Chairman Winton: And then they killed it. But -- Commissioner Regalado: That's what I'm saying. Chairman Winton: But it doesn't mean that you can't still ask them including something like that, to find their own sponsors. That thing died because they lost TV revenue. City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Regalado: Right. Chairman Winton: OK. What else do we have? Did we pass that resolution? Vice Chairman Teele: Yes. Chairman Winton: We did not pass it? Priscilla A. Thompson (City Clerk): Yes, you did. Chairman Winton: OK. That's what I thought. Vice Chairman Teele: As amended. Chairman Winton: As amended. Ms. Thompson: That's correct. Chairman Winton: So now where are -- We have a couple of pocket items here that I'm going to go to, because our City Police Department is here. They need to get back to FTAA (Free Trade Area of the Americas) stuff. Would you all come up and -- You have copies of this? Yeah. Commissioner Sanchez: Now, Madam Clerk, just for point of clarification, did we -- we approve that? Priscilla A. Thompson (City Clerk): Yes, you did, sir. Commissioner Sanchez: And what were the amendments there? The twenty thousand dollars ($ 20,000) towards each district? Chairman Winton: Yeah. Ms. Thompson: Of the one hundred thousand dollars ($100, 000), twenty thousand dollars ($20, 000) per district for events in the districts. Commissioner Sanchez: And how about the discussion that Commissioner Teele made that after two years -- Vice Chairman Teele: What we stated, we would ask the staff to come in with a resolution for the next meeting, for a sufficiency plan for any organization that receives twenty thousand dollars ($20, 000) or more. Commissioner Sanchez: Twenty thousand dollars ($20, 000) or more. Chairman Winton: And you didn't say next meeting. You just said develop that plan and -- Vice Chairman Teele: To develop a plan. Chairman Winton: Yeah. Vice Chairman Teele: But we need to do a resolution is what I had asked; not the plan, but the resolution. City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Yeah. Commissioner Sanchez: OK. Vice Chairman Teele: To do it. RE.2 03-0162 RESOLUTION A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003B, FOR THE PURPOSE OF REFUNDING A PORTION OF THE CITY'S OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS, SERIES 1992; PROVIDING THAT SUCH GENERAL OBLIGATION REFUNDING BONDS SHALL CONSTITUTE GENERAL OBLIGATIONS OF THE CITY AND THAT THE FULL FAITH, CREDIT AND TAXING POWER OF THE CITY SHALL BE IRREVOCABLY PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; AUTHORIZING THE COMPETITIVE SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE PUBLICATION OF A NOTICE OF SALE IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND A BOND REGISTRAR; APPOINTING AN ESCROW AGENT; APPROVING THE FORM OF ESCROW DEPOSIT AGREEMENT; APPROVING UNCERTIFICATED, BOOK -ENTRY ONLY REGISTRATION OF SAID BONDS WITH THE DEPOSITORY TRUST COMPANY; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A MUNICIPAL BOND INSURANCE POLICY TO INSURE SAID BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RESPECT THERETO; PROVIDING FOR THE APPOINTMENT OF A VERIFICATION AGENT; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. 03-0162 -cover memo -1.pdf 03-0162 - legislation -2.pdf 03-0162 - exhibits contd.pdf 03-0162 - exhibits contd. 2.pdf 03-0162 - exhibits.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1149 City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: What's the item on the bond counsel? What is it? RE.2. Linda Haskins (Deputy City Manager/CFO): This is a refunding of bonds. Commissioner Sanchez: That's RE.2? Scott Simpson (Director, Finance): I'm still looking. Ms. Haskins: (UNINTELLIGIBLE) RE.2. Commissioner Sanchez: I'm sorry? Chairman Winton: Yeah. Mr. Simpson: RE.2. Ms. Haskins: RE.2. Commissioner Sanchez: OK Let me just find that. Chairman Winton: OK Mr. Simpson: Scott Simpson, Finance Department. We're here today asking for approval to go forward with the refunding of the 1992 GO (general obligation) bonds. I have Helen Atkeson from the Hogan & Hartson bond counsel here to answer any additional questions about the structure of the deal, as well as John Muhlenberg, Financial Advisor on the deal from ( UNINTELLIGIBLE). Helen Atkeson: Hi. I'm glad to answer any questions, but -- I thought I'd just give you a very brief overview. We're -- these bonds do meet the statutory requirements for the savings, at least according to the Financial Advisor, as of today. There would be a savings of about 10 percent in doing the issue. The bonds are expected to be offered by competitive bid next Wednesday, the 19th, and that process required a notice to be given 10 days before the bidding. So, actually, before this meeting, notices were published subject to ratification by the Commissioners. They'll be insured by Excel Capital and the maturity of the original 92 bonds will be extended. Chairman Winton: OK Ms. Atkeson: Questions? Chairman Winton: Now, do we have any questions from the Commission? Need a motion then. Commissioner Gonzalez: Move RE. 2. Commissioner Sanchez: Second. Chairman Winton: Got a motion, second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Thank you very much. Mr. Simpson: Thank you. Commissioner Sanchez: Scott? City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 RE.3 03-0143 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM 2003-2004 MULTI -YEAR CAPITAL PLAN, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163. 3177, FLORIDA STATUTES (2003) AND CHAPTER 18, ARTICLE IX, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO ANNUAL PLAN REVIEW OF SAID CAPITAL PLAN TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS, AS NECESSARY. 03-0143 - cover memo.pdf 03-0143 - budgetary impact analysis.pdf 03-0143 -exhibit- CIP capital plan 1.pdf 03-0143 - exhibit- CIP capital plan 2 03-0143 - exhibit- CIP capital plan 3 03-0143-CIP - 5.pdf DEFERRED On motion by Commissioner Regalado, seconded by Commissioner Gonzalez, the Commission unanimously voted with Chairman Winton and Commissioner Sanchez absent, to DEFER consideration of item RE.3 to the next Commission meeting. Direction to the City Manager: by Vice Chairman Teele to have the Director of Capital Improvements meet with Vice Chairman Teele and to make sure that infrastructure items are handled as a number one priority. Vice Chairman Teele: Also, Commissioner Regalado, would you move for me, please, the deferral of the -- Where's Jorge Cano? Where -- Commissioner Regalado: So move to defer whatever you want to defer. Vice Chairman Teele: Well, RE.3 to the next meeting. And that is the capital improvement plan. It's up for second reading in the next meeting, and it should be -- the plan should be adopted when the ordinance is adopted. Commissioner Regalado: FR.2? Vice Chairman Teele: FR.3. Commissioner Regalado: Oh, FR.3. Vice Chairman Teele: I'm sorry. RE.3. Commissioner Regalado: I'm sorry? Vice Chairman Teele: RE.3. Alejandro Vilarello (City Attorney): RE.3. Commissioner Regalado: RE.3, resolution of the capital plan. OK. I move to defer -- to what? -- to the next -- City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: To the next meeting. And second by Commissioner Gonzalez. Is that right, Commissioner Gonzalez? You second? Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All those in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed? And Mr. Manager, Madam Manager, Mr. Director, Jorge, could you and -- I was not at the capital improvement workshop, which I understand was very thoughtful and -- I understand had a few fireworks, but could you and your Director -- Assistant Manager get with me for that? And I would like to -- I just want to put on the record, the discretionary items in the plan and the infrastructure items, we need to make sure that infrastructure items are handled as the number one priority, and not discretionary. And I'm really concerned, I think, about moving things that really need to be done. Chairman Winton and Commissioner Sanchez enter the Commission Chambers at 2:48 p.m. Vice Chairman Teele: I mean, I can't see how anybody can say that an area that doesn't have sidewalks or drainage is a discretionary item. And that's sort of the issue that I'm going to want to talk about, is the difference between discretionary versus those things that are infrastructure. Because I've got neighborhoods that have sidewalks that have capital plans, and I've got neighborhoods that don't have sidewalks and don't have drainage. I'm talking now, particularly, Little Haiti. And I know that Commissioner Gonzalez has some areas in his district as well. And the area that I justgot from you, which you had committed to, which didn't have sidewalks, doesn't have anything, the area there between 36th Street and 112, I take exception that those are discretionary items. We'll do that later on. Well do that -- The item was deferred, so that it could meet -- be with the second reading of the main ordinance, to the next meeting. But I said I would meet with them privately to deal with that. That's R -- yeah, that was RE.3. And we also deferred two items at the request of Commissioner Gonzalez. And we're about to hear from the Clerk, with your permission, on the Legistar. And then we'll go right into the three o'clock public hearing items. RE.3. City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 BOARDS AND COMMITTEES BC.1 03-0057 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Albena Sumner Commissioner Angel Gonzalez Charles J. Flowers Vice -Chairman Arthur Teele 03-0057-memo.doc 03-0057-list-2.doc 03-0057-backup-3.pdf Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1163 On motion by Vice Chairman Teele, seconded by Commissioner Sanchez, the Commission unanimously voted to appoint Charles J. Flowers as a member of the Equal Opportunity Advisory Board with a waiver, by four/fifths affirmative vote of the members of the full City Commission, of the attendance requirements of City Code Section 2-886, as amended, as it relates to past absences on record for Charles J. Flowers. On motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, the Commission unanimously voted to appoint Albena Sumner as a member of the Equal Opportunity Advisory Board with a waiver, by four/fifths affirmative vote of the members of the full City Commission, of the attendance requirements of City Code Section 2-886, as amended, as it relates to past absences on record forAlbena Sumner. The Commission did not confirm Henry S. Harrison, as requested by the Miami Association of Fire Fighters, because Mr. Harrison had exceeded the number of absences allowed per City Code Section 2-886. Commissioner Regalado: RE. 2? Priscilla A. Thompson (City Clerk): RE.2 was passed already. Chairman Winton: We did that this morning. Commissioner Regalado: RE.3? Ms. Thompson: Deferred. Chairman Winton: Deferred. So we're on BC. City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Gonzalez: BC. Chairman Winton: BC. Commissioner Sanchez: BC. Boards. Commissioner Regalado: Did we do what used to be the blue pages? No? Chairman Winton: No, we haven't done blue pages. Commissioner Regalado: OK. Chairman Winton: You want to do blue pages? Let's go to blue pages. Commissioner Sanchez: No. Let's do the boards and then we'll do -- Chairman Winton: OK, let's do boards. Commissioner Sanchez: Let's get the boards out of the way. Chairman Winton: BC.1, Equal Opportunity Advisory Board. No, wait, I've got to open my book. Commissioner Sanchez: Commissioner Angel Gonzalez and Vice Chairman Arthur Teele have appointments to that board. Chairman Winton: Well, I've got to get to the right -- Vice Chairman Teele: Charles, are you still a member of that board, but you've got absences. Do you want to continue to serve? Equal Opportunity? Chairman, I would move the reappointment ofMr. Flowers. It requires a waiver, because he has excessive absences. Commissioner Sanchez: Second. Chairman Winton: Is he here? Vice Chairman Teele: Right here. Chairman Winton: A waiver for excessive absences? Are you going to stop doing those excessive absences, sir? Charles J. Flowers: Good afternoon. Charles J. Flowers. I don't have any. Vice Chairman Teele: You need to see the Clerk. They've got you down for excessive absences. Mr. Flowers: No, negative. No, that's incorrect. Chairman Winton: OK. Mr. Flowers: Negative. Chairman Winton: We have a motion and a second. Discussion. Do we have a second? Priscilla A. Thompson (City Clerk): Yes, you do. City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: OK. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Gonzalez, you have an appointment. Commissioner Gonzalez: On the Equal Opportunity -- Chairman Winton: Yes. Commissioner Gonzalez: I will reappointAlbena Sumner. Chairman Winton: Motion. Second? Commissioner Sanchez: Second. Chairman Winton: Discussion. Being none -- Priscilla A. Thompson (City Clerk): She -- I'm sorry. She also has excessive absences, so she'll need a waiver. Chairman Winton: OK. Waiver. 4/5ths. Commissioner Gonzalez: Need a waiver. Chairman Winton: All in favor, "aye." Commissioner Sanchez: So move the waiver. The Commission (Collectively): Aye. Chairman Winton: Motion carries. Commissioner Sanchez: All right. Chairman Winton: Commission at Large. Ms. Thompson: On BC.1, you have a confirmation that needs to be made of a name that was submitted by the Miami Association of Fire Fighters. Commissioner Sanchez: All right. So move, Harry S. Harrison. Chairman Winton: Henry. Ms. Thompson: And he also will need a waiver because he has -- Commissioner Sanchez: So move the waiver. Ms. Thompson: Thank you. Chairman Winton: He has what? Ms. Thompson: Excessive absences. City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Well, why don't we go to the Fire Department and ask them to get somebody else? Commissioner Sanchez: We've got to be careful. I mean, there's some justifications at times, but other times they just -- Vice Chairman Teele: Is that a trust fund? Commissioner Sanchez: They just don't show up. I mean, why do we keep reappointing people to boards that don't show up? Vice Chairman Teele: What board are you talking about? Chairman Winton: Equal Opportunity Advisory Board. Commissioner Sanchez: No. This one is for the -- Commissioner Gonzalez: Commission at Large. Commissioner Regalado: Equal Opportunity Board. Commissioner Sanchez: -- Equal Opportunity Advisory Board. Chairman Winton: Appointed by the Fire Fighters. So anyhow, we want a motion or not? Commissioner Sanchez: No. I withdraw my motion. Chairman Winton: OK. Commissioner Sanchez: He's not here to justify why he's not -- hasn't been attending. BC.2 03-0080 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Lee Smith Commissioner Joe Sanchez Wendy Kamilar Commissioner Joe Sanchez James Wellington Vice -Chairman Arthur Teele 03-0080-memo.doc list-2.doc Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 R-03-1164 On motion by Commissioner Sanchez, seconded by Vice Chairman Teele, the Commission unanimously appointed Lee Smith and Wendy Kamilar as members of the Waterfront Advisory Board. Commissioner Gonzalez deferred on his two nominations. On motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, the Commission unanimously appointed James Wellington as a member of the Waterfront Advisory Board. Chairman Winton: We'll do the next one. BC.2. Commissioner Sanchez: All right. Mr. Chairman, I'd like to appoint Lee Smith and reappoint Wendy Kalimar. Vice Chairman Teele: Second. Chairman Winton: Got motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Teele or Commissioner Gonzalez. Commissioner Gonzalez: I will defer mine to the next meeting. Chairman Winton: Commissioner Teele. Vice Chairman Teele: James Wellington. So move. Chairman Winton: Motion. Second? Joe? Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. And does the Mayor have anyone? Anyone representing the Mayor down here? Could somebody call the Mayor and ask him if he has somebody? We'll come back. BC.3 03-0081 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE PERFORMING ARTS CENTER TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: APPOINTED BY: Commission At -Large City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 03-0081-memo-1 .doc 03-0081-list-2.doc 03-0081-backup-3.pdf DEFERRED On motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, the Commission unanimously voted to DEFER item BC.3. Chairman Winton: BC.3. Commissioner Sanchez: Mr. Chairman, on the Performing Arts Center I -- Chairman Winton: I want to defer BC.3 to next meeting. Commissioner Sanchez: OK. Vice Chairman Teele: So move. Chairman Winton: Thank you. Vice Chairman Teele: Second. Commissioner Gonzalez: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: That requires a nomination from the PAC (Political Action Committee), though. Chairman Winton: And we have -- Vice Chairman Teele: And there are three names that have been nominated. Chairman Winton: Yeah. One of them is a name I nominated. Commissioner Sanchez: All right. Chairman Winton: But I want to -- Commissioner Sanchez: So we'll defer to the next one. Chairman Winton: Yeah. BC.4 03-0082 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 APPOINTEE: Felice Dubin 03-0082-memo.doc 03-0082-list-2.doc APPOINTED BY: Commission At -Large Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1165 Chairman Winton: BC -- Commissioner Sanchez: 4. Chairman Winton: -- 4. Commissioner Sanchez: I would like to nominate Felice Dubin. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. BC.5 03-0083 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A UNANIMOUS VOTE (FIVE AFFIRMATIVE VOTES), WAIVING TERM LIMIT REQUIREMENTS IN SECTION 2-885(b) OF THE CODE OF THE CITY OF MIAMI, AND APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Robert Masrieh Off -Street Parking Authority 03-0083-memo.doc 03-0083-list-2.doc 03-0083-backup-3.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1166 Chairman Winton: BC.5. City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: We have a nomination by Off -Street Parking of RobertMasrieh. Chairman Winton: Yeah, Masrieh. Commissioner Regalado: And we need a waiver. Move it with a waiver. Chairman Winton: You move it? Vice Chairman Teele: So move. Chairman Winton: We got a motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Commissioner Sanchez: I'm not going to move any waivers if they're not here to explain why they haven't been showing up. Priscilla A. Thompson (City Clerk): With the waiver you mean -- Commissioner Regalado: No. A waiver for too many years. Vice Chairman Teele: Term limit, the term limit. Commissioner Sanchez: Oh, I'm sorry. OK. Chairman Winton: Term limit, term limit. Motion, second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. BC.6 03-0084 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A UNANIMOUS VOTE (FIVE AFFIRMATIVE VOTES), WAIVING TERM LIMIT REQUIREMENTS IN SECTION 2-885(b) OF THE CODE OF THE CITY OF MIAMI, AND APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Miguel Seco Commissioner Angel Gonzalez (Historian or Architectural Historian) David Payne (Alternate) Commissioner Angel Gonzalez City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 03-0084-memo.doc 03-0084-list-2.doc 03-0084-backup-3.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1180 Commissioner Gonzalez nominated Miguel Seco with a waiver (requiring a unanimous five affirmative votes) of the term limitation contained in Section 2-885(b) of the Code of the City of Miami, as amended. Chairman Winton: BC.6. Angel, this looks like you. Commissioner Gonzalez: BC.6, I reappoint David Paine and Miguel Seco. Chairman Winton: Motion -- Commissioner Gonzalez: I need a waiver for the terms on Miguel Seco. Commissioner Sanchez: So move. Chairman Winton: Motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. BC.7 03-0085 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice -Chairman Arthur Teele, Jr. Mayor Manuel Diaz 03-0085-memo-1.doc 03-0085-list-2.doc DEFERRED Vice Chairman Teele DEFERRED his nomination. Chairman Winton: BC.7. Vice Chairman Teele: No appointment. City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: No? Commissioner Teele, you said "no"? Vice Chairman Teele: No. Chairman Winton: OK. And the Mayor doesn't have anything. BC.8 03-0086 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE THE BOARD OF TRUSTEES OF FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Monica Fernandez Miami Association of Fire Fighters (term expiring March 8, 2005) Joseph Kaplan Miami Association of Fire Fighters (term expiring March 8, 2004) 03-0086-memo.doc 03-0086-list-2.doc 03-0086-backup-3.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1168 Chairman Winton: So BC.8. Commissioner Sanchez: Monica Fernandez. Commissioner Gonzalez: And Joseph Kaplan. Chairman Winton: We'll do Monica -- well, can we do -- Commissioner Sanchez: You could do both together. Chairman Winton: OK. Fine with me. Joseph Kaplan, Monica Fernandez. Motion, second. Commissioner Gonzalez: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. BC.9 03-0087 RESOLUTION City ofMiami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ron Stone Chairman Johnny Winton 03-0087-memo.doc 03-0087-list-2.doc 03-0087-backup-3.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1169 Vice Chairman Teele DEFERRED his nomination. Chairman Winton: BC.9. Vice Chairman Teele: That was BC.9, wasn't it? Chairman Winton: No, I think it was 8. Vice Chairman Teele: Oh, yeah. BC.9, Orange Bowl. No nominations. Chairman Winton: I'm going to nominate somebody that I haven't called, and I'll call them and make sure. But I'm going to nominate Ron Stone. Vice Chairman Teele: Second the motion. Chairman Winton: No, no, I can't do that. Would y'all -- Vice Chairman Teele: I move Ron Stone on behalf of Commissioner Johnny Winton. Commissioner Gonzalez: Second. Chairman Winton: Thank you. Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Make sure I do that. BC.10 03-0088 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Fred Jackson Allyson Warren Judy Alexis Brown Eldred Garcia 03-0088-memo.doc 03-0088-list-2.doc Commissioner Joe Sanchez Commissioner Tomas Regalado Vice -Chairman Arthur Teele Chairman Johnny Winton Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1170 On motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, the Commission unanimously appointed Fred Jackson as a member of the Community Technology Advisory Board; further granting Mr. Jackson a waiver of the residency requirement and a waiver of the past absences on record. On motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, the Commission unanimously appointed Judy Alexis Brown and Eldred Garcia as members of the Community Technology Advisory Board; further granting Ms. Brown a waiver of the past absences on record. Commissioner Gonzalez deferred his nomination. On motion by Commissioner Regalado, seconded by Commissioner Gonzalez, the Commission unanimously appointed Allyson Warren as a member of the Community Technology Advisory Board. Vice Chairman Teele: BC.10. Chairman Winton: BC.10. Commissioner Sanchez: Fred Jackson. Vice Chairman Teele: Second. Chairman Winton: Got a motion, second. Discussion. Being none, all in favor, The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. "aye." Priscilla A. Thompson (City Clerk): I'm sorry. On BC.10, we need a residency waiver, please, for Fred Jackson. Commissioner Sanchez: So move. Chairman Winton: I think you got it, because we had five -- City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: Second. Chairman Winton: Everybody voted for him. Ms. Thompson: I'm sorry? Vice Chairman Teele: You have to state it. Chairman Winton: Doesn't he automatically get it when you have -- Vice Chairman Teele: You have to state it. Chairman Winton: Oh, you have to state it? Ms. Thompson: Yes. Chairman Winton: OK. Sorry. So do we need to revote? Residency -- we need to vote again for residency waiver authori -- Commissioner Gonzalez: We already -- Commissioner Sanchez: OK. Chairman Winton: Yes. The Commission (Collectively): Aye. Vice Chairman Teele: Move Judy Brown with a waiver, for absences. Chairman Winton: And would you do Eldred Garcia on my behalf as well? Vice Chairman Teele: And -- who? Chairman Winton: Eldred Garcia. Vice Chairman Teele: And Eldred Garcia, on behalf of Commissioner Winton. Commissioner Gonzalez: Second. Vice Chairman Teele: So move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: You got my waiver, Miss Clerk? Chairman Winton: That included the waiver. Commissioner Gonzalez: I will defer mine. City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Commissioner Regalado. Commissioner Regalado: Allyson Warren. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Did you -- you did yours, Joe, didn't you? OK So are we done with BC.10? Yes. BC.11 03-0114 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Luis Revuelta Chairman Johnny Winton 03-0114-memo .doc 03-0114-list-2 .doc 03-0114-backup-3. pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1171 Commissioner Gonzalez nominated Luis Revuelta with a waiver of past absences on record for Mr. Revuelta. Commissioners Sanchez and Regalado DEFERRED on their nominations. Chairman Winton: BC.11, Planning Advisory Board. I have one of those, too, don't I? Commissioner Teele, would you reappoint Luis Revuelta? Vice Chairman Teele: I move, on behalf of Commissioner Winton, Luis Revuelta. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Sanchez. Priscilla A. Thompson (City Clerk): We need a waiver on that one, as well. Commissioner Gonzalez: Move the waiver. City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: All right. I move it with a waiver. Chairman Winton: With the waiver. Motion, second. Discussion. Being none, all in favor, " aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Sanchez. Commissioner Sanchez: BC.12? Chairman Winton: Yeah -- no, 11. Ms. Thompson: 11. Chairman Winton: 11. Planning Advisory Board. Very important. Commissioner Sanchez: Defer. Chairman Winton: Defer? OK And Commissioner Regalado, you have someone, too. Commissioner Regalado: Yes. I will defer that, because someone is applying, I guess, next week Chairman Winton: You do? OK, great. BC.12 03-0116 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Josefina Sanchez-Pando Commissioner Tomas Regalado Allyson Warren Commissioner Tomas Regalado Pauline Ramos Commissioner Angel Gonzalez Constance Johnson Commissioner Angel Gonzalez Shashi Jagadish Vice -Chairman Arthur Teele, Jr. Anita McGruder Chairman Johnny Winton 03-0116-memo.doc 03-0116-list-2.doc Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 R-03-1172 Commissioner Sanchez deferred his nominations. On motion by Commissioner Regalado, seconded by Vice Chairman Teele, the Commission unanimously appointed Josefina Sanchez-Pando as a member of the Commission on the Status of Women, with waiver of the term limitation. On motion by Commissioner Regalado, seconded by Commissioner Gonzalez, the Commission unanimously appointedAllyson Warren as a member of the Commission on the Status of Women. On motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, the Commission unanimously appointed Pauline Ramos as a member of the Commission on the Status of Women, with waiver of the term limitation. On motion by Commissioner Gonzalez, seconded by Commissioner Regalado, the Commission unanimously appointed Constance Johnson as a member of the Commission on the Status of Women. On motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, the Commission unanimously appointed Shashi Jagadish as a member of the Commission on the Status of Women Vice Chairman Teele deferred his second nomination. On motion by Vice Chairman Teele, seconded by Commissioner Regalado, the Commission unanimously approved the appointment ofAnita McGruder as a member of the Commission on the Status of Women. Chairman Winton deferred his second nomination. Chairman Winton: BC.12. OK. Commissioner Sanchez -- Priscilla A. Thompson (City Clerk): Commissioner, ifI can, before we start, because a number of individuals will either need waiver of absences or term limit. So if we can take them one by one, and we can confirm what waiver they need, it would be helpful. Chairman Winton: Commissioner Sanchez, Status of Women, 11 -- BC.12. Commissioner Sanchez: Defer. Chairman Winton: Defer? Commissioner Regalado. Commissioner Regalado: I nominate Josefina Sanchez-Pando. Vice Chairman Teele: Second. Commissioner Regalado: She needs a unanimous term limit waiver. Vice Chairman Teele: Second. Commissioner Regalado: And Allyson Warren. Vice Chairman Teele: They want to do them one by one. City ofMiami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Yeah. Just do the one first. Josefina. Commissioner Regalado: OK. Josefina Sanchez-Pando needs -- Chairman Winton: Defer -- I mean -- Commissioner Regalado: -- five votes. Vice Chairman Teele: Unanimous vote for -- Commissioner Regalado: Unanimous vote for the term limits. Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor, "aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Next one. Commissioner Regalado: Next one is Allyson Warren. Commissioner Gonzalez: Second. Commissioner Regalado: She doesn't need -- Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Angel -- Commissioner Gonzalez. Commissioner Gonzalez: OK I will reappoint Pauline Ramos. And she explained something to me that -- she says that when this board was created, they never met for four years. And she says that she doesn't understand why, you know -- Commissioner Regalado: That's true. Commissioner Gonzalez: -- they been charged with four years of service. They never served. Commissioner Regalado: That's true. They never met. I remember. I was here. In '96, they never met. Commissioner Gonzalez: Huh? Chairman Winton: Mr. City Attorney, would you look into that, please? Commissioner Gonzalez: Is that true? Is that -- Joel Maxwell (Deputy City Attorney): I couldn't comment on whether -- My understanding is the board was inactive for an extreme -- long -- extreme period of time. And when this ordinance -- when this board was reconstituted by ordinance, it contained some ambiguities. And those ambiguities are what led us to request that the Clerk ask for the waivers of term limits here until we can clear that up. Chairman Winton: Until you can clear it. City ofMiami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Gonzalez: Anyways, I move for the waiver of the -- Mr. Maxwell: Time limits. Commissioner Gonzalez: -- time limits. Chairman Winton: Otherwise, we got more ambiguities coming. OK. We have a motion and a - - oh, no. Is Commissioner -- yeah, everybody is here. Who seconded? Need a second. Vice Chairman Teele: Second. Chairman Winton: Got a motion and second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Next one. You have two. That was one, right? Commissioner Gonzalez: No, I just have one. Chairman Winton: You only have one? You have two but -- Commissioner Gonzalez: No, I'm sorry. And I will reappoint Constance Johnson. She doesn't need any waivers. Vice Chairman Teele: Second. Chairman Winton: OK. Motion. Need a second. Vice Chairman Teele: Second. Commissioner Regalado: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Teele. Vice Chairman Teele: I would like to reappoint Shashi Jagadish, JA GA D I-S-H. Does she require any waivers? Ms. Thompson: She's fine. Vice Chairman Teele: So move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. City ofMiami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: My other appointment requires a waiver, and I'm going to talk to her to see if she really wants to serve. Chairman Winton: OK. So you'll defer the second one. I have one if you all don't mind, reappointing Anita McGruder. Vice Chairman Teele: I move, on behalf of Commissioner Winton, Anita McGruder. Commissioner Regalado: Second. Chairman Winton: Motion -- Vice Chairman Teele: Does she require a waiver? Ms. Thompson: No, she doesn't. She's OK Vice Chairman Teele: Chairman. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. BC -- Vice Chairman Teele: Did you have a second one? Ms. Thompson: Do you have a second one? Chairman Winton: No. I'm not going to -- my next one has resigned, so I've got to find someone else. Commissioner Regalado: Is that it? Chairman Winton: That's the BC's. City ofMiami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 DISCUSSION ITEMS DI.1 03-0137 DISCUSSION ITEM DISCUSSION REGARDING NEW LEGISTAR SYSTEM BY CITY CLERK. 03-0137- cover page 03-0137 powerpoint-1.ppt DISCUSSED Priscilla A. Thompson (City Clerk): Good afternoon, Commissioners. My name is Priscilla Thompson and I currently serve as your City Clerk here in the City ofMiami. I would like to take this opportunity to say "thank you" on behalf of our Legistar Implementation Team for giving us the opportunity to make a short presentation to you all on our newly implemented Legistar system. Our Legistar system is a comprehensive integrated legislative document management system, which allows us to actually create agendas, finish up our action information from our board meetings, and complete our minutes in one integrated package. We also have the ability to search on a web site and to give you access for searching through the actual computer program. So it is an integrated package and program. It makes it easier for all users involved, from the actual establishment of the agenda straight through the finishing of the minutes. Before you, on our second slide, you'll see some important historical dates, timelines, as it relates to our Legistar program. You will see that the first action taken by the Commission, the start of this whole process, was via a resolution in November of 1999, when the Commission actually directed the City Clerk's Office to go ahead and research the potentialities of a Legistar program. Following that action, and after meetings with the then -City Clerk and other users or potential users throughout the City, the Commissioner -- the Commission approved a resolution authorizing the Manager to enter into negotiations for a comprehensive system to support our legislative process. After that, we have another important timeline there, a date there, historical date. May 2001, Arthur Anderson issued their strategic plan. And, interestingly enough, in their strategic plan, a document management legislative process system was actually ranked as initiative number seven, so it was very high up there on the list. Following the Arthur Anderson strategic plan, the Commission gave approval for the purchase of Legistar. Going on, after received the approval for purchase, we started the contract review and approval, which took place November 19th, 2001. And between 2001 and 2003, we worked with the vendor to complete the requirement analysis, customizations, and the implementation and system training. Understand that Legistar is a generic package and it does basic things, but we had to go in for customizations because of the way the City does its business. So we had to ask that they make modifications to the program so that we could use it in all areas that we needed to in the City. March of this year we completed our training of our core group. We did parallels -- three different parallels of our Commission meetings to make sure that the program would run the way that we need it to run. And we completed our parallel functioning testing July -- with the July 29 th meeting. And we went live with Legistar on October 9th, as you saw with your agendas. On our next screen, you will see a listing of our implementation team departments and offices. On the right -- I'm sorry -- on the left, those that are there in bold are our core group that are now using the system. That would be the City Clerk's Office, the City Manager and the Agenda Office, City Attorney, Hearings Board, and CRA (Community Redevelopment Agency). We will also be working to bring the departments and offices that are on your right into the program, as well, in our next phase. And that would be Purchasing, Management and Budget, Fire -Rescue, Police, Community Development, and our ITD (Information Technology Department) Department. Let me make sure I let you know that the ITD Department is an integral part of this process as well because they've been helping us along the way, each step of the way, because we've needed their input. The benefits of our Legistar program. The Legistar integrated program helps with the management of legislative files and documents. It actually brings in an overall efficiency by allowing us to put everything together that we have for a package into a computerized system, and actually massage that information to generate our agendas. It also City ofMiami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 gives the users the capability of going into the system and actually seeing whatever backup documentation, or whatever files have been created that relate to an upcoming agenda or a past agenda. We're hoping that, along with the other features, that the Legistar system will have time -saving parts of it that will enable individuals to actually research the information long before the 5-day rule comes up, and you get your printed packet. You actually have it in front of you in a computerized format that you can review. Hopefully, this will enable you to become more informed on something prior to it coming up to the agenda -- on the agenda at the meeting, so that you would have that before you and can actually formulate your questions and save time. It will also allow us to search and refrieve information -- You want me to stop? Chairman Winton: No, no. (INAUDIBLE) Ms. Thompson: -- to search and refrieve information easily through our computer system, not only for users within the City, but also our users outside of the City. So, it's going to make it much more easier for our public to get information related to our agendas, our action reports, and our minutes. What kind of changes have you seen since we have gone live with Legistar? You will note on the agenda that now we have a new agenda item numbering system. And we've provided you with a legend that -- and we'll show it to you, as well. You also now will see that we have what we call file ID numbers, and that number is very important, in that it allows individuals to track a legislative file from the beginning, its inception and placement into the system, straight through to the end. So that's a very important and key searching mechanism. Also note that, with Legistar, we don't just use that one search criteria. We have multiple search criteria that we can use, again, making it easier for individuals to search through the computerized system. All of our agenda pages are in white right now. We now have, of course, like we did before, our district pages. So you see they're D.1, D.2, sfraight though D.5, representing the Districts' pages. Instead of getting two separate reports after we have Commission meetings -- you used to get the Clerk's Report and the Marked Agenda -- with this particular system, we are now able to put those two reports together, so you see all action related to an agenda item. You'll see what the vote was, the mover, the seconder, the vote, the action, and you also see all the directions, all the motions, everything related to it in one place. So it's almost like you're reading a book now. Because you start up here with the agenda, all the action information right under it, and then the minutes. You see the minutes. As you probably have seen -- because we do have the verbatim minutes completed for the October 9th meeting and it's in your package -- you have your verbatim minutes from that meeting, and they also fall right underneath your action information. Again, like reading a book. Everything related to one item now is all together, much easier for us to work with. You noticed that we have a new format for the legislation. The Law Department now can complete the legislation in Legistar, so it's computerized. People can go down and look at it, download it, print it out. It's much easier than having all these different pieces of papers coming from one, two, three, four different directions. And then, lastly, our P and Z (Planning and Zoning) items now actually have, in the body, the actual title from the legislation, which is a bit different from what we used to have. So, it's -- gives you more information, handier, easier to read. Now in front of you, you will see what we call our index of content section, the legend. It now shows you that we have not changed the actual format of the agenda. That's still the same. The order of the placement of items and the categories has not changed. What you'll see there is that we have two letter abbreviations and what they stand for. For instance, our PR, Presentations and Proclamations; CA is always Consent Agenda; PA, Personal Appearances. We have the `M" for the Mayor's Item. And then each disfrict begins with "D " for district and the disfrict number. Moving on with our specially scheduled items for SS. Our public hearings, our emergency ordinances, sfraight through, just like we used to have it. Emergency ordinance, second reading, first reading, resolutions, boards and committee appointments, discussion items. If we have a supplemental agenda, like we did for October the 9th, we had an SI (Supplemental Agenda) there. And then, Planning and Zoning. And then, lastly, we've given the two -letter abbreviation of non -agenda items to all of our pocket items. So you will always see them being handled the back of your Clerk's Report in your minutes. Here you have a sample of our agenda page. Again, and the information that's City ofMiami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 important, over on your left, you'll see the category that the particular legislative file falls under. The first example is an item for the Consent Agenda. The number 03-0011 is that all-important file ID number. If you want to frace anything related to that legislative file, all the backup, whatever, you can go into the system, place in that number, and you can find what you need to find. Don't forget now, you don't need to just have that one number. You can also search by words, by subject, by phrases, by Commission meeting date, agenda date. You have multiple means of searching. Second example is of a second reading ordinance. Next to it is the file ID number. And it says that it's an ordinance. And over to your extreme right, you see that it's a second reading. And just like before, we always have the title of our legislation on the agenda. And if it's a second reading, we show the history of what took place when it went up for first reading; mover, seconder, vote. All of that information is right there for you on the agenda. Next, you have a sample of a P and Z item. P and Z, Planning and Zoning. Again, you have your file ID number, and in this case, it is an ordinance that's up for first reading. And notice now you have the actual title from the legislation that is included on the agenda, so it's much easier to follow. You have all the information there. Here's a sample of the way the new legislation looks. Notice we've put in there the City seal. You know what type of legislation it is because it says Legislation: Ordinance. If it was a resolution, it would say resolution. Important for you to note on the legislation, on your left-hand side, that all-important file ID number, so that ties the legislation to the agenda item, and then the final action date. Remember now, instead of getting the separate marked agenda and Clerk's report, you now have it all in one. And here's a sample of a page from the Clerk's Report that shows a second reading ordinance. It shows where you see final, right here where it says packet, that is telling you that there is some background paperwork available, if you want to look at it, related to that item. Then you have your ordinance number that's been assigned, the 1224, your mover, your second, your vote, and how -- exactly how the votes took place. Future. What are we looking at towards the future? We hope to have our web on-line access up by December. We have to make sure that we test it in-house first, meaning that all of us will have the ability to go on-line, through the Web, and check for all of these different types of searches, via the matter inquiry, a legislative calendar, or with our boards and committees. We've got a lot of information out there available to you in a lot of different places. This particular program is allowing us to put multiple information at your fingertips in one place. We are also going to be reviewing and implementing the maximus process engineering recommendations, which you, the Commissioners, asked for. We're waiting for their final report. We will be looking at bringing other boards on-line. Our next board scheduled to come on-line would be the CRA. And then, lastly, a second part to this process -- this Legistar system was requested from the Manager's Office, and that was for what they call an approval subsystem, which will allow other large user departments to actually enter their own information in the system. And that is what we have planned for the future. Thank you. If you have any questions. Commissioner Gonzalez: I don't have a question, butt have a concern that the small print is unreadable. Ms. Thompson: OK. Commissioner Gonzalez: And I hope that the quality of the monitors or whatever they're printing be improved so we can be able to read whatever you're trying to project. Ms. Thompson: Oh, on this system here? Commissioner Gonzalez: Because it's fuzzy, and you know -- Ms. Thompson: OK. Commissioner Gonzalez: -- distorted. I don't know if it is a problem of your system or the problem of these monitors, but there is a problem there. City ofMiami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Ms. Thompson: I think this one is a TV (television) monitor. I'll make sure and let Communications know you said that, sir. Any other questions? Chairman Winton: I'd like kind of -- I think this is outstanding. I mean, it takes a little while to get used to the trick. But, man, once you've got it, this is outstanding. I mean, it's in an order that's rational and, you know, the PHs and the BCs, and the SRs, I mean, they all make sense once you think about them. And so, I'm thrilled to death with what you've done here. Ms. Thompson: OK. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I, too, am pleased. I would note that it's taken four years for us to get here. This process began in '99. In all candor, it really was due to Arthur Anderson, who came in. And what happened, just so that the record is clear for the new IT (Information Technology) Director, et cetera, is that IT basically said they didn't want to move forward with this because they wanted to make sure that whatever system we went to was integrated with where the City was going. And so, the City was studying -- Linda, you were there, I think, when we had that meeting with Arthur Anderson. And it really does get to, I think, if we don't open our minds to new ideas -- I was over at the County when the County was trying to get a similar kind of system for elections. And the County IT people wanted a mainframe based system for elections. And those are, I guess, legitimate arguments that go on. But Legistar is sort of an off -the -shelf system . It's customized because every City is different. But once the decision was made to move forward, I have to say that the IT Department moved forward aggressively and worked with all of the departments to implement this. And a lot of credit should go to IT, as well as the Clerk's Office, and the Agenda Coordinator's Office, and the Attorney's Office. Ultimately, this tool is a tool that I fought for, not for any of the people that have been mentioned, but for the public. Because what this system does is it allows anyone from the public to be able to come on to our website, once we go on-line. And so, in effect, the agenda is on-line. In effect, you're able, really, to make changes or last minute changes, that is, five -- What is our rule? Five days? Ms. Thompson: Five days. Vice Chairman Teele: Five days. Up until the five days to be able to facilitate notice in getting it out. And I think more and more, as we use this to deliver agendas -- Are we using this to deliver agendas, yet? Ms. Thompson: When you say "deliver agendas, " once -- Vice Chairman Teele: I'm talking about to the public. Ms. Thompson: No. We're not on-line yet in the web component, but we still deliver agendas through our citywide internet site. Vice Chairman Teele: To the public? Ms. Thompson: Yes. They can go right on and look and pull up our agendas. So the Legistar format is there, but not in our Legistar web module. Vice Chairman Teele: And then it will give you the ability to research it. Ms. Thompson: That's correct. City ofMiami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Vice Chairman Teele: The -- I just think that we ought to continue to encourage IT to look for innovations wherever we can. And I'm really pleased that the IT Director is here looking interested, if not being interested, and we want to encourage the Agenda Coordinator's Office, and the Attorney's Office to utilize it, as well as the Commission offices, I assume. Would you introduce the members ofyour team, please? Ms. Thompson: Sure. Well, our Agenda Coordinator and her staff they may be in the back, but we had our Agenda Coordinator here, Elvi Alfonso -- I'm sorry -- and her team from the Agenda office. We have our Project Specialist, our project person, Ed Gorgas. Vice Chairman Teele: Stand up, Ed. Ms. Thompson: And then, our wonder woman, Dr. Shiny Antony. She is our consultant with the Everest Company. This lady has been a pitbull for us, looking out for our best interest, working with the vendor, going in and making sure that all of our customizations were done, done properly, that the actual program is running. So we've had a really great team. We've had our agenda -- I'm sorry, Hearings Board Office working with us, as well, as our core group.. and, as I said, we'll be going out and bringing next on-line -- We are hoping to have CRA on-line by the first of the year. If not January, by February. That's our next project. Chairman Regalado: Priscilla. Ms. Thompson: Yes, sir. Chairman Regalado: A question. Thank you for the presentation. As soon as I get the SR, and the REs, and all that, I'm sure that it will be very easy to do. DI.2 03-0208 DISCUSSION ITEM DISCUSSION CONCERNING THE APPLICATION OF FIVE GRANT PROJECTS FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FISCAL YEAR 2004-05. 03-0208 -cover memo.pdf 03-0208-backup-2.pdf DISCUSSED Chairman Winton: OK. Do we have anything else? Holy mackerel. Commissioner Sanchez: We're out of here. Commissioner Regalado: Hello. Commissioner Sanchez: Commissioner Teele doesn't have any pockets, pocket items? That's a first. Jorge Cano: Jorge Cano, Department of Capital Improvements. The Department of Capital Improvements is applying for funding for five projects from the Florida Department of Environmental Protection under their water programs, water projects programs. The -- you received a memo under Discussion Item 2 listing five projects: Northeast 71 st Street Storm Sewer Project, Belle Meade Storm Sewer Project, Avalon Storm Sewer Project, North River Drive, Spring Garden Improvement Project, and the Fairway Storm Sewer Project. These are high priority flood mitigation projects. Subsequent to the preparation of this memo dated City ofMiami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 DI.3 03-0030 November 3rd, and discussions with the South Florida Water Management District, who has been a partner and helped us get a million dollars ($1, 000, 000) for Wagner Creek, they've strongly recommended that we throw in four more projects associated with canal dredging and cleanup. So -- Chairman Winton: This requires no action? Mr. Cano: No action, but only hearing. So I'm just going to pass very quickly. Chairman Winton: Does it require a public hearing? Alejandro Vilarello (City Attorney): Well just simply provide a copy of that to the City Clerk, who will make a copy for the record. Commissioner Gonzalez: Thank you very much. Chairman Winton: Thank you very much for the information. Meeting is adjourned. Mr. Vilarello: Again. DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET OUTLOOK. 03-0030 -cover memo.pdf DISCUSSED Presentation made by Larry Spring, Chief of Strategic Planning, Budgeting & Performance Chairman Winton: Blue pages? Blue pages. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes. Vice Chairman Teele: Where is the Budget Director? Are you going to give us a financial outlook? You should be in one of those tutus that the ladies are wearing today, with all the glitter in your hair and all that. After the parking surcharge, I figured you'd be all grinning and smiling. Wouldn't that be a sight. Chairman Winton: Commissioner Gonzalez, you want to start with yours? Commissioner Gonzalez: I'm looking for mine. Chairman Winton: OK. Commissioner Gonzalez: You know, this -- Vice Chairman Teele: Mr. Chairman, actually, we do have an item on the agenda that's entitled D1.3, which is a discussion concerning financial update and budget outlook. And I did want to just establish on the record that this Commission owes the City ofMiami, the unions, the citizens and all of those persons who cooperated on the parking surcharge a real debt of gratitude. And would you just tell us what it's going to project -- what it's going to -- City ofMiami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Larry Spring (Chief Strategic Planning, Budgeting & Performance): Be providing us? Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Commissioner, actually, that - - passing of that referendum has secured approximately about thirteen million dollars ($13, 000, 000) for the City, which is a tax relief on our citizens, because that money is taxing individuals who come into the City, using our City services on a daily basis, but do not reside and pay property tax. So it has definitely benefited us, the Administration, and is helping us provide services to the citizens and provide tax relief. Chairman Winton: And, by the way, just so you all know, I've asked for and I will have at a Commission meeting soon, I'm going to have real data -- it goes back five years -- on absorption of office space in downtown and Brickell where the majority of this tax is collected, and I'm going to present it to you all. And I'm doing the same thing with Coral Gables. Now, I've seen the preliminary stuff already. And guess what? It ain't pretty. It ain't pretty at all. We're getting our asses kicked bad in downtown Miami. And Coral Gables is going like this, and we're going like this. And we've added more office space. And the tenants that are filling the new office space are coming out of existing buildings downtown. No new tenants. So -- and you all know I went out and fought for this parking surcharge. But this statement that it's people coming in and using services in our City, that's an interesting statement. And it's factual -- Commissioner Sanchez: Every now and then, you got to take a bullet, Johnny. Chairman Winton: -- however, however -- no, but we're all going to pay a penalty for this, because these property values are going to drop. And it can have significant long-term repercussions. But the point is that it's OK to say they're coming into our City and using services . And that'd be all right if we had a level playing field, if Coral Gables charged a parking surcharge. Vice Chairman Teele: If it were countywide. Chairman Winton: If it were countywide, that wouldn't be a problem for us from a competitive standpoint. But they don't. They -- Commissioner Sanchez: Well, Coral Gables may be thinking about a parking surcharge. Chairman Winton: And they have almost as many people now moving -- driving into their City as we do. And so I'll just bring you -- the data is coming. So -- anyhow. City ofMiami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Part B PZ.1 03-0048 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING ORDINANCE NOS. 12332, 12333, AND 12346 AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; AND SUBSTITUTING IN LIEU THEREOF THIS NEW ORDINANCE, INCORPORATING THE RESCINDED ORDINANCES IN A UNIFIED FORMAT AS A SINGLE AMENDMENT TO ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; FURTHER UPDATING THE TRANSPORTATION ELEMENT, ADDING SPECIFIC POLICIES ASSOCIATED WITH A NEW PARK IN THE LITTLE HAITI AREA, AND ADDING A NEW LAND USE CLASSIFICATION ENTITLED "LIGHT INDUSTRIAL;" CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0048-Backup1.pdf 03-0048-Backup2.pdf 03-0048-Backup3.pdf 03-0048-Legislation .pdf 03-0048-Exh i bitA. pdf PZ 16 - 03-0048 - Exhibit A.doc 03-0048-Exh i bitB. pdf 03-0048-signatures-7.pdf REQUEST: To Rescind and Re-enact Certain Amendments to Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on July 16, 2003 to City Commission by a vote of 6-0. PURPOSE: This will rescind and re-enact certain amendments to the Comprehensive Plan. Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: Now, we have some consultants here on PZ-1, and so they would like us to take that one up. So, I guess, since -- Commissioner Sanchez: PZ-1 ? City ofMiami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: We'll take up PZ-1. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. Vice Chairman Teele: And then the public hearing items. Chairman Winton: Yeah. Ms. Slazyk: PZ-1 is the recision and re -adoption of a series of amendments to the comprehensive plan. If you all may recall, this was brought before you several times. This involves an updated transportation element, the new objective in policy related to the Little Haiti Park, and the establishment of the light industrial land use category. We are bringing this back to you -- before you today for first reading again, because DCA (Department of Community Affairs) requested some additional informational on the transportation element, which has been provided to them. We do have a consultant here from Kimley-Horn, in case there were any questions on that. But we are -- The changes resulted in some new objective and policy language in the comp plan, which is in your package, and we would recommend approval on first reading, not second reading, as your package says. Because the changes -- because of the changes that were made, the Law Department suggested that we do another first reading before you. Vice Chairman Teele: This is a public hearing? Ms. Slazyk: Right. And also, if you look in your package, you'll see the updated Little Haiti Park language with the map and the new boundaries that we discussed last time we brought this to you. Commissioner Gonzalez: Lourdes, is Ana Gelabert here? Joe Arriola (City Manager): No. Ms. Slazyk: Yes, she is. She was in a meeting in Commissioner Winton's office, but she is here. Commissioner Gonzalez: OK Before both ofyou leave, I need to see you, with the City Manager, in my office, please. Commissioner Sanchez: Public hearing. Commissioner Gonzalez: Thank you. Commissioner Sanchez: It's a public hearing. Vice Chairman Teele: Public hearing. Any -- Chairman Winton: Yes. Anyone from the public would like to speak on PZ-1 ? Vice Chairman Teele: Michael, are you here on this? Chairman Winton: And anyone who would like to testify needs to stand up and be sworn in. If you're going to -- Priscilla A. Thompson (City Clerk): If you're going to be testifying on PZ-1, I need you to raise your right hand so I can swear you in, please. City ofMiami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 The City Clerk administered oath, required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Vice Chairman Teele: Pull it down. Chairman Winton: Yes, ma'am. Yes, ma'am. Silvia Wong: OK. Good afternoon, Mr. Chairman, Commissioners. My name is Silvia Wong. My husband, Manny Wong, and I have our business and property at Northeast 67th Sfreet and Northeast 4th Avenue. Like ourselves, many business and property owners have been investing in and providing hundreds of jobs in Miami for several decades. We thank the Commissioners for listening to us. We have the best interest and well-being of Little Haiti in mind. We are all witnessing the inevitable growth and progress north -- in northwest ofMiami's downtown and the emergence of Biscayne Boulevard. In the last year or two, our neighborhood group, which is the Lemon City Taxpayers' Association, has made many suggestions to help Little Haiti, including our suggestion that the City joint venture with the Culver YMCA (Young Men's Christian Association) on Northwest 71 st Sfreet. Another suggestion came from Michael Oguns, who is here and will speak after I do. And he's the well-known artist and furniture designer whose studio is across the street from us. Michael proposed a vocational school in Little Haiti to train young people in art, woodworking, metalworking, and other crafts. Since Little Haiti is so close to the Design District, the vocational school would provide skilled workers for the area. Our latest goal is to have our zoning replicate the zoning awarded the Design District. In summary, we hope that going forward, we can continue working closely with the City to help Little Haiti in its inevitable growth and progress. We thank the Commissioners and the staff for this opportunity. Chairman Winton: Thank you. Ms. Wong: Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: May thank Ms. Wong, again? Because, you know, at one point, she was totally frustrated and in opposition, and I think, you know, clearly, the staff is listening to her, the Manager is listening, and I think we have the basis for a meaningful partnership. And I want to express my appreciation to you and your husband for -- Ms. Wong: Well, thank you very much, Commissioner Teele. And it's not just us. There are many other business and property owners, some of whom cannot make it today, but know that we're all in this together for the future of our magic city. Thank you. Chairman Winton: Thank you. Vice Chairman Teele: Michael O., the famous Michael O. Commissioner Sanchez: The famous Michael. Michael Oguns: Good afternoon, ladies and gentlemen. I come to you this afternoon to thank you for everything that you've been doing. Thank you. Thank you, Mr. Teele, for the vision that he has for our children in Little Haiti. I thinkl got into this -- come into this City because of what don't understand as politics, which I've come to understand what politics is in the City. City ofMiami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Sometimes it works against you. Sometimes it works for you. In this case, I thank you Commissioners for being able to listen to us, the business community, to be able to be a part of this Little Haiti Park, which I think is great for our children. I really thank Mr. Arthur Teele. Like the lady said a little while ago, I am -- as an artist, I envision one of these days that should be able to help our kids. I know Little Haiti is not rich area, but think there's a lot we could do to enhance the children of Little Haiti. I proposed last time that will be willing to be part of this. I will be willing to give my time to help these kids because I started from nowhere, and I'm somewhere in the City. And think I'm known around the country as an artist. And would love to be part of this issue. I would love to be part of this park. And I would like for you guys to think about the community of Little Haiti, that we don't object to you doing the right thing for our kids, but we would appreciate if you let us be a part of this issue. And as she talked before regarding the vocational school, I think it's a stepping stone for our children. Like I said before, all of our children can't be doctors and lawyers, but you could work with your hands. Because I work with my hands. I work 12, 14 hours a day and I'm proud to do it. I get up in the morning, want to go to my factory, and like to stay there until late. It's because I love what do. And it's a lot of things you could do with your hands, and you could love it and make money doing it. And I would like our children in Little Haiti to be part of that. And I hope you Commissioners could please take this, you know, into your mind and think about it. And give me a real good think about it, OK? Chairman Winton: Absolutely. Commissioner Teele. Vice Chairman Teele: Mr. Chairman, we've began that process. I expect that, before the end of the year, we will have a resolution that will establish a permanent working committee with you and with the School Board. Obviously, what we've got to do is sell the School Board on the idea. But you'll be very interested, Michael, in knowing that in the original working group plans, one of the things they talked about was crafts, ceramics, woodwork, et cetera, sort of like over at the -- in the County at the African Heritage Center, where we have those ceramic rooms and all of that, as a part of the park complex in working with the private sector. So, you're just a little bit ahead of us, but there's no reason we can't catch up with you. Mr. Oguns: I really, really appreciate it. And as you go along with these projects, I would love to bring all my resources regarding these people to come and help us. Chairman Winton: Commissioner Teele, are you also thinking about -- Do we have a staff person or -- and/or committee that's focused on driving this whole Little Haiti Park thing forward? Vice Chairman Teele: Well, yes, sir. The Director of Economic Development, working with the Parks Director and working with Capital Improvements. Right now, it's pretty much in Economic Development's hands. And I hope that, you know, this committee is going to come out of that because it really is the kind of pilot project that we could do. And, you know, we have the private sector beating down our doors wanting to help us. So -- Chairman Winton: Yeah. That's the reason I was asking, because this committee won't get together if we don't have somebody from staff really helping -- encourage them and helping them get organized. And so, I would hope that, as a part of your resolution coming forward, that we do have City staff assigned to this committee at least for a year to help them get up and running. I mean, you guys have bingo here. I mean, this is a great venture. Vice Chairman Teele: The Manager personally, and the Director of Parks personally, both having a background in Education, expressed an interest in this. And I had two meetings with the Manager about it. So I can assure you it's going to move at a very high level. And we're very excited about it. City ofMiami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Mr. Oguns: Thank you very much. I appreciate it. Chairman Winton: Thank you. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Sanchez had a comment, too, I think. Commissioner Sanchez: Yes. No, I just want to make sure that -- you know, we've been able to move forward with this based on public hearings and public meetings and communication. People -- the business owners at first were very concerned with the plan itself. And through this process, we've been able to address a lot of the issues. One of the things that want to make sure that a lot of them that couldn't make it today because they're out there working know that this not a down zoning of an area. This is just a cleanup technical issue to meet the State requirements. And I think, through us addressing the issue and getting back to what's going on, we could basically -- some that are still there, not on board supporting it, through this process, you know, they would understand. Because there was some concern at first because, you know, people don't quite understand the process. And through the art of communicating and compromising, and educating people, we're able to accomplish this. So I just wanted to make that point. Thank you. Vice Chairman Teele: Commissioner Sanchez and Commissioner -- if you would yield on that -- and Commissioner Winton. They understand that. They're a little bit ahead of us, you and me. What they're really beginning to crack the door for is that they want a different zoning for the rest of the area to be more compatible with the Design District. And so, I mean, I see that as being very positive and very helpful. Right now, that area is probably one of the few areas where you can go out and buy pure heroine in the City ofMiami, according to the Police Department. Commissioner Sanchez: Commissioner Teele, I drove through that trailer park so you don't have to preach to me about it. I saw it with my own eyes. Chairman Winton: Me, too. Commissioner Sanchez: It's one of the best things that could happen to that community. Chairman Winton: At night. Commissioner Sanchez: But all I want to emphasize on is there has to be an open communication from the City staff and all those that are involved in the process to make sure that they clearly know what is going on. Because what scares people is the unknown. Vice Chairman Teele: Exactly. Chairman Winton: OK. Anyone -- Commissioner Regalado: And -- Chairman Winton: -- else from the -- Oh, I'm sorry, Commissioner. Commissioner Regalado: Just a brief comment. I understand that the property owners have a meeting scheduled with Planning staff. I would suggest that you also have the traffic person. Because one of the concerns -- It's out of the hands of the City. I understand that some of the property owners have the concern about the railroad track because they read in The Herald several weeks ago that the Transportation Oversight Committee -- you know, the half a penny or City ofMiami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 half a percent tax -- had some plans for that railroad track that runs parallel to several properties on 71 st. And that is important for them because the City is giving them assurances and they're ready to invest more in their business. But we cannot speak for the County on the plans of that railroad track. And it's important that the transportation person will be there so she can come back to the group once she finds out what is going on with plans, and what's the timetable for that plan. Chairman Winton: Are you talking about the FEC (Florida East Coast) Corridor? Commissioner Regalado: No, no. I'm talking about a railroad track that runs -- Chairman Winton: Oh, the one that goes -- Commissioner Regalado: -- behind the property of several -- both. Vice Chairman Teele: Isn't that the CSX (Chessie Seaboard Express) going west? Chairman Winton: Yeah, yeah. Commissioner Regalado: Yeah. But they're concerned because they read -- Vice Chairman Teele: And the FEC going north/south. Commissioner Regalado: -- they read in The Herald that there was some kind of plan to bring some kind of line from Broward to there and they don't understand if that is going to affect the property, you know. So the City needs to help on that. Chairman Winton: OK. All right. PH 1. Oh, do we have any -- Vice Chairman Teele: I moved it. Chairman Winton: Oh, I'm sorry. Vice Chairman Teele: I moved. Chairman Winton: We've got a motion and a second. What item is it? Vice Chairman Teele: It's -- what's the number? Commissioner Regalado: It's an ordinance. Commissioner Sanchez: PZ-1. Chairman Winton: Oh, PZ-1. Commissioner Sanchez: It's an ordinance. Chairman Winton: We have a motion. Anyone else from the public would like to speak on PZ-1 ? If not, we'll close the public hearing. We have a motion, second on PZ-1. Is it an ordinance? Vice Chairman Teele: Read the ordinance. Chairman Winton: Read the ordinance, please. The ordinance was read by title into the public record by the Deputy City Attorney. City ofMiami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call, Commissioner Regalado. [pause, no response.] I'll come back. Commissioner Sanchez. Commissioner Sanchez: Yes, ma'am. And I -- just for the record, I seconded, because you were looking around. Ms. Thompson: Commissioner Gonzalez. Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Regalado. Commissioner Regalado: Yes. Ms. Thompson: Vice Chair Teele. Vice Chairman Teele: Yes. Ms. Thompson: Chairman Winton. Chairman Winton: Yes. Ms. Thompson: The ordinance is passed on first reading, 5/0. NA.1 03-0264 DISCUSSION ITEM Health Insurance for City Retirees 03-0264-backup-1.pdf DISCUSSED On motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, the Commission unanimously (5/0) approved the extension of the deadline for retired employees to re -enroll for health insurance to December 31, 2003; further creating a task force including individuals representing the City bargaining unions, the retiree groups, the City Manager and his staff to review possible alternatives to address present health insurance concerns from the retired City employees; further stipulating that Commissioner Winton will serve as Chairperson of said task force and that a recommendation from the task force will be considered as the first item on the agenda of the Commission meeting currently scheduled for December 11, 2003. Direction to the City Manager: by Chairman Winton to provide him with a list of individuals from the Administration to serve on the retirees health insurance task force and to work with Chairman Winton's staff to schedule the first meeting of the task force for sometime next week. Chairman Winton requested Mr. Ed Pidermann from the firefighters' union, to provide him with a list of individuals to be included in the task force. Chairman Winton: We're going to take an item that is not on the agenda. We're going to take a brief moment here. Mr. Pidermann, you have an opportunity to talk to the folks? Edward Pidermann (Miami Association of Fire Fighters): Did you want to lay it out? City ofMiami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Yeah. My comments, colleagues, are going to be addressed to the principal audience we have here this morning. What we want to do, first of all, I asked Eddie this morning -- because I talked to the Manager last night and he said that he had scheduled you all to come to the Commission meeting -- the next Commission meeting. I talked to Eddie this morning and he thought that there was some timing issue. I understand from the Manager now that the timing issue, the timing related to when you have to re -enroll, that has been moved back to December 31 st. So, as a consequence of that move, I have volunteered to, with my colleagues' permission, to chair a task force that will meet probably routinely for the next two to three weeks, that will be made up of individuals from the bargain units, the retiree group, City Manager and his staff to look at whatever alternatives we may be able to come up with to address the issue that y'all are interested in having us address. We will have our work completed by the Commission meeting of December 11 th, is that -- that was the date, right? Mr. Pidermann: Correct. Chairman Winton: By December 11 th. At that Commission meeting, you will all be put on the agenda so that we can then come back and lay out whatever it is that this committee, task force has agreed to, whether we've agreed or not agreed or whatever the issue is, nonetheless, it will be a regular agenda item. We'll schedule it for first thing in the morning. A regular agenda item so that you can all come back and we can talk about one, whether or not we've all come to a mutually agreeable solution or whether we've agreed to disagree, and then there will be some debate about what the next steps are. And so that was the proposal we talked about in my office. And so, two things have to happen. One, my colleagues have to agree that that's acceptable to them, that we do that, and secondly, Mr. Pidermann we had asked that you talk to some of your colleagues and see if that plan was acceptable as well Mr. Pidermann: Yes, sir. The December time line, with extension of the enrollment period to December 31 st, is acceptable to us. That was the time critical element to this whole thing was that the deadline was November 28th and if we had waited until the November 25th meeting, with the Thanksgiving Holiday in there, really only gave retired City employees one day to make life-long decisions. So, we agree with the process of establishing that work group, with the leadership of the Chairman, and all the parties involved, including the retired City employees, because they bring a lot of knowledge, a lot of history, a lot of history, a lot of situations to the table that can lead us in the right direction and hopefully, my hope is that we come out of that committee with consensus, and December 11 th will be just a formality and we can just adopt something that everybody's agreed to and it will be non -issue by then. Commissioner Sanchez: Mr. Chairman. Priscilla A. Thompson (City Clerk): Excuse me, Chairman, we need his name and position for the record. Mr. Pidermann: Edward Pidermann, President, Miami Association of Fire Fighters. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, so move to appoint the Chairman of the task force. Commissioner Gonzalez: Second. Chairman Winton: Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. So that said, we will see all ofyou City ofMiami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 on December 11 th, and we'll see some of you in these meetings that we'll be scheduling over the course of the next couple of days. So, I'll have the Manager work on -- Eddie, could you get us a list of the people that, from y'all's perspective, want to serve on this committee? We don't want it too big. Mr. Pidermann: I understand. It will be a workable group. Chairman Winton: (INAUDIBLE) small number. Mr. Pidermann: Well have a couple of the retired organizations represented. Chairman Winton: Would you give me the list? And, Mr. Manager, would you give me a copy of the list, give the Manager a copy of the list? And Mr. Manager, would you give me a copy -- a list of the people you want to serve on that committee? And then would you have someone work with my staff to get the first meeting set up on our calendar for sometime next week? Joe Arriola (City Manager): Can I ask a quick question? The notice to the retirees, that was already sent out, the extension of the enrollment period? Because I don't think any of the members in the audience, at least, have received it. So I don't know what the time frames are. Commissioner Sanchez: Mr. Pidermann, could we have representation from everyone, including the ones that are on disability also in that -- in those -- in that board? Mr. Pidermann: Yes. There are a couple of organizations that represent all retirees and I'm sure that they'll have -- they'll get input from retired employees, as well as disabled employees. Commissioner Sanchez: Thank you. Chairman Winton: Do you have a copy of that letter here? Could you get a copy of the letter to somebody here so that when they walk outside, people can see a copy of that letter? You don't have it with you? Can someone fax it over here? Can you call your office and have them fax it to my office? Then we'll get you a copy. Anything else? Mr. Pidermann: No. Just want to make sure that all of our retirees got notice, because they were very worried about the tight time frames. Chairman Winton: We're going -- well, and by the way, just so you understand, it's on the public record. We've just said, it's December 31 st. It's on the public record. We've said it several times. So, even if you haven't gotten the letter, it's on the record. Mr. Pidermann: I understand. Chairman Winton: It's December 31 st. Mr. Pidermann: It saves me some phone calls when they get noticed. That's all. Chairman Winton: Right. No. I agree. We've got to get notice, but I just want you to put people at ease. If you haven't received the letter and we don't happen to have a copy handy, it's on the public record. The enrollment period has been extended to December 31st, 2003. OK. Thank you. Mr. Pidermann: Thank you very much. Commissioner Sanchez: Thank you. City ofMiami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: OK (Applause) NA.2 03-0259 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE RESTRICTIVE COVENANTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CITY OF MIAMI RETIRED POLICE OFFICERS COMMUNITY BENEVOLENT ASSOCIATION, INC., WHICH COVENANTS BEING A REQUIREMENT OF THE HISTORIC PRESERVATION GRANT AWARD AGREEMENT, IN THE AMOUNT OF $300,000, RECEIVED FROM THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, TO COVER CONSTRUCTION COSTS FOR THE RESTORATION AND PRESERVATION OF CERTAIN CITY -OWNED PROPERTY AS A HISTORICAL MUSEUM, LOCATED AT 1009 NORTHWEST 5TH AVENUE, MIAMI, FLORIDA, UPON THE ENCUMBERANCE OF THE PROPERTY FOR A TEN-YEAR PERIOD, AND UNDER THE TERMS AND CONDITIONS CONTAINED IN THE RESTRICTIVE COVENANTS. 03-0259-exhibit-1. pdf 03-0259 agreement 2.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Teele Absent: 2 - Commissioner Regalado and Winton R-03-1150 Vice Chairman Teele: Mr. Chairman -- Mr. Manager, you have a matter relating to the old police precinct. These people have been waiting here all morning. Is there any other item that needs to be heard before noon, or anybody here for an item that was advertised for this morning? Yes, ma'am. All right. Keith Carswell: Keith Carswell, Director for the Department of Economic Development. As you may be aware, the City ofMiami Retired Police Officers Community Benevolent Association received a three hundred thousand dollar ($300, 000) grant from the state of Florida. As part -- And the grant will be used in connection with renovation of what was formerly known as the Negro Police Precinct. The properties located at 1009 Northwest 5th Avenue, Miami, Florida. Associated with the three hundred thousand dollars ($300, 000), the State is requiring that there be a resfrictive covenant on the property requiring that the property be used and maintained as historic character and nature of the building. So what we're asking is that the Commission accept the three hundred thousand, along with the resfrictive covenants associated -- Vice Chairman Teele: Maintain it as a historic site. Mr. Carswell: Correct. Commissioner Sanchez: What are the covenants? Mr. Carswell: It's a ten -- it's for a ten-year period of time, and it's basically to maintain the City ofMiami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 property -- to maintain the character and the use of the property -- historic use of the property. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Otis, did you want to say anything? The Association, did you all -- We want to recognize your presence. Otis Davis: Otis Davis, [address deleted: former police officer], Miami, Florida. I just want to thank the Commission for assistance with this project. We are indebted to you and we really thank you. Vice Chairman Teele: When are you going to be finished with it? Mr. Davis: Tentative date starts January the 26th, and they said it'll take eight to nine months to complete it. We met yesterday and that's the timeline they gave us as starting. Vice Chairman Teele: Capital Improvement, are you all on board with this timeline to get started in January? Are you, Mr. Economic Development? Mr. Carswell: I'll just comment on it. There was a meeting yesterday with the retired officers, as well as CIP (Capital Improvements Program), and we walked through the timeline. And I think the construction we had estimated would be done by, I think it's January '05. And the construction will commence, I think it was March '04. Unidentified Speaker: Twenty-sixth ofMarch. Mr. Carswell: Right. And so, we walked through the time -- Vice Chairman Teele: Who's going to advertise the bid? That was the big question. Mr. Carswell: That's all -- That's going to be handled by CIP. Vice Chairman Teele: Is that going to be handled by CIP? That's what we -I requested. OK, good. All right. NA.3 03-0266 DISCUSSION ITEM Discussion of (1) ordinance to be scheduled for second reading amending City Code Chapter 8, entitled "Bicycles"; and (2) response from bond agency regarding rating related to financial integrity ordinance, as modified. DISCUSSED Commissioner Sanchez requested to have both issues scheduled at the next Commission meeting. Commissioner Sanchez: Now, before we break, Mr. City Manager, there are two items that are not on the agenda that I would like to inquire as -- One is the bicycle ordinance on sidewalks on 8th Street. That was passed on first reading. We've gone through two City Commissions and it's not back for second reading. So I need a response on that. The second one is the modification to the financial integrity ordinance, which I've been told that it will be at the next Commission City ofMiami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 meeting. Joe Arriola (City Manager): Next Commission meeting. Commissioner Sanchez: We're waiting for a response or a letter back from the bond agency to make sure that it doesn't affect our bond rating. I want to make sure that it's on the agenda now, at the next Commission meeting. Mr. Arriola: It will be. NA.4 03-0267 DISCUSSION ITEM Discussion related to election early voting sites and forecasts. DISCUSSED Direction to the City Clerk: by Commissioner Regalado to designate early voting sites throughout the City covering all areas, further stipulating that City parks are the logical venues for early voting; further directing the Clerk to make necessary arrangements for election forecasts to be made on future City elections; Vice Chairman Teele further directed the Clerk to research ways to give the City Clerk quasi -election functions. [Clerk met with the Miami -Dade County Supervisor of Elections on January 15, 2004 and identified two sites for early voting in the City ofMiami for the March 2004 Election. The Miami -Dade County Supervisor of Elections said it is not possible to approve the City's request for early voting sites for the March 2004 Election, nor is it possible to have election forecasts on future City elections.] Commissioner Regalado: But I'd like to ask you about the election process. Priscilla A. Thompson (City Clerk): Yes, sir. Commissioner Regalado: We were told that the City could ask for five early sites election polling places. We had two. Did the County place like a limit or we can ask for the number that we think is the right number for the City? Ms. Thompson: No. We could ask for as many early voting sites as we wanted to pay for, because there's a cost involved with all of them. We initially went around and searched out five different early voting sites. Once we finished with our qualifying period on December the 20th, and we found that we only had one District Commissioner actually running, I made a decision -- felt that it was only necessary to have less than five, because we didn't have Commissioners running in each disfrict. So we cut it down to two early voting sites. But understand that wherever we had an early voting site, anyone from any disfrict could vote at that site. Commissioner Regalado: I understand that. But it's about location. It's about geography. It's about transportation. In the Shenandoah early voting precinct, we had 85 people that voted during the week. Then the other one was in Wynwood. I'm thinking of the next election, we may have some issues of the City and Presidential primary, and then we have the general election. I think the early voting sites are a very good idea, but we didn't have any on the west side of the City, or the north side of the City. And I'm just -- I wanted to understand, if we want to, we can have many as we want, but, of course, we have to pay for it. And that's -- We understand. Ms. Thompson: Not only do we have to pay for it, but we've got to make sure the individuals want to let us stay there for the week. So it's all about coordination, as well. Commissioner Regalado: No. Ms. Thompson: But we can have as many as we could find. City ofMiami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Commissioner Regalado: Parks of the City ofMiami are the logical place for early voting, like in the Shenandoah Park. Because it was very convenient for some people to go there and -- But I'm sure that had we had another one on the west side of the City or the north side, we could have had maybe 200 or 300 votes more. And the other thing is projections. The County said that the City didn't want projections. Ms. Thompson: IfI might respond. That's not so. What we were told was that the -- Commissioner Regalado: That's what I thought, but 1 wanted to askyou. Ms. Thompson: No. -- that we were told that the Supervisor of Elections for Dade County would not be making any projections. We don't have the databases, statistical database, nor the personnel, to go out to make those kind of projections. So, as municipalities, we've always relied on the County to do that for us. Commissioner Regalado: But, we need to ask for projections. It's important. Ms. Thompson: OK. We'll do that. Commissioner Regalado: Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I'd like to make sure that we -- I don't know how we're in elections, and I don't -- I do have one statement I want to make. My voter registration card is wrong. And it's got the wrong precinct. It's got the wrong Commission disfrict. And, I mean -- Commissioner Regalado: Who did you vote for? Chairman Winton: Yeah. Vice Chairman Teele: And, I mean, I think that's sort of a serious problem. Now, obviously, if I'm in the wrong disfrict, I'm in the wrong seat up here. So -- But do think we need to look at that. It shows mine as being in District 1. Ms. Thompson: Then, I'd like to make a copy of it, and I'll make sure and check with Dade County. Vice Chairman Teele: Well, I asked that it be delivered to you last week. But -- And it shows a precinct that is actually in Commissioner -- in District 1, as well. And everybody in that neighborhood, in the Spring Garden neighborhood, where a lot ofMr. Flowers and a lot of other people live, are -- got their cards wrong, I understand. So we'd like to do that. But do think that what Commissioner Regalado's raising is not the Legistar system, but I think we should discuss elections at another date, and another time. I think we ought to fry to mature our Clerk's Office into having a quasi elections function. I agree completely with the notion that if we are the largest city, we should have a little bit more depth in that area. And I'm really frustrated that, you know, we rely totally on the County. I think the County should run our elections, but we should have a lot more sophistication, I think. And that's a question of manpower and dollars, at the end of the day. So I want to thank you. NA.5 03-0257 RESOLUTION City ofMiami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $12, 500, INCREASING THE CONTRACT FROM $119,376 TO $131,876, WITH PREMIER GLOBAL PRODUCTION COMPANY, INC., PURSUANT TO RESOLUTION NO. 03-868, APPROVED JULY 24, 2003, FOR RENTAL OF THE PRO -ACTIVE BARRICADE FENCE SYSTEM, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690002 AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY "GUIDE OF EQUITABLE SHARING"; FURTHER AMENDING RESOLUTION NO. 03-868 TO REFLECT SAID INCREASE. Reso-I ncreaseProActiveBarricadeFe nceSystem.doc Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1158 Chairman Winton: OK. Would you do that? Commissioner Gonzalez: Yes, Mr. Chairman. I have a pocket item from the Police Department. It's a resolution of the City ofMiami authorizing an increase in the contract in an amount not to exceed twelve thousand, five hundred dollars ($12,500), increasing the contract from one hundred and nineteen thousand, three hundred and seventy-six dollars ($119,376) to one hundred and thirty-one thousand, eight hundred and seventy-six dollars ($131, 876), with Premier Global Production Company, Inc., pursuant to Resolution Number 03-868, approved July 24, 2003, for rental of the proactive barricade fence system for the Department of Police; allocating funds from the Law Enforcement Trust Fund Project Numbers 690002 and 690002 ( sic); such expenditures having been approved by the Chief of Police, complying with the United States Department ofJustice and Treasury Guide of Equitable Sharing; further amending Resolution Number 03-868 to reflect said increase. So move. Chairman Winton: We got a motion. Commissioner Sanchez: Second. Chairman Winton: And a second. Any further discussion? Being none -- Commissioner Sanchez: Second. Chairman Winton: -- all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. NA.6 03-0256 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND City ofMiami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, AND ACCEPTING THE BIDS OF LOPETEGUI CORPORATION, MIAMI SUBS AND KARLEN FOODS/DBA/TROPICS TO PURCHASE SANDWICH MEALS AND MISCELLANEOUS FOOD ITEMS FOR LAW ENFORCEMENT PERSONNEL DURING THE FREE TRADE AREA OF THE AMERICAS CONFERENCE TO BE HELD IN DOWNTOWN MIAMI, NOVEMBER 16 - 22 , 2003, IN AN AMOUNT NOT TO EXCEED $100,000, ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270; FURTHER, AUTHORIZING THE CITY MANAGER TO ISSUE AN EMERGENCY PURCHASE ORDERS FOR SAID PURCHASE. Ratify-SandwichMeals-FTAA.doc Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1159 Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I have another pocket item by the Police Department. It is respectfully recommended that the City Commission adopt the attached resolution ratifying the City Manager's emergency action, authorizing the Police Department to procure sandwich meals and miscellaneous food items for Lopetegui Corporation, Hispanic local vendor, located at 400 Northwest 2nd Avenue; Miami Subs, non -minority local vendor, located at 1495 Northwest loth Sfreet; and Carlin Food d/b/a Tropics, non -minority local vendor located at 444 Southwest 2nd Avenue to provide food for the troops as it relates to the upcoming FTAA (Free Trade Area of the Americans), in the amount of a hundred thousand. Funding is available from the Police General Operating Budget Account Code Number 001000.290201.6.270. So move. Chairman Winton: Motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. NA.7 03-0240 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATED TO A SOCCER MATCH BETWEEN THE TEAMS OF HAITI AND HONDURAS TO BE HELD AT THE ORANGE BOWL STADIUM, NOVEMBER 16, 2003, PRESENTED BY CARIBBEAN SOCCER NETWORK, INC.; AUTHORIZING A USER FEE CAP IN THE AMOUNT OF $5,000 FOR SAID EVENT; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING ALL NECESSARY COSTS FOR CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID City ofMiami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. AGREE.NOV 16 2003 CNS.doc AGREE.NOV 16 2003 CNS.doc 03-0240-exhibit-1. pdf 03-0240-memo-2. pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1160 Chairman Winton: OK, back to the regular agenda. Commissioner Gonzalez: Mr. Chairman, can we do another pocket item thatl have here for the Orange Bowl? Chairman Winton: Sure. Commissioner Gonzalez: It's going to be quick. It's a resolution relating to a soccer match between Haiti and Honduras to be held November 16, 2003 at the Orange Bowl Stadium and presented by the Caribbean Soccer Network, Inc.; authorizing a cap on the user's fee of five thousand dollars ($5, 000) for the event; further conditioning said authorization herein upon -- Commissioner Sanchez: So move. Commissioner Regalado: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: That was fast. Aye. Chairman Winton: Like sign, opposed. The motion carries. Great event. Commissioner Gonzalez: It's going to be a great event. Chairman Winton: Great event. Commissioner Gonzalez: About 50, 000 people. Chairman Winton: 50,000? Commissioner Gonzalez: 50,000. Chairman Winton: In the Orange Bowl? Great. NA.8 03-0258 RESOLUTION City ofMiami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DISBURSEMENT OF FUNDS, IN THE AMOUNT OF $4,000, FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FUND IN SUPPORT OF THE 2003 KING MANGO STRUT TO BE HELD IN COCONUT GROVE, MIAMI, FLORIDA. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1161 Commissioner Regalado: Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: I have a pocket item from the Coconut Grove Special Events and Marketing Committee. Chairman Winton: OK. Commissioner Regalado: Resolution of the City ofMiami Commission authorizing a disbursement in the amount of four thousand dollars ($4,000) from the Coconut Grove Special Events and Marketing Committee Fund for the 2003 King Mango Strut, based on the recommendation of the Coconut Grove Special Events and Marketing Committee. So move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. NA.9 03-0260 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AUTHORIZING THE ACQUISITION OF SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS MAY BE REQUIRED, IN AMOUNTS NOT TO EXCEED $100,000 FOR INDIVIDUAL PURCHASES, TO PROTECT THE LIFE, HEALTH, WELFARE, AND SAFETY OF CITY OF MIAMI VISITORS, RESIDENTS AND PROPERTY AND FOR BURDEN RELIEF AND ASSISTANCE FOR ANY DAMAGES THAT MAY BE CAUSED IN CONNECTION WITH THE FREE TRADE AREAS OF THE AMERICAS ("FTAA") EVENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL CONTRACTS AND AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS DEEMED City ofMiami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 NECESSARY FOR CURRENT AND FUTURE ACQUISITIONS; DIRECTING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS IN CONJUNCTION WITH SAID ACQUISITIONS, AS NECESSARY; ALLOCATING FUNDS FROM ACCOUNTS TO BE IDENTIFIED BY THE CITY MANAGER, SUBJECT TO BUDGETARY APPROVAL; FURTHER DIRECTING THE CITY MANAGER TO PRESENT COPIES OF SUCH CONTRACTS/AGREEMENTS AND PURCHASE ORDERS TO THE CITY COMMISSION AT THE NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING. 03-0260-memos-1. pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1181 Chairman Winton: Yes, ma'am. Alicia Cuervo-Schrieber (City Manager's Office): Commissioner, I have a pocket item from the City Manager's Office. The Fire Department needs also to leave for FTAA (Free Trade Area of the Americas) events. Chairman Winton: OK. Is it about FTAA? OK Yeah, to bring it up. Commissioner Sanchez: Mr. Chairman, ifI could be recognized. It's a pocket item respectfully recommending that the City Commission adopt the attached resolution ratifying the City Manager's emergency finding on the waiver of competitive sealed bid requirement and competitive selection process for the acquisition of such services, equipment, goods and all materials as may be required to protect the life, health, welfare, safety of residents and property and for burden relief and assistance due to any damage caused and in connections with the FTAA; providing the City Manager be permitted to proceed in the future without express City Commission approval in the execution of such contracts and/or agreement, and the Chief Procurement Officers to issue purchase orders in conjunction with said protection of life, health, welfare safety of residents and property. Chairman Winton: Yeah. Commissioner Sanchez: And for such burden relief and assistance where said individual purchase does not exceed the amount of one hundred thousand dollars ($100, 000), subject to budgetary approval, and instructing the City Manager and Chief Procurement Officer to submit to each City Commissioner a copy of each contract agreement or/and purchase order at the next scheduled Commission meeting. So move. Commissioner Gonzalez: Second. Chairman Winton: Very good. We have a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. City ofMiami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 Chairman Winton: Like sign, opposed. The motion carries. I think we're making some progress here. Huh? Huh? We got them bringing the right things for -- Where are we? Commissioner Sanchez: Hey, don't spend all that money in one place, OK? Spread it out through the community. Chairman Winton: We seem to be lost again. Are we on BC? Commissioner Sanchez: Spend some money in Little Havana. NA.10 03-0262 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 02-865, AS AMENDED BY RESOLUTION NOS. 02-1056 AND 03-427, WHICH AUTHORIZED THE CONVEYANCE OF CITY -OWNED PROPERTIES LOCATED AT 3658 FROW AVENUE, MIAMI, FLORIDA, AND 3648 OAK AVENUE, MIAMI, FLORIDA, TO THE COCONUT GROVE COLLABORATIVE, INC. ("COLLABORATIVE") FOR THE CONSTRUCTION OF TWO SINGLE FAMILY, OWNER -OCCUPIED HOMES, AFFORDABLE TO VERY LOW, LOW AND MODERATE -INCOME FAMILIES AND INDIVIDUALS, TO MODIFY THE TIME FRAMES TO: (1) COMMENCE CONSTRUCTION OF IMPROVEMENTS ON THE LOT LOCATED AT 3648 OAK AVENUE, MIAMI, FLORIDA, FROM SIX (6) MONTHS AS SET FORTH IN RESOLUTION NO. 03-427 TO TWELVE (12) MONTHS FROM THE DATE OF CLOSING, (2) COMPLETE CONSTRUCTION OF THE IMPROVEMENTS FROM TWENTY-FOUR (24) MONTHS FROM THE DATE OF COMMENCEMENT OF CONSTRUCTION TO TWENTY- FOUR (24) MONTHS FROM THE DATE OF CLOSING, AND (3) PROVIDE EVIDENCE THAT THE COLLABORATIVE HAS SECURED A BUYER OF THE IMPROVED PROPERTY AT 3648 OAK AVENUE, MIAMI, FLORIDA, WHO SATISFIES THE APPLICABLE AFFORDABLE HOUSING INCOME TEST REQUIREMENTS FROM PRIOR TO CLOSING TO PRIOR TO COMMENCEMENT OF CONSTRUCTION OF THE PROPERTY LOCATED AT 3648 OAK AVENUE, MIAMI, FLORIDA. Flle 262 Attachment.doc Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado R-03-1177 Chairman Winton: Keith. Keith Carswell: OK. Keith Carswell, Department of Economic Development. What you have before you is an amendment to a resolution that was adopted by the Commission on May 8th. That resolution designated the Coconut Grove Collaborative as the developer of two single- family, owner -occupied homes for affordable to low and low to moderate income families on two City ofAliami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes November 13, 2003 City -owned properties. A closing is scheduled tomorrow, and the Collaborative has discovered that there is a title defect with one of the properties. They want to move forward with the closing and be allotted a little more time to clear the title, which will probably be done through a quiet title suit. So the resolution before you is seeking these two modifications. Vice Chairman Teele: So move, Mr. Chairman. Commissioner Sanchez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. They got their financing and everything, so this is ready to go. City ofMiami Page 150 Printed on 12/16/2004