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HomeMy WebLinkAboutCC 2003-12-18 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, December 18, 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 December 18, 2003 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Regalado, Commissioner Sanchez, Vice Chairman Teele and Chairperson Winton Absent: Commissioner Gonzalez On the 18th day of December, 2003, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:26 a.m. by Chairman Johnny L. Winton, recessed at 12:10 p.m., reconvened at 2:50 p.m. and adjourned at 6:35 p.m. ALSO PRESENT: Joe Arriola, ChiefAdministrator/City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Attorney Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS Present: Commissioner Gonzalez, Commissioner Regalado, Commissioner Sanchez, Vice Chairman Teele and Chairperson Winton PR.1 03-0325 CEREMONIAL ITEM City ofMiami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 MAYORAL VETOES NAME OF HONOREE PRESENTER PROTOCOL ITEM Dr. Leonardo Rodriguez Commissioner Regalado Proclamation 03-0325- coverpage.pdf 03-0325- protocol program.pdf PRESENTED 1. Proclamation presented by Commissioner Regalado to Dr. Leonardo Rodriguez, President of the Interamerican Association of Certified Public Accountants and who is a resident of the City ofMiami, declaring December 18, 2003 as "Day of Dr. Leonardo Rodriguez." 2. Proclamation presented byMayor Diaz declaring December 18, 2003 as "Day of Volunteer Florida andAmericorps" in recognition of their community service work. 3. Commendation presented byMayor Diaz to Abilio Felipe, in recognition of 65 distinguished years as journalist and broadcaster. 4. Virgil Fernandez, Code Inspector Guillermo Borges and members of the Chicken Busters Team presented the City with a donation of a $2, 575 check to benefit the Mayor's Holiday Celebration; and a $2,575 check donated to the Firefighters Benevolent Association. 5. Kathy Vogel, Miami -Dade County Commissioner for the Florida Inland Navigation District, presented the City with a donation of a $34, 000 check for the removal of derelict vessels on Biscayne Bay, and a $150, 000 check for renovations at Watson Island. Chairman Winton: Let's call the meeting of December 18, 2003 to order. Hello, hello, hello, we're going to start the Commission meeting, so that means all of you all have to stop talking so that we can talk. Isn't that awful, but that is the way. Commissioner Regalado, would you lead us in the invocation; Commissioner Teele, pledge of allegiance. An invocation was delivered by Commissioner Regalado, after which Vice Chairman Teele led those present in a pledge of allegiance to the flag. Chairman Winton: And let the record show that there are no mayoral vetoes, and I think we have some presentations. Chairman Winton noted that there were no vetoes. CONSENT AGENDA CA.1 03-0163 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENGAGE THE SERVICES OF ROBERT WEINREB TO SERVE AS PROJECT MANAGER OF THE BICENTENNIAL PARK REDEVELOPMENT PROJECT AND TO SERVE AS PRIMARY CONSULTANT TO THE VIRGINIA KEY REDEVELOPMENT PROJECT, REPORTING TO THE CITY MANAGER, FROM THE EFFECTIVE DATE OF THIS RESOLUTION UNTIL SEPTEMBER 30, 2004 PAYABLE MONTHLY, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $49, City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 500, WITH FUNDS FROM AN ACCOUNT TO BE IDENTIFIED BY THE CITY MANAGER. 03-0163-cover memo.pdf 03-0163-professional service agreement.pdf 03-0163-scope of services.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1211 Chairman Winton: Thank you. OK. Is there another modification to the CA agenda? Commissioner Sanchez: Mr. Chairman, I -- Chairman Winton: Didn't you have a change on -- Commissioner Sanchez: I believe the administration had another one. Mr. Vilarello: Yes. Commissioner Sanchez: Another issue. Mr. Vilarello: Substitution of an item on CA.1. It's just that -- It doesn't change the amount of the contract. It's just a cosmetic change. Chairman Winton: OK Commissioner Sanchez: OK. CA.2 03-0195 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH MEDTRONIC PHYSIO-CONTROL CORPORATION, SOLE SOURCE PROVIDER, PURSUANT TO RESOLUTION NO. 03-0298, ADOPTED MARCH 27, 2003, IN AN AMOUNT NOT TO EXCEED $50,000, FROM $89,479.75 TO $139,479.75, FOR ADDITIONAL LIFEPAK ACCESSORIES INCLUDING PATIENT CABLES, RECORDING PAPER, ELECTRODES, AND BATTERY PAKS, FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS FOR SAID INCREASE FROM THE DEPARTMENT OF FIRE -RESCUE OPERATING BUDGET, ACCOUNT CODE NO. 001000.280601.6.714, SUBJECT TO BUDGETARY APPROVAL; FURTHER AMENDING RESOLUTION NO. 03-298 TO REFLECT SAID INCREASE. 03-0195- cover memo.pdf 03-0195- budgetary impact analysis.pdf 03-0195- letter.pdf 03-0195- quotes.pdf 03-0195- price list.pdf 03-0195- previous legislation.pdf 03-0195- Increase sole source.pdf City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1212 CA.3 03-0212 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF ARAMSCO AND SENSIR TECHNOLOGIES, FOR THE PROCUREMENT OF ONE HAZMAT CHEMICAL IDENTIFIER AND A PORTABLE HANDHELD CHEMICAL DETECTION MONITORING SYSTEM, WITH OPTIONAL ON -SITE TRAINING OF CITY OF MIAMI PERSONNEL AND AN EXTENDED THREE-YEAR PRODUCT MAINTENANCE PROGRAM, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $65,465; ALLOCATING FUNDS FROM FIRE -RESCUE HOMELAND DEFENSE PREPAREDNESS BOND PROGRAM PROJECT NO. 313305, ACCOUNT CODE NO. 289307.6.840. 03-0212 -cover memo.pdf 03-0212 - budgetary impact analysis.pdf 03-0212 - award recommendation form.pdf 03-0212 - tabulation of bids.pdf 03-0212 - bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1213 CA.4 03-0224 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF COMPUTER HARDWARE, SOFTWARE, AND OTHER RELATED EQUIPMENT AND SERVICES, FROM THE INTERNATIONAL BUSINESS MACHINES CORPORATION ("IBM") TO ENHANCE THE CAPABILITIES OF THE CITY OF MIAMI'S EMERGENCY MANAGEMENT COMMAND CONTROL, TO RECEIVE, MANAGE, AND DISSEMINATE CRITICAL INFORMATION AND COORDINATE CITYWIDE EMERGENCY RESPONSE AND RECOVERY ACTIVITIES SHOULD A FAILURE OR THREAT TO THE PRIMARY EMERGENCY OPERATIONS CENTER ("EOC") OCCUR, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 973-504- 03-01, EFFECTIVE UNTIL MARCH 31, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, IN A TOTAL AMOUNT NOT TO EXCEED $844,308.55; ALLOCATING FUNDS FROM THE FEDERAL GRANT ENTITLED, " URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II," PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.840; City ofAliami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 03-0224- cover memo.pdf 03-0224- budgetary impact analysis.pdf 03-0224- purchasing memo.pdf 03-0224- component list.pdf 03-0224- letter from the state.pdf 03-0224- memo from the state.pdf 03-0224- certification of contract.pdf 03-0224- contract.pdf 03-0224- award under state of Fl.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1214 CA.5 03-0236 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE ACQUISITION OF DATABRIDGE SOFTWARE, IMPLEMENTATION, TRAINING, AND PRODUCT MAINTENANCE FOR THE FIRST YEAR FROM ATTACHMATE ENTERPRISE SOLUTIONS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, WITH THE OPTION TO EXTEND PRODUCT MAINTENANCE FOR FOUR ADDITIONAL ONE-YEAR PERIODS, WITH ANNUAL MAINTENANCE COSTS CAPPED AT $14,280 FOR THE SECOND YEAR, AND $14,708 FOR THE THIRD YEAR, WITH FUTURE ANNUAL INCREASES LIMITED TO NO MORE THAN 4% PER YEAR, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 252-005-01-1, EFFECTIVE THROUGH NOVEMBER 14, 2004, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, IN AN ESTIMATED AMOUNT NOT TO EXCEED $75,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 311616, FROM OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND VARIOUS CIP ACCOUNTS. 03-0236-cover memo.pdf 03-0236-bgt impact analysis.pdf 03-0236-letter from attachmate vendor.pdf 03-0236-state contract.pdf 03-0236-state contract contd.pdf 03-0236-award state of Fla contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1215 CA.6 03-0269 RESOLUTION City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 98-631, AS AMENDED BY RESOLUTION NO. 98-767, WHICH ESTABLISHED THE DEBT MANAGEMENT POLICY TO EXPAND THE DUTIES, RESPONSIBILITIES AND SCOPE OF REVIEW TO BE UNDERTAKEN BY THE FINANCE COMMITTEE. 03-0269- cover memo This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1216 CA.7 03-0275 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 03-0275- cover page.pdf 03-0275- civil service actions This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton CA.8 03-0276 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE AMOUNT OF $500,000, IN PARTIAL SETTLEMENT OF THE CITY OF MIAMI'S CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS . DANVILLE-FINDORFF, INC., A FLORIDA CORPORATION, HAMES CONTRACTING, INC., A GEORGIA CORPORATION, AND THE SHERWIN -WILLIAMS COMPANY, AN OHIO CORPORATION IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, CASE NO. 99-22455 CA (23), PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT; AND DIRECTING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 03-0276- cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1217 Chairman Winton: So, I need a motion on accepting the CA agenda. Commissioner Sanchez: No, no. I have three items that I want to address on the CA -- CA.8, which is a settlement from the Orange Bowl lawsuit on the paint litigation, and that is only -- I believe we had other entities that we were in litigation with. This is settlement of one only, right? City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Vilarello: Correct. We filed suit against three entities. This is -- Sherman Williams has come to the table and agreed to settle its case with the City. So, they've agreed to pay five hundred thousand dollars to the City as a result of the litigation that we brought forward two years ago. Commissioner Sanchez: And on that issue, I just want to make a point that we have spent a lot of money out of the CIP projects going towards the Orange Bowl, and once again, I'm a stickler for the parks and the lack of funding that we have towards the park maintenance, and at a later time, I will be making a motion to have this money directed towards park maintenance, so later on, when we get back in the afternoon, I will have something in writing to forward that money to the parks maintenance department. CA.9 03-0280 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING PAYMENT TO MIAMI-DADE COUNTY FOR THE DISPOSAL OF SOLID WASTE COLLECTED IN AND BY THE CITY OF MIAMI, PURSUANT TO INTERLOCAL AGREEMENTS BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FLORIDA, FOR FISCAL YEAR 2003-2004, IN AN AMOUNT NOT TO EXCEED $10,900,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 422001.320302.6.531; FURTHER STIPULATING THAT THE PAYMENT AMOUNT CANNOT BE INCREASED WITHOUT PRIOR APPROVAL OF THE OFFICE OF STRATEGIC PLANNING, BUDGETING AND PERFORMANCE AND THE DEPARTMENT OF PROCUREMENT. 03-0280- cover memo.pdf 03-0280- online budget status.pdf 03-0280- solid waste memo.pdf 03-0280- letter from MDC solid waste.pdf 03-0280- previous interlocal agreement.pdf 03-0280- previous legislation.pdf 03-0280- previous memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1218 Commissioner Sanchez: On that issue, we move to Number 9. CA.9. I just need an explanation. That's a very expensive item. That's almost eleven million dollars. Of course, I know that's on the disposal of solid waste, butt want to know, what are we basically doing to fry to reduce our expenditures in that? Mr. Arriola: The -- Chairman Winton: We don't have anything. Mr. Arriola: Commissioner, this is -- I hate to tell you that this is the money we already spent. This is last year's expense, and, hopefully -- Chairman Winton: It's that contract we've had forever. City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Arriola: Yeah, you had that contract -- Chairman Winton: We're just at the mercy of the County. Mr. Arriola: But in January, I want you to know that we're going to bring some resolutions to -- Commissioner Sanchez: Well, I just want to know -- listen, I just want to know if the adminisfration has a plan -- Mr. Arriola: Yes, sir. Commissioner Sanchez: -- whether it's today or next year -- Mr. Arriola: Yes, sir, we do. Commissioner Sanchez: -- to start focusing on seeing how we could -- because it's all about reducing our expenditures, you know, so does the adminisfration have a plan for next year to address this concern? Mr. Arriola: You will have it in front of you by mid -January, at the latest, sir. Commissioner Sanchez: OK. Mr. Arriola: Thank you. CA.10 03-0281 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF SCRIPTOGRAPHIC CRIME PREVENTION BOOKLETS FROM CHANNING L. BETE COMPANY, INC., FOR THE DEPARTMENT OF POLICE TO ASSIST WITH COMMUNITY POLICING EFFORTS, AT A PROPOSED AMOUNT NOT TO EXCEED $24,999.91; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 03-0281- affidavit.pdf 03-0281- cover memo.pdf 03-0281- budgetary impact analysis.pdf 03-0281- letter.pdf 03-0281- products description.pdf 03-0281- award of purchase.pdf 03-0281 - Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1219 CA.11 03-0282 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 INCREASE IN THE CONTRACT WITH BELLSOUTH COMMUNICATIONS SYSTEMS, PURSUANT TO RESOLUTION NO. 01-583, ADOPTED JUNE 14, 2003, IN AN AMOUNT NOT TO EXCEED $100,000, FROM $200,000 TO $300,000, UNDER THE PRICES LISTED IN THE BROWARD COUNTY TELEPHONE SYSTEM MASTER MAINTENANCE AGREEMENT RFLI NO. 060597-RB, FOR THE AQUISITION OF TELECOMMUNICATIONS EQUIPMENT, SOFTWARE, INSTALLATION, AND RELATED SERVICES FOR VARIOUS CITY FACILITIES, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; AMENDING RESOLUTION NO. 01-583 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECTS AND THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL. 03-0282- cover memo.pdf 03-0282- budgetary impact analysis.pdf 03-0282- previous legislation.pdf 03-0282- increase of contract.pdf 03-0282- agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1220 CA.12 03-0283 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COLLEGE ("MDC"), FOR AN INITIAL THREE-YEAR PERIOD, WITH THE OPTION TO EXTEND THE AGREEMENT FOR ONE ADDITIONAL THREE-YEAR PERIOD, TO PROVIDE EDUCATIONAL PROGRAMS AND ACTIVITIES FOR AT -RISK YOUTHS, TEENAGERS, CHILDREN, ELDERLY CITIZENS, AND FAMILIES LIVING IN THE NEIGHBORHOODS NEAR CITY -OWNED PROPERTY KNOWN AS JOSE MARTI PARK, LOCATED AT APPROXIMATELY 353 SOUTHWEST 4TH STREET, MIAMI, FLORIDA. 03-0283- cover memo.pdf 03-0283-exih ibits. pdf 03-0283-exihibits continued.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED unanimously. R-03-1229 A motion was made by Commissioner Sanchez, seconded by Commissioner Gonzalez, and unanimously passed by the Commission to modify CA-12 to include "Amigos Together for Kids" as one of the providers of educational programs and activities at Jose Marti Park. A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 unanimously passed by the Commission, to reconsider prior vote on item CA-12, which had modified the item to include "Amigos Together for Kids" as one of the providers of educational programs and activities at Jose Marti Park. Subsequently, Item CA-12 was adopted, as originally presented on the agenda (see above). A motion was made by Commissioner Sanchez, seconded by Vice Chairman Teele, and unanimously passed by the Commission, directing the administration to work with the Parks Department to negotiate an interlocal agreement with "Amigos Together for Kids" to provide educational programs and activities at Jose Marti Park. Commissioner Sanchez: OK On CA.12, which is a resolution between -- an agreement between Miami -Dade Community College and the City ofMiami for the use of the Parks Department, especially in my district (UNINTELLIGIBLE). I just want to make some comments on this. One is, I would like to see more communication from the Parks Department and my office when it's pertaining to my parks in my district. I just want to state that for the record. On the other issue is, I -- you know, we have -- Miami -Dade Community College is a great institution. I don't take that away from them. I'm a product ofMiami-Dade Community College. They are an academic oriented institution. You know, we have made movements towards improving our parks, but I'd like to see also tapping into the social welfare -oriented organizations. We rely that every year we have cuts from the federal government and from the State pertaining to social services, and I think that this could be -- if done right, this could be a project, a model, or a pilot program for the entire City. So, I would just like to make one amendment to CA.12, and that is to include Amigos Together for Kids, to work in conjunction with Miami -Dade Community College to provide that because I said it very clear. One is a social welfare -oriented organization, and the other one is an academic orientation that could work together at that new facility at the park. So, on that issue, I would like to make a motion to amend CA.12 to include Amigos Together for Kids, to work in conjunction with Miami -Dade Community College. So move. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on CA.12. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed? The motion carries. Chairman Winton: Commissioner Sanchez, you wanted to -- Commissioner Sanchez: Mr. Chairman, before we go on, we have a clean up item on CA.12. Legal's telling me there's some problems with the resolution, the way it was passed. So, I will be making a motion to reconsider the resolution at this time, and then to vote on the original resolution and then, of course, I would have a separate motion directing the administration to work another interlocal agreement with Amigos Together for Kids. So my first motion is to reconsider CA.12. Chairman Winton: Need a second. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Like sign, opposed. The motion carries. Commissioner Sanchez: OK The other is to -- a motion to approve the resolution -- the original resolution. 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. Commissioner Sanchez: And the other one is to direct the administration to work with the Parks Department to work out an interlocal agreement with Amigos Together for Kids, and bring it back to the Commission for approval. So move. Vice Chairman Teele: Second. Commissioner Regalado: 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: Thank you so much. Miami -Dade Community College, thank you so much. Always a pleasure. CA.13 03-0287 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO TAKE ANY ACTION IN LAW OR IN EQUITY TO COLLECT ON MUNICIPAL LIENS, INCLUDING BUT NOT LIMITED TO FORECLOSURE, INCLUDING PAYING COSTS AS APPROVED BY THE CITY ATTORNEY; AND AUTHORIZING THE CITY ATTORNEY TO DELEGATE THIS AUTHORITY TO THE HOLDERS OF MUNICIPAL LIENS OR THEIR COUNSEL, AT NO COST TO THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENT(S) NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUCH PURPOSE. 03-0287- cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1221 CA.14 03-0302 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR PROPOSALS NO. 02-03-158, THAT THE MOST QUALIFIED FIRMS TO PROVIDE NETWORK BACKBONE EQUIPMENT MAINTENANCE SERVICES FOR THE NETWORK INFRASTRUCTURE, IN RANK ORDER: (1) UNISYS CORPORATION AND (2) BELLSOUTH BUSINESS SYSTEMS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ESTIMATED ANNUAL COST NOT TO EXCEED $400,000, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH THE HIGHEST RANKED FIRM FOR THE PROVISION OF NETWORK BACKBONE EQUIPMENT MAINTENANCE SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND RANKED FIRM IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP RANKED FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 03-0302- cover memo.pdf 03-0302- budgetary impact analysis form.pdf 03-0302- evaluation of RFP.pdf 03-0302- supported equipment and pricing.pdf 03-0302- infrastructure support services.pdf 03-0302- RFP.pdf 03-0302 memo.pdf Motion by Commissioner Sanchez, 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-03-1210 All the bids were rejected Chairman Winton: OK I think that's the -- that's it for presentations, proclamations and the fun. Let's go to the CA (Consent agenda) Agenda, Mr. Manager. Mr. Manager, Mr. Manager. Alejandro Vilarello (City Attorney): Mr. Chair, there's two substitutions on the Consent Agenda. CA.1 is a substitution item, and CA.14 is a change in the recommendation from the Manager. Chairman Winton: Mr. Manager. Joe Arriola (City Manager): Yes, Mr. Chair. I would like to recommend that CA.14 be rejected, and that we go back through a new RFP (Request for Proposal), and that's my recommendation. Chairman Winton: Would you put on the record why you're making this recommendation, Mr. Manager? Mr. Arriola: Yes, sir. As you know, as we go through all the procedures and I go through all the breakdowns, it is my very strong feeling that there were components that were specified in this bidding process that I feel strongly that we can go out and get other sources that would save this City a lot more money, and I want to re -explore that. I think that Unisys will be very much allowed to come back to the system. As a matter of fact, it was Unisys that gave us the flag up on City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 this item, so I would like to go back and rebid it. Chairman Winton: OK Lucia. Lucia Dougherty: Good morning, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221BrickellAvenue. I'm here on behalf of the bidder which won this award, Unisys. They are also your existing provider. Unisys went through a procurement process. They were deemed responsive and responsible. They were the lowest bidder for this provider. It was on your agenda for an award. I just received this new recommendation today. I heard rumors about it yesterday from City Hall staff basically saying, "Have you heard what's happening?" I would ask that before the Commission make this recommendation, that you at least put it off until the next hearing so that I can respond, with legal authority, as to why the City Commission can't do this at this time. Chairman Winton: Mr. Manager, is there any -- does the delay of two weeks hurt anything here? Mr. Arriola: Well, we -- our contract expires on the 31 st of December, and we're -- Commissioner Sanchez: January. Mr. Arriola: January. I'm sorry. OfJanuary. We have already extended our contract. There's really -- Ms. Dougherty: You're going to have to extend it anyway to go out for a bid again. Chairman Winton: Right. Mr. Arriola: We're doing that, and there's really no reason to continue delaying the process when we need to go forward and get this done. Chairman Winton: By the way, you could still begin the work process, though, of -- because as I understand this, what you want to do is change the scope of work -- Arriola: Yes, sir. Chairman Winton: -- pretty significantly, which I think we're all in favor of. Mr. Arriola: Good. Chairman Winton: And it seems to me that you're going to have to go to work on doing that anyhow, so the only question I have is so that we make sure, from a public standpoint, that our process is clear and we answer these questions. I'm not sure I understand why we can't run on a parallel path here, you working on the RFP. Mr. Arriola: I think we're very clear, what we've done and that is, with all our rights to pull this. I mean, I would hate to see that -- when administration decides to go in a better way, that now we have to go through the whole politics of it. Chairman Winton: And, actually, Lucia, you have the right, under our existing code anyhow, to pursue whatever remedy that's available. Ms. Dougherty: Actually, I don't. You know what happened? You awarded this -- Bell South attempted to protest this bid. They were deemed untimely. They were out of -- City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Excuse me. Ms. Dougherty: Yes, sir. yes, sir. Vice Chairman Teele: Did you say we awarded it? Ms. Dougherty: I'm sorry. This -- you -- the Manager made a recommendation to award this bid to Unisys. Bell South attempted to protest it. We are out of time to protesting it at this time. There's no ability to do anything, other than to stand here and ask you before you take this action, let us at least have the ability to come back and tell you why it's wrong. We were deemed responsible and responsive. To now go back and say, "Oh, we don't like who got this, and so we're going to put it out again. Maybe we're going to change the thing just because you want it" is wrong to do this. Mr. Arriola: Mr. Chair. Chairman Winton: Yes. Mr. Arriola: Let me specify something. This has nothing to do -- Chairman Winton: With who got it. Mr. Arriola: -- with who got this, OK? And what she is insinuating is an insult to me, personally. What did not like was either Unisys or Bell South components in this particular thing, and what want to do is bring new components that will save this City money. That insinuation is insulting to me, personally. Chairman Winton: It's about scope of services, not about anything else. Mr. Arriola: It's about scope of service, not who got it. Vice Chairman Teele: But before everybody gets insulted, who wrote the bid spec? Because the bid spec -- this was not like a Request for Proposal, was it? Unidentified Speaker: Yes, sir, it was. Vice Chairman Teele: Did it have bid specs to it? Peter Korinis: Peter Korinis, Chief Information Officer. It was an RFP and it had a statement of work that described the requirements. Vice Chairman Teele: It did not have the components that were required? Mr. Korinis: Yes, sir, it did have components. Vice Chairman Teele: Well, I'm responding -- because, see, that's whatl -- I don't see how you can have a bid if it doesn't have the components. If the Manager is saying he doesn't like the components, he shouldn't be directing his comments at the attorney. He should be directing his comments at the staff. Mr. Arriola: Which I did. Vice Chairman Teele: Because the staff is the one who wrote the components. Mr. Arriola: Absolutely. City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Korinis: Yes, sir. And we wrote the components in a very restrictive way, which we have now come to realize was too restrictive and resulted in excessive costs for this City. If we relax those components and become less restrictive, we feel we can get a better deal at a lower cost. Chairman Winton: Then Unisys may be the winner of the next deal anyhow. Mr. Arriola: As a matter offact, Unisys brought this to our attention, sir. Chairman Winton: So -- Commissioner Sanchez: So, I -- Mr. Chairman, I do have one question. Ms. Dougherty: But now Unisys' price is now available to all of our competitors, so we are at a very bad competitive disadvantage. They know our price for these components, so now you're going to put it out on the street to allow everybody else to bid our components at our price. Mr. Arriola: It's not your components, to start with, and it's not your price. It has nothing to do with Unisys components, and you know that. You're not telling the truth. Commissioner Sanchez: All right. I just have one question. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: So, we're looking at significant -- are we looking at a significant savings? Mr. Arriola: Yes, sir. Mr. Korinis: Potentially, 60 -- Commissioner Sanchez: You've already answered the questions on our components. I want to know, if we do this, are we looking at a significant savings for the City? Mr. Korinis: The reason we're doing it is because we feel that there's a possibility of sixty thousand dollars a year savings, three hundred thousand over the term of the 5-year contract. Chairman Winton: OK So, what is the -- is there a motion here? I mean, what -- Commissioner Sanchez: It'll be a -- Chairman Winton: The Manager's just recommending we pull CA.14; is that correct? Mr. Vilarello: Well, no. The Manager's recommending that you -- Mr. Arriola: Reject. Mr. Vilarello: -- reject the RFP -- Commissioner Sanchez: So move the Manager's recommendation. Mr. Vilarello: -- and direct him to issue a new RFP. Chairman Winton: So we have a motion and a second. Do we have discussion? Yes, sir. City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Regalado: I just have a question. I'm wondering, the Manager was the one that looked at this bid and realized that we could have saved money. So, my question is, how about if the Manager does not have the time to look at the results of all the bids, are we losing money here? Because the will of the staff -- we were going to lose sixty thousand dollars a year. The question is, is there a process to fry to move from the old ways to the new ways? Mr. Arriola: Commissioner, that's very good you brought that up. The process that we have in place right now is that we bring outside people to make their recommendations. One of the things that we are reviewing is to how do we put these groups together that actually make the recommendations to the Purchasing Department? I think that we need, in the future -- and we're doing that right now, Commissioner -- bringing people with higher -- especially when it comes to Peter's department -- people with higher technical backgrounds that can give us better feedback than we've had right now, so I agree with you, but we are -- we've looked at the process and we're changing it, sir. You know, we can't change everything. You know, it kind of -- every day we look into these things, butt feel exactly what you're saying and I couldn't agree with you more. Commissioner Regalado: Thank you. Chairman Winton: OK Any other discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Ms. Dougherty: Thank you. CA.15 03-0174 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF 41 EACH OF POWERHEART G3 AUTOMATED EXTERNAL DEFIBRILLATORS (AEDS), G3 CARRYING CASES, WALL MOUNT UNITS AND EXTENDED LIFE LITHIUM BATTERIES, 47 READY KITS AND 129 SETS OF ELECTRODES INCLUDING A FIVE-YEAR WARRANTY FROM CARDIAC SCIENCE, INC., FOR THE DEPARTMENT OF FIRE -RESCUE, UTILIZING EXISTING STATE OF FLORIDA SNAPS III CONTRACT NO. 4651951-4, EFFECTIVE THROUGH MAY 17, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, IN A TOTAL AMOUNT NOT TO EXCEED $91, 779.33; ALLOCATING FUNDS FROM THE STATE OF FLORIDA EMERGENCY MEDICAL SERVICES MATCHING GRANT M3004 AWARD FY 2003), PROJECT NO. 110118, ACCOUNT CODE NO. 280212.6.840. 03-0174-cover memo.pdf 03-0174- budgetary impact analysis.pdf 03-0174- previous legislation.pdf 03-0174-letter. pdf 03-0174- snaps agreement.pdf 03-0174-award under state of Fl.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 R-03-1222 CA.16 03-0171 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARIE METELUS AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LUC METELUS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $70,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF MARIE METELUS AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LUC METELUS V. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA, CASE NO. 03-01673 CA 05, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001. 624401.6.651. 03-0171- cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1223 CA.17 03-0305 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., IN AN AMOUNT NOT TO EXCEED $15,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ROBERT M. JASINSKI, ET AL VS. CITY OF MIAMI, CASE NO. 01-28889 CA (09), IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, A CASE RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 03-0305- cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1224 CA.18 03-0307 RESOLUTION City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI- DADE COUNTY ("COUNTY") TO IMPLEMENT A SINGLE CONSOLIDATED COUNTY/WIDE 311 CALL CENTER TO PROVIDE CITIZENS WITH A SIMPLIFIED WAY TO ACCESS COUNTY AND CITY OF MIAMI INFORMATION AND SERVICES; ALLOCATING FUNDS, IN THE AMOUNT OF $423,737, RECEIVED AS A GRANT FROM THE FEDERAL COMMUNITY POLICING SERVICES PROGRAM, FOR SAID PURPOSE. 03-0307- cover memo.pdf 03-0307- budgetary impact analysis.pdf 03-0307- exhibit 1- interlocal agreement.pdf 03-0307- exhibit 2- service level agreement .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1225 CA.19 03-0308 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND THE CASE OF NATIONAL ADVERTISING CO. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO. 01-3039 CIV-KING, AND ALL RELATED BILLBOARD CASES, IN AN AMOUNT NOT TO EXCEED $500,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 03-0308- cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1226 Commissioner Sanchez: And on -- Mr. Chairman, on CA.19, I just want to state for the record that I would ask the City administration, especially the Legal Department, to continue a full course press on towards the settlement of these cases. I know that we've settled on one, and we're in the efforts of settling on two, and I just want to assure that I -- at least, there's one vote on this Commission to spend the -- whatever resources it takes to try to reach a settlement that both pleases the City and, of course, pleases the entities that we are in litigation with. Commissioner Gonzalez: Mr. Chairman, I also have a concern on this item, and the fact is that we have already spent close to a million and a half dollars, and I don't know how much money -- how much more money we're going to have to spent, because, you know, the winners eventually in this settlement will be the attorneys. The attorneys that represent the City and the attorney that represent the companies are going to be the winners, and I want to make sure that whatever City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 settlement we make, you know, attorney fees are considered, because at least -- I mean, this is excessive. We started with a hundred thousand dollars and now we're up to a million and a half dollars. You know, we continue like this, by December, we'll probably have spent ten million dollars in attorney's fees. This has to have an end somewhere, somehow. CA.20 03-0313 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE LAW FIRM OF AKERMAN, SENTERFITT TO RENDER SERVICES CONCERNING AUXILLARY LEGAL REVIEW OF THE ZONING ORDINANCE AND ANY REDRAFTING IN LIGHT OF OMNIPOINT V. MIAMI-DADE COUNTY COURT DECISIONS; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $10,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FROM NON - DEPARTMENTAL ACCOUNT CODE NO. 001000.920205.6.250, FOR SAID SERVICES. 03-0313-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1227 Chairman Winton: Anything else? OK. Need a motion on -- Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? Mariano Cruz: Mariano Cruz, 1227 Northwest 26th -- I was going to speak on 19, too, but they -- I'm going to speak on 13. Chairman Winton: Well, this isn't a public hearing, by the way. Mr. Cruz: No? Chairman Winton: It's not a public hearing. Mr. Cruz: No, but the Consent Agenda, always people can -- same thing that Lucia Dougherty complain, and this is legal. On this municipal liens, are they only concerning public -- commercial property -- because in a private home, if the homeowner has, according to -- on the Florida Constitution Charter, if he get -- if the person live in the property and had homestead exemption, any municipal lien, like a Code Enforcement Board, is invalid. It doesn't count, so I know the Legal Department is going to tell the people right now, if they get homestead exemption and they live in the property, even ifI have a million dollar lien, it doesn't count. Probably, the law supersede municipal law. Thank you. Chairman Winton: Was that a question or a lecture? Mr. Cruz: Oh, no. Just to let the people know that (INAUDIBLE). City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: OK Thank you. OK We have a motion and a second on CA agenda. Discussion? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Vice Chairman Teele, 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 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 03-0301 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ESTABLISH AN ENDOWMENT FUND ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH DADE COMMUNITY FOUNDATION, INC., FOR THE DONATION OF FUNDS FOR A HEART OF OUR PARKS ENDOWMENT FUND, UNDER THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 03-0301-cover memo.pdf 03-0301-exhibitl . pdf 03-0301-exhibitl A.pdf 03-0301-exhibitl B.pdf DEFERRED This item was deferred. Chairman Winton: Three, so we'll see what we can get cranked up here. I think the next order of business is M.1, but on here I see that somebody -- is M.1 going to be deferred to January? What are you guys looking at? M.1, Mr. Manager. I have on my -- somebody wrote on my agenda that M 1 -- oh, no, that's Manny Diaz' thing. That's the Mayor's thing, so I'm assuming that he's going to do that. Unidentified Speaker: M.1. Chairman Winton: Yeah, which is the Mayor's agenda, and it says handwritten here -- oh, we're going to defer that to the second meeting of January? Defer. Fine. OK. Commissioner Sanchez: OK. City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: D.3, we did D.3, by the way, Madam Clerk. Priscilla A. Thompson (City Clerk): We weren't sure because it was actually a presentation of the grant, is that what that was supposed to be about? Chairman Winton: Yeah. Commissioner Sanchez: Madam Clerk, that was done this morning. Ms. Thompson: Thank you. DISTRICT 1 COMMISSIONER ANGEL GONZALEZ NO ACTION TAKEN DISTRICT 2 CHAIRMAN JOHNNY L. WINTON NO ACTION TAKEN City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 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 DISCUSSED Mr. Schmand presented a donation to the City in the form of a check for $500, 000 to be used for City parks programs. D3.2 03-0274 DISCUSSION ITEM DISCUSSION CONCERNING A 4/5THS VOTE RESIDENCY WAIVER REQUIRED FOR JOSE "PEPE" SANCHEZ TO SERVE ON THE LITTLE HAVANA ADVISORY BOARD. 03-0274- email.pdf DISCUSSED Discussion resulted in resolution below: D3.2 03-0274a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose "Pepe" Sanchez Commissioner Joe Sanchez Carmen Fanego Commissioner Joe Sanchez Motion by Commissioner Sanchez, 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 R-03-1240 Mr. Jose "Pepe" Sanchez was granted a four fifths waiver of the residency requirement. Ms. Carmen Fanego was appointed to replace Adrienne Arsht, who is unable to attend the meetings of the board. City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Yes, sir. Commissioner Sanchez, you wanted to say something? Commissioner Sanchez: Commissioner Teele, do you want to speak on this issue? Oh. Just DC -- D3.2, which is just a four fifths waiver required for Jose "Pepe" Sanchez, which is no relation to me, but he is fruly a professional, a very successful retirement businessman, who is very interested in helping with the Homeowners Advisory Board. However, he lives in Coral Gables and we need a four fifths vote granting him residency waiver. Chairman Winton: OK. Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. 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. Commissioner Sanchez: Also, on that I would like to take the opportunity -- Adrienne Arscht has resigned from the board for specific reasons, and I would like to appoint Carmen Fanego, who is an employee of Total Bank, to replace her on that board. So moved. 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. City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 03-0304 DISCUSSION ITEM DISCUSSION CONCERNING DIRECTING THE ADMINISTRATION TO INITIATE A STUDY OF THE LEJUENE ROAD CORRIDOR INCLUDING A REVIEWAND ANALYSIS OF THE DEMOGRAPHICS OF THE UNINCORPORATED AREA FROM S.W. 8TH STREET TO S.W. 16TH STREET AND FROM S.W. 37TH AVENUE TO S.W. 47TH AVENUE FOR THE PURPOSE OF EXPLORING ANNEXATION TO THE CITY OF MIAMI. 03-0304- cover memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Teele, and passed unanimously with Commissioner Gonzalez absent, directing the Administration to develop plans to include the Le Jeune Corridor in the planning study as expeditiously as possible, and to explore proposed annexation of the Little Gables area; further directing the City Manager to bring back a recommendation at the January 8, 2004 Commission meeting. Commissioner Regalado: Are you doing like Commissioners? Chairman Winton: Yeah. Commissioner Regalado: You're doing Commissioner's blue page or white page? Chairman Winton: The blue page -- Commissioner Regalado: Used to be blue page. Chairman Winton: I don't think we -- we didn't do yours, because you were out being interviewed, so we did not do yours, so we can go -- why don't we go to your blue page items, Commissioner Regalado. Commissioner Regalado: OK There's no Manager here. Commissioner Sanchez: Huh? Chairman Winton: Oh. We need a City Manager here. Can't have a Commission meeting without Manager. Hello. Commissioner Regalado: OK This is -- the administration already has in place a contract that has been implemented in several areas of the City regarding planning and looking into the construction, and the money is coming from quality of life in the different district. That's my understanding, so Le Jeune Road is a very vibrant corridor, and it's in District 4 from Northwest 7th Street to Southwest 8th Sfreet. There is a lot of construction or plans for construction, so, Mr . Chairman, my motion will be to direct the administration to come up with plans to have Le Jeune -- the Le Jeune corridor be part of that planning study in the near future, and also to have that same group to explore annexation to the City ofMiami of the area known as little Gables, which is between Southwest 8th Sfreet to Southwest 16th Sfreet, and Southwest 47th Avenue to Southwest -- I mean, Southwest 42nd Avenue to Southwest 47th Avenue area, which is now City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 D4.2 03-0319 unincorporated in Miami -Dade County. Some residents of that area, known as little Gables, have approached my office saying that they would like to know what it would mean for them to incorporate into the City ofMiami, and these people do this, so that would be my motion, to have the administration come up with a plan to the City Commission in January. I think that the contract is in place, but I don't know the amount or the kind that they would need for it. So, that would be my motion. Chairman Winton: Need a second. Vice Chairman Teele: 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 LEGISLATION THAT WOULD ESTABLISH CRITERIA (INCLUDING A REVIEW OF CREDIT HISTORY AND A BACKGROUND CHECK) FOR INDIVIDUALS WHO PROMOTE EVENTS AT CITY VENUES. 03-0319-cover memo.pdf DISCUSSED Discussion resulted in the adoption of ordinance on first reading (See Item SI.2) D4.3 03-0306 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THAT MONETARY DONATIONS RECEIVED FROM CITIZENS OR CORPORATIONS BE USED FOR THE PURPOSE DESGINATED; FURTHER DIRECTING THAT CAMPAIGN FUNDS DONATED BE ALLOCATED IN FIVE (5) EQUAL PARTS FOR EACH CITY COMMISSIONER TO DESIGNATE FOR USE BY PUBLIC SERVICE GROUPS WHO HAVE HAD FUNDING REDUCED FROM PREVIOUS LEVELS OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1241 Commissioner Regalado: And the last item, Mr. Chairman, is a resolution of the Miami City Commission authorizing that monetary donations -- certain, certain monetary donations received from citizens, corporations or campaign funds be allocated in five equal parts for each City Commissioner to designate use of the fund for public service group who had had funding reduced from previous level of Community Development Block Grant funds. What this does is, if anybody has a campaign fund surplus and can be -- and want to donate it to the City ofMiami, that these funds be allocated in five equal parts. City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Vice Chairman Teele: I second the motion. Commissioner Regalado: So, each Commissioner will have the money in the July process -- Vice Chairman Teele: I don't know how I figure -- I mean, I'm not going to get any money any other way. I can't lose. Chairman Winton: Yeah, exactly. Vice Chairman Teele: I mean, do you know of some money that may come back? Commissioner Regalado: Well, if you approve this, I'll tell you. Vice Chairman Teele: I second the motion. Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor "aye The Commission (Collectively): Aye. Related resolution listed below (file # 03-0373): D4.3 ( 03-0373 RESOLUTION N/A) A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A DONATION OF SURPLUS CAMPAIGN FUNDS, IN THE AMOUNT OF $25, 000, FROM THE CAMPAIGN OF COMMISSIONER TOMAS REGALADO; FURTHER CREATING A SPECIAL RESERVE FUND DESIGNATING SAID FUNDS TO THE CITY OF MIAMI TO BE PLACED IN THE JULY COMMUNITY BLOCK GRANT PROCESS FOR EACH COMMISSIONER TO HAVE A RESERVE OF $5,000, SUBJECT TO BUDGETARY APPROVAL. Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1242 Commissioner Regalado hand delivered the check to the City Manager. Commissioner Regalado: OK The next item is -- I am asking the City Commission to accept a donation from my surplus campaign for money of twenty-five thousand dollars to be divided -- Vice Chairman Teele: From who? Commissioner Regalado: My campaign. Vice Chairman Teele: So moved -- second. Commissioner Regalado: The campaign fund to twenty-five thousand dollars, to be placed in a special account for the July CDBG (Community Development Block Grant) process for each City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner to have a reserve of five thousand dollars each -- Vice Chairman Teele: Second. Commissioner Regalado: -- to be used -- Commissioner Sanchez: Third. Commissioner Regalado: -- at the end of -- Commissioner Sanchez: Commissioner Teele, you seconded it already four times. Chairman Winton: Motion -- this motion has been firsted (sic), seconded, thirded (sic) and fourth. All in favor, "aye." The Commission (Collectively): Aye. Alejandro Vilarello (City Attorney): Mr. Chairman, just clarification for the record. The contribution has to be a designation just to the City. Vice Chairman Teele: Right. Mr. Vilarello: That's why he first created the resolution creating the special fund, but the designation has to be without restrictions. Vice Chairman Teele: Mr. Chairman, I mean, I -- it's sort of light hearted and it's Christmas and it's a good time to give, butl think the public should be aware that what the Commissioner's saying is that given the fact that he did not have a substantial opposition or an opponent, that he's taking the funds that he could give away solely to anybody or any entity or keep it for organizations within his own district -- Chairman Winton: Right. Vice Chairman Teele: -- and he's giving it to the City, with the understanding that all five districts, that is the other four districts, will give five thousand dollars, provided it is for community based organizations in the CD (Community Development) process, and I think it's certainly the most generous act that I've seen any elected official ever make, because clearly it's money that he could put in his own district and not divide it up, and I want to express my appreciation and commendations to you. Thank you. Commissioner Regalado: Thank you. Commissioner Sanchez: Thank you. Chairman Winton: Thank you. OK Anything else? Commissioner Regalado: Did we vote? Chairman Winton: Did we vote? All in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Vote again. Chairman Winton: Like sign, opposed. The motion carries. City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Regalado: OK I'm giving the check to the City Manager, Special Account. (APPLAUSE) City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 DISTRICT 5 VICE CHAIRMAN ARTHUR E. TEELE, JR D5.1 03-0310 DISCUSSION ITEM DISCUSSION AND MOTION REGARDING REPEATED ARMED ROBBERIES WITHIN A 60-DAY PERIOD OF CERTAIN BUSINESS ESTABLISHMENTS INCLUDING ARMED ROBBERY OF PATRONS IN THE LITTLE HAITI AREA. 03-0310 -email.pdf Direction to the City Manager: by Vice Chairman Teele to provide a report in 60 days in connection with code enforcement of current violations by individuals using the public right-of- way in the Little Haiti area for car repairs and the like. Chairman Winton: Could we get the Chief now on -- what was that? Commissioner Sanchez: I think the Chief is outside. Vice Chairman Teele: D1.5. Chairman Winton: D1.5. Vice Chairman Teele: From his photo op. Chairman Winton: Yeah. Vice Chairman Teele: Lieutenant, are you here from the NET (Neighborhood Enhancement Team)? Commissioner Sanchez: Yeah. Vice Chairman Teele: Are you with the Chief? Mr. Chairman, I placed this item on the agenda at the request of the business. I asked that the Chief or his designee be present. We have a business that has been robbed three times, I believe, within a 90-day period. It's a British business in the heart of Little Haiti, so what we're trying to do is work to secure the area and revitalize the neighborhood. Can you all give us a little bit of report on how we're going to get control over this situation? Deputy Chief Gerald Darling: Yes, Commissioner. As you all are aware, we did have a rash of robberies in the Little Haiti area, and the business you spoke about, Church Hills, was robbed three times; two of those incidents happened during the FTAA (Free Trade Area of the Americas) Conference. We had a skeleton crew of investigators investigating the robberies in that area. It was particularly the Homicide Unit. They were responsible for investigating crimes throughout the entire City. What happened was, they investigated -- as a matter of fact, during one of the nights of the robbery, we had a surveillance on Church Hills, in the area of Church Hills, and a robbery happened in that area. Once FTAA was over, another robbery had occurred, and the investigator went to investigate it, and he wasn't aware of the previous robberies because we were just getting back to our shifts in FTAA. Since then, we've arrested an offender in that incident, who was responsible -- we feel is responsible for a rash of robberies in the Little Haiti area. City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Vice Chairman Teele: You think he was responsible for all three of the robberies? Deputy Chief Darling: Yes, we do. The MO (Modus Operandi) he was using was a .22 rifle in the robberies. The robbery he was arrested with prior to that -- after that, he used a silver handgun and he was arrested, so we feel we have the person responsible. We still have the strategies in place to deal with the robberies in the area, and since that arrest, we haven't had any in and around the Church Hill pub area. The offender is in custody, and he was shot by a person he did try to rob. Vice Chairman Teele: Well, I mean, I just think that, you know, particularly when you have businesses that bring their own clientele into a neighborhood that's pre promoting diversity and all of that, we really have an obligation to try to make all of our neighborhoods secure, but I'm very concerned about that, and also I think the area is certainly poised for redevelopment and growth, and I would just appreciate any support you could give us along that 2nd Avenue corridor from the Design District all the way up to the El Portal City limits, up at about 84th. I think 2nd -- Northeast 2nd Avenue and Miami Avenue are going to be high growth areas, and we really would like to get support. Deputy Chief Darling: Yes. We have quite a few proactive initiatives in that area that you're going to see, and it's going to be a big help, as far as dealing with the robberies and the narcotics activity in that area. Vice Chairman Teele: A final question -- statement, and this is related to NET, Madam Manager, and the Police Department. It seems to me that there -- you know, even though the previous Manager promised and the current Manager has promised, I have seen no substantial improvement in Code enforcement as it relates to those things particularly in the public right-of- way, and, you know, that's a combination of NET, Public Works and Police, but we've got to reduce the number of people that are using the public right-of-way for car repairs, and engine changes, and transmission changes, and you know what's particularly galling is areas that we have identified for acquisition of land for the Little Haiti Park, we're -- we, on the other hand, are encouraging the businesses not to move by giving them the public right-of-way to operate their businesses. I mean, it's -- only government would do something that ridiculous. I mean, on one hand we're trying to buy land and, on the other hand, we're cooperating with them in their illegal activities around the land, and I -- Has there been any meetings with NET and scene maybe the Manager on Code enforcement in the public right-of-way? Because that's a police function, ultimately, when you're in the public right-of-way, the streets. You all are responsible for the streets, right? Deputy Chief Darling: Yes. Vice Chairman Teele: Has there been any discussion on that with you all with the Mr. Manager? Alicia Cuervo Schreiber (Chief of Neighborhood Services): Commissioner, good morning. We have had several quality of life task force meetings, where the team has gotten together and focused on distinct areas and how they're going to tackle them, and the police has been present, and so has the NET, and so has Code enforcement, and they have begun strategic Code enforcement initiatives. Vice Chairman Teele: Well, I would really like to see where we are in 60 days or so with Code enforcement in the public right-of-way, in the areas associated with the Little Haiti Park, where, in effect, we're basically subsidizing businesses to operate businesses illegally by allowing them to use the right-of-way, and at the same time we're negotiating for the land, and, again, I don't want to get into focusing on any particular person or individual, but do think we have to get City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 control of our public right-of-ways, and every time I drive by some of these areas, there's more car repairs going on in the streets, and Little Haiti, in many ways, is looking more and more like big Haiti, so -- Chairman Winton: Could y'all bring us a report back in, say 60 days and kind of let us know where you are? OK. Deputy Chief Darling: Absolutely. Chairman Winton: Thank you. Vice Chairman Teele: Thank you, Mr. Chairman. Deputy Chief Frank Fernandez: Commissioner, ifI may just add -- one more moment, please. Chairman Winton: Yes, sir. Deputy Chief Fernandez: Again, Deputy Chief Fernandez, Miami Police. Commissioner Teele, just to add a couple of things about Little Haiti. We have added three additional officers to our Problem Solving Team over there to address these proactive issues of robberies, things of that nature. And, also, just to add another note, how proactive we are, we did make an apprehension of that serial rapist that was causing those problems in the County, and that was done by our officers, actually in the Upper Eastside and Little Haiti also. Vice Chairman Teele: Great. Deputy Chief Fernandez: We're taking a lot of proactive moves (UNINTELLIGIBLE). Vice Chairman Teele: Good work. Thank you very much. Deputy Chief Fernandez: Thank you, sir. Chairman Winton: Oh, good. D5.2 03-0326 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING AND RATIFYING THE CRA BOARD'S ACTIONS RELATIVE TO THE HISTORIC LYRIC THEATER AND DIRECTING THE CITY MANAGER TO EXPEDITIOUSLY PROCEED WITH ALL ACTIONS NECESSARY TO FORMALLY VACATE THE ALLEYWAY BEHIND THE LYRIC THEATER, LOCATED AT 819 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, AND TO CARRY FORTH ALL ACTIONS NECESSARY TO TRANSFER SAID PROPERTY TO THE BLACK ARCHIVES PURSUANT TO SAID CRA INTENT, PENDING A FINAL DECISION BY THE CITY COMMISSION. 03-0326- cover memo.pdf Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Regalado, Teele and Winton Absent: 2 - Commissioner Gonzalez and Sanchez City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 R-03-1243 Chairman Winton: OK Lyric Theater, Commissioner Teele. Vice Chairman Teele: Mr. Chairman, I would move the item relating to the platting, as contained in the resolution. So moved. Chairman Winton: We need a second. Commissioner Sanchez or -- Commissioner Sanchez: Second. Chairman Winton: Second. Discussion? Being none -- Vice Chairman Teele: Mr. Chairman, on discussion. Is the Public Works Director here or somebody from -- look, this item has bounced around and bounced around the City between the City and the CRA (Community Redevelopment Agency) and candidly, we took the final action on this, I thought, in September. Now, someone is saying, but they never told the Commission. They never told us. They told the Lyric Theater, well, the Commission hasn't acted, only the CRA acted, and this is on a vacation of an alleyway, so that they can complete components of the Lyric Theater, and, again, I would just appreciate if the staff if you all would let us know if something needs to be done, or at least give us the option before you have people like Dr. Fields and others coming down feeling like there's something amiss, and I just think it's obviously an administrative glitch. It's an alleyway that is not used. It's been vacated, but to do the plat, it's got to be formally done, and I would really appeal to the Manager to work with the Public Works Department on these vacations, et cetera, because we're having a lot of issues associated with that. We discussed it this morning in Commissioner Gonzalez' district. Thank you, Mr. Chairman. Chairman Winton: Did we vote? Vice Chairman Teele: No. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 PUBLIC HEARING PH.1 03-0038 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 03-856, ADOPTED JULY 24, 2003, AND SUBSTITUTING THIS RESOLUTION FOR IT; ACCEPTING THE PLAT ENTITLED "TACOLCY SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO SATISFACTION OF ALL THE CONDITIONS OF THE PLAT AND STREET COMMITTEE AND THE PROVISIONS CONTAINED IN CITY CODE SECTION 55-8, AND ACCEPTING 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. 03-0038- cover memo.pdf 03-0038- budgetary impact analysis.pdf 03-0038- public notice memo.pdf 03-0038- public notice .pdf 03-0038- public notice memo-NET.pdf 03-0038- public notice-NET.pdf 03-0038-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-03-1228 Chairman Winton: I want to go to PH.1, the first public hearing item, Tacolcy Subdivision Plat. We'll come back and do our Commission items. Vice Chairman Teele: So move, Mr. Chairman. Chairman Winton: Hopefully. Got a motion and a second. Discussion? Commissioner Regalado: Second. Chairman Winton: Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 3:00 P.M. PH.2 03-0285 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 AMOUNT OF $178,513, IN THE CATEGORY OF ECONOMIC DEVELOPMENT, FROM DISTRICT 1 RESERVE FUND AND CDBG FUNDS, IN THE AMOUNT OF $130,000, FROM DISTRICT 3 RESERVE FUND, TO THE AGENCIES AND IN THE AMOUNTS SPECIFIED ON THE LIST, ATTACHED AND INCORPORATED, FOR THE ACTIVITIES SPECIFIED; AND AUTHORIZING THE ALLOCATION OF CDBG FUNDS, IN THE TOTAL AMOUNT OF $811,980, FROM PROGRAM INCOME REPORTED THROUGH SEPTEMBER 30, 2003, IN THE AMOUNTS AND FOR THE ACTIVITIES SPECIFIED ON THE ATTACHED LIST; AND AUTHORIZING THE ALLOCATION OF 28TH YEAR CDBG FUNDS, IN THE AMOUNT OF $ 25,050, FROM THE 28th YEAR RESERVE FUND TO THE THEODORE ROOSEVELT GIBSON MEMORIAL FUND, INCORPORATED / THELMA GIBSON HEALTH INITIATIVE; AND AUTHORIZING THE ALLOCATION OF FUTURE CDBG FUNDS FROM PROGRAM INCOME TO THE SINGLE FAMILY PROGRAMS ON A QUARTERLY BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS OR AMEND EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH EACH AGENCY, FOR SAID PURPOSES. 03-0285- cover memo.pdf 03-0285- advertizement.pdf 03-0285-exihibitl- Eco. Dev. reserve fund.pdf 03-0285-exihibit 2- previous legislation.pdf 03-0285-exihibit 3- previous attachment.pdf 03-0285-exihibit 4- agreement.pdf 03-0285-exihibit 4- agreement contd.pdf 03-0285-exihibit 4- agreement contd. 2.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-03-1245 Services by a sign interpreter were provided during this item. Vice Chairman Teele moved the item with the exception of the issues relating to Manuel Artime Community Center. Direction to the City Manager: by Commissioner Sanchez to have the Director of Community Development provide him with a list of CDBG funds allocated to District 3 from 26th, 27th and 28th year allocations. A motion was made by Vice Chairman Teele, seconded by Commissioner Sanchez, and unanimously passed by the Commission, to defer consideration of proposed waiver of rent for a period of one year to social service agencies; further directing the Manager to determine which of the social service agencies, which are requesting a waiver of rent, have proof that they are providing in effect the services that they claim. Barbara Rodriguez (Director, Community Development): PH.2. Chairman Winton: PH.2. City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Ms. Rodriguez: PH.2 is basically allocating the reserve fund from District 1, a hundred and seventy-eight thousand, five hundred and thirteen dollars to individual agencies. In District 1 is allocating sixty three thousand, five hundred and thirteen dollars to Allapattah business development authority; seventy thousand dollars to Allapattah Wynwood community; twenty-five thousand dollars to Assistance to the Elderly, and twenty thousand dollars to Allapattah Community Action. It also is taking away a hundred and ten thousand dollars -- a hundred and ten thousand, zero forty-one from District 3 reserve account, and funding Little Havana Activity and Nutritional Center for forty thousand dollars; Latin Quarter Culture Center, forty thousand dollars; Sisters and Brothers Forever; Catholic Charities, thirty-five thousand dollars; Centro Hater Childcare Center. We're also allocating twenty-five thousand, zero fifty to District 2, Theodore Roosevelt Gibson. As part of this resolution, it also includes that on September 25th, the City Commission directed the administration to work with the tenants ofManuelArtime. We have thirteen nonprofit agencies that are housed in Manuel Artime. The instruction from this City Commission was for Department of Community Development to work with them, and to decide or recommend who should have a one-year rent moratorium. The Department of Community Development met with all of the tenants ofManuel Artime on October the 7th, and is recommending the following agencies: Accion Community Center, Catholic Charities Counseling Program, Catholic Charities Daycare Program, Catholic Charities Elderly Childhood Program -- Chairman Winton: Early Childhood. Ms. Rodriguez: Jose (UNINTELLIGIBLE) Kidney Foundation, and the Lions Home for the Blind. However, there are seven agencies that are housed in the Manuel Artime, Art and Deco Production, Inc., Camille Merilus Foundation, Cuban Pharmaceutical Association in Exile, ( UNINTELLIGIBLE) Manuel Artime, Miami Hispanic Ballet Corporation, the National Journalist Association of Cuba in Exile. Spanish American League Against Discrimination, the Department of Community Development is not recommending them for the one-year moratorium on rent. Commissioner Regalado: And what is that? Ms. Rodriguez: When we met with all of the tenants on October 7th, there were -- the following criteria were looked at: Number one, were they currently receiving Community Development Block Grant fund;; positive impact of services provided in the community; negative impact of the reduction of CDBG (Community Development Block Grant) funding, and were they current in their rent up to September 30, and did they have a budget problem? And based on that, these seven agencies were not recommended for one of those problems. The other six agencies were. Commissioner Regalado: Barbara, for instance, most of these agencies were denied funds to begin with. Chairman Winton: Were what? Commissioner Regalado: Denied funds on the process. Second, they don't have the money, so they don't have the money, they're not current on their rent. I think that what could be a very nice gesture of the City ofMiami fighting for the -- all the agencies that take care of the poor people of the City could become a public relations nightmare, if we don't do this like a playing level field. I would recommend to this City Commission to waive all fees for this year, to all of these agencies. Every agency housed in the Artime, who deals with people that has programs, free programs for poor people in the area, at least for this year, until they get the things in order, we should waive it, because that is the only way to show that, you know -- if the federal government doesn't do it, we are going to fry to do something to rescue, but imagine this man, Camille Merilus -- City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Ms. Rodriguez: Merilus. Commissioner Regalado: Well, you know, imagine a blind person, a Haitian that is trying to help his people in an office in Little Havana, it's tough. It's very tough, and we have to give him a hand. We have to give them a hand, and I would move the resolution, Mr. Chairman, with the amendment that every agency that deals with community programs serve the people would have their rent waived for a year, until we figure out what they're going to do. Chairman Winton: We have a motion. Do we have a second? Vice Chairman Teele: Second for discussion. Commissioner Sanchez: Second for the purpose of discussion. Vice Chairman Teele: We need to have a public hearing. I think we should have the public hearing before we really get into -- Chairman Winton: Good point. Vice Chairman Teele: -- the debate on this. In that way -- Chairman Winton: Fine. Good point. Vice Chairman Teele: -- we could hear -- Chairman Winton: PH.2, Barbara. Ms. Rodriguez: PH.2. Chairman Winton: PH.2, it is a public hearing. Anyone from the public would like to speak on PH.2? Anyone from the public on PH.2? If not, we'll close the public hearing. Discussion. Commissioner Sanchez. Commissioner Sanchez: On this issue, and I think we have to be fair. I tend to agree with you that we need to assist all these organizations, but on September the 25th, we asked the adminisfration to sit down with these organizations and try to assist them and work out a type of deal with them where we could assist them. A lot of these organizations failed to provide the necessary documents for the assistance. Now, when you fry to help someone who doesn't want to participate and be supportive on the documents that are required -- and, you know, we need -- at times I criticize the administration on the issue, but, I mean, these organizations and some of them have really not been cooperative to provide the documents to see who needs help and who doesn't need help. You know, what do you do? I look at the letter that I have here that was sent by Barbara Rodriguez, the Director of Community Development, and the organizations that provided the documents that were required by CDBG -- and I mean, there has to be a process. I mean, we've been more than nice to Mr. Camille, who's always come in front of this Commission, and we have given him just about everything that he wants, but to be honest with you, I think he needs to provide documentation of what type of service he is providing for our community. You know, if they are performing and doing what they are supposed to, I will continue to support them, but if they don't sit down with the adminisfration and show what they are doing -- it's nice to have an organization and not do anything and continue to get free rent and all types of assistance, then I'm a little hesitant to say, hey, you know, let's help them. They need to show what they're doing. Are they providing the service that they're saying that they're providing? What justification and what documents do they have to show that they're doing exactly what they need to be doing? Because I'll tell you this much: If you're not providing a service, this City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner is not going to give you a waiver of rent or continue to give you something when you're not giving us nothing in return, so when we ask the administration to go and sit down with them, what did you do, Executive Director? Ms. Rodriguez: We -- first, we had a meeting on October the 7th at Manuel Artime itself. We met with them. We told them we wanted to see a budget. We wanted to see a work program to see what they were doing, and third of all, we wanted to see can they not pay the rent. Commissioner Sanchez: Well, let me stop you there. Did Art and Decore Productions provide you all the necessary documents? Ms. Rodriguez: No. Commissioner Sanchez: Did Camille Sulette Merilus Foundation for Haiti Development, Inc. provide you with all the document? Ms. Rodriguez: No. Commissioner Sanchez: Did Cuban Pharmaceutical Association in Exile, Inc. provide you with all the documents? Ms. Rodriguez: No. Commissioner Sanchez: So, in other words, all these organizations here did not provide you with the documents? Ms. Rodriguez: They did not meet the criteria that we set forth, and the criteria was that you needed to have a shortfall, you needed to prove what you were doing, you needed to bring a budget. You know, they were things that had to happen. We had to have an even ground field to select. They all do claim that they do serve the area. We personally don't have any dealings through Community Development with none of these agencies. We don't have a track record. Commissioner Sanchez: Are they showing you proper documentation of the services that they are providing -- Ms. Rodriguez: No. Commissioner Sanchez: -- or they say they're providing? Ms. Rodriguez: No. They just -- basically, some will write a letter saying, we do things in the community. Commissioner Sanchez: So, once again, I don't want to be the skunk in the family picnic here, butl think that we have a responsibility, and I think we've bent over backwards for all these organizations. It's not the first time that we've waived their rent. It's not the first time that we provided -- with assistance that they have provided, but it's got to get to a point where if you don't produce what you're saying that you're producing, I mean, we need to either stop you dead on your frack and get you back on track, but we're certainly not going to do it by continuing to provide them now a free waiver for another year. They're just going to have office space for another year, and I'll tell you this much. There are plenty organizations in this community, social services, that are providing a service to our community. Maybe we should consider about moving them into the Artime Center so they can continue to provide that service. I mean, we've got to draw the line in the sand somewhere. Once again, I don't want to be the skunk at the family picnic. City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Vice Chairman Teele: How much money are we talking about? Ms. Rodriguez: If we funded the 13, you're talking about a hundred thousand dollars. Commissioner Regalado: CDBG money. Ms. Rodriguez: The department of Community Development is not waiving the rent or paying the rent. It is not an allowable activity right now. What we're doing is -- Commissioner Regalado: It's substituting it. It's substituting the budget. Ms. Rodriguez: Correct. -- giving a hundred thousand dollars to Manuel Artime for other things to be done to the building, such as windows -- Commissioner Regalado: No, no, but he's asking, the ones that are not -- Vice Chairman Teele: The ones that are in question, we're talking about a hundred thousand dollars? Commissioner Regalado: How much money? Ms. Rodriguez: No, I couldn't tell you the ones in question. Commissioner Regalado: No. A hundred thousand dollars are -- Ms. Rodriguez: Is for everybody. Commissioner Regalado: -- all of the agencies now. Ms. Rodriguez: It's for the 13 agencies. Commissioner Regalado: That are being waived. Ms. Rodriguez: Correct. Commissioner Regalado: Now, so we have -- so, it's very clear to us. We approved what you recommended, but at the same time, we passed a resolution to get the Sheriffs Department to evict those who are not paying rent by force. Ms. Rodriguez: The only one that you do have a problem with back rent, even prior to October 1 st, is Camille Merilus. He does owe back rent. Vice Chairman Teele: How much, about? Ms. Rodriguez: It was around -- the last time that we checked on it, it was approximately six thousand dollars, butl don't know what it is right now. Commissioner Regalado: See. It's very easy. If you don't pay rent, according to the criteria, you've got to be evicted, so this is the public relations nightmare that was talking to you. Chairman Winton: Actually, I guess I see this issue differently than the rest of you, because I think it's awful policy to establish to start waiving rent for tenants in City buildings. I can't support that. I think it takes us down a slippery slope that opens us up to waiving rent for all kinds of things down the road, and I just can't support that, so -- City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Regalado: No, but -- Chairman Winton: -- I'm not going to be voting in support of waiving rent for any of these agencies. Commissioner Sanchez: Especially when -- Vice Chairman Teele: For any of them. Chairman Winton: Any -- any of them. Commissioner Sanchez: Especially when -- well, especially the ones that can't show that they are performing the services that they're saying that they're providing. Chairman Winton: Even the ones that do, I'm not going to vote for, because just by the luck of the draw that they happen to be a tenant in our building, you know, the next thing you're going to know, they're going to be coming to us saying, well, why don't you help me with my rent in this building that isn't a City building, and it can go just on, and on, and on. I just -- I'm not -- I can't support waiving anybody's rent. Vice Chairman Teele: Point of clarification, Mr. Chairman. Madam Director, what is the resolution -- what is the item before us? That's just one component of it, right? Ms. Rodriguez: The resolution basically is allocating a hundred thousand dollars to Manuel Artime -- Vice Chairman Teele: Is that the total resolution that's before us? Ms. Rodriguez: Well, no. You have District I reserve money -- Vice Chairman Teele: If you will -- I'll move approval of the item that is before us, with the exception of the issues relating to the Marti -- Ms. Rodriguez: Manuel Artime Theater. Vice Chairman Teele: The Manuel Artime Theater. Ms. Rodriguez: Fine. Vice Chairman Teele: I'm moving approval of that. At least there seems to be unanimity in the whole thing. Ms. Rodriguez: OK Commissioner Sanchez: Well, let me get to my district reserve. Did we make the amendment? Ms. Rodriguez: The issue with your amendment was that the one of Theodore Gibson is not taking -- it doesn't say District 3 reserve, and when we talked to Teresita yesterday was that District 3 -- and I'll put it on the record -- has a hundred and ten thousand, zero forty-one in that resolution, plus it also have twenty-five thousand, zero fifty from the 28th year. That means that you have a still a reserve of a hundred and thirty-five thousand dollars left to be allocated. Yes. Commissioner Sanchez: And I'll tell you what, I'm going to have -- this is FY-28, right? Ms. Rodriguez: Which one? City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Sanchez: This year. Ms. Rodriguez: The hundred and ten thousand, zero forty-one is 29th year. Commissioner Sanchez: 29th. Ms. Rodriguez: Twenty-five thousand, zero fifty is from the 28th year that you still have. Commissioner Sanchez: I would like you to provide me with a list from 26th, 27th and 28th -- Ms. Rodriguez: OK Commissioner Sanchez: -- the funds that have been allocated from my district, allocated an executed. In other words, given out. Ms. Rodriguez: OK, 26th, 27th and 28th? Commissioner Sanchez: Yes. Ms. Rodriguez: It will. Chairman Winton: We have a motion from Commissioner Teele. Commissioner Regalado: Johnny, can I -- Mr. Chairman. Commissioner Gonzalez: I second. Chairman Winton: Second. OK. Yes, sir. Commissioner Regalado: I just want to say, I think that the concept here is that this is not a movement to waive rents. This originated to supplement the funds that were not provided to these Social Service agencies, and what happened was that most of these people got less. Had they had to pay for the rent, they would have had to cut in services to like Catholic Charities. They would have to cut about 10 to 15 children from -- if they have to pay the rent, so that's the story. This is not a move -- Chairman Winton: But the problem is -- Commissioner Regalado: No. I know it's not -- Vice Chairman Teele: But it's not in my motion, and it's not -- Chairman Winton: Right. Commissioner Regalado: No, but I'm just saying -- Chairman Winton: I understand your point clearly. Commissioner Regalado: I'm just saying -- Commissioner Sanchez: It's not in the motion that's in front of us. Commissioner Regalado: -- that this is -- City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Vice Chairman Teele: That's going to go on all day. Commissioner Regalado: -- not a waiver of rent to establish a precedent. This is a one-year, one-time that the CD (Community Development) Director used imagination, and she said how can we help? Well, you know, we can substitute the money that they use for capital improvement with CD money and they can defer payment for one year. Chairman Winton: The -- but the motion on the floor -- Commissioner Regalado: No, I understand that. Chairman Winton: And, so, I want to get that motion voted on, and then we're going to come back to the -- so, we have a motion and a second on PH.2, except that it pulls out the whole discussion on Jose Marti. Ms. Rodriguez: Manuel Artime. Vice Chairman Teele: On Manuel -- Chairman Winton: Manuel Artime. Vice Chairman Teele: ManuelArtime. Chairman Winton: Yeah. Any further discussion? Being none, all in -- Commissioner Gonzalez: I just want to -- Chairman Winton: Oh, yes, sir. I'm sorry. Commissioner Gonzalez: I just want to add one small point, and I am a sfrong supporter of not - for -profit organizations, because I come from a not -for -profit organization, but the fruth of the matter is -- Commissioner Sanchez: You've got to produce. Commissioner Gonzalez: -- that you take, for example, Allapattah Business Development, you take SBOC (Small Business Opportunity Center), you take Downtown Development Corporation, you take all of these agencies, which are not -for -profit organizations, and they give funding by the City ofMiami and they have to have a fiscal responsibility every quarter, we have a monitor in the office. We have to have our accounting up-to-date. We have to pay our bills, and the City assigned "X" amount of money to these organizations, then you've got to pay your rent, and you've got to pay your telephone, and you've got to pay your bills, and you've got to pay your taxes, and you've got to pay your accountant, and you've got to pay -- and on top of that, and on top of that, you're required to produce "X" amount of houses, "X" amount of facades, "X" amount of technical assistance, so you had -- you've got to be productive and at the same time, you've got to be accountable for the money that you're getting, so, you know -- and you cannot take the attitude of saying -- ignore your letters or ignore your requests, that is something that you cannot do. It's not fiscally responsible, and I don't think it should be acceptable. I mean, the least you can sit down with the Director and if you have a problem, say I have this problem, I need help, please help me somehow, you know, but -- and like I say, I'm a sfrong supporter of not -for-profit organizations, because I spent 14 years of my life working for one organization, but -- Chairman Winton: So, let's get the vote on the one motion, because we're going to come back to this. City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Gonzalez: Yes, sir. Chairman Winton: No further discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: Hold on. Chairman Winton: Now -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir Vice Chairman Teele: I'm going to be -- I am not going to let anybody be the skunk at the family picnic. Today is December 18th. Ms. Rodriguez: 18th. Vice Chairman Teele: Who wants to vote to put somebody out of their office five, six, seven days before Christmas? Commissioner Gonzalez: I'll bet you, nobody. Vice Chairman Teele: This matter can be deferred for one meeting and we can have the hard and bitter discussion, but don't think we're sending the right signal. Commissioner Sanchez: No. Chairman Winton: Fine with me. Commissioner Sanchez: Commissioner Teele, do you yield? Vice Chairman Teele: Yeah. Commissioner Sanchez: I tend to agree with you, but think we'll be sending the right signal today. When these organizations that failed to meet with the director to provide those documents, now they're going to go "this is for real," OK. Vice Chairman Teele: But can I tell you something? There's a double message in what I'm trying to do, because if we take this up on January 8th and they still haven't provided it -- Chairman Winton: Right. Vice Chairman Teele: -- it's going to be a different issue, Tomas. I mean, ifI were forced to vote today, I would vote to give them a year, but by voting to defer this, I'm literally voting for them to comply before January the 8th. Chairman Winton: And then I'm still going to vote "no." Commissioner Sanchez: And I don't have a problem with that. Vice Chairman Teele: And then you're still going to vote "no"? City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: I'm still -- I'm not going to vote to give people free rent. Commissioner Gonzalez: Let me tell you. Now that you -- I remember world of mission, I remember Ralph Packingham running back and forth trying to comply with the County request and with the City request to keep his books in order. You know, so, everybody has to abide by the rules. Chairman Winton: So, the motion is to defer this to January 8th. We need a second? Commissioner Sanchez: Second. Chairman Winton: Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Commissioner Regalado: Just a question. Chairman Winton: Yes, sir. Commissioner Regalado: I think the criteria should be not about if they got or didn't get funding from CD, but if they do something with the community, if they are able to show you the papers that they do something regarding the community, that is the criteria, because like one of those may not have funding from CD. Ms. Rodriguez: Yeah, none of those have funding from CD. Commissioner Regalado: See, that's my point, so the criteria doesn't apply to them. Ms. Rodriguez: Right. OK. Chairman Winton: OK PH.3 03-0286 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF FISCAL YEAR 2003-2004 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $250,000, FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF COMMUNITY DEVELOPMENT/EMERGENCY PROGRAM, AND ALLOCATING FUNDS, IN THE AMOUNT OF $100,000, TO MOVERS, INC., FOR THE OPERATION AND MAINTENANCE OF THE LIFE QUEST FACILITIES, LOCATED AT 1301 NORTHEAST 111TH STREET, 11115 NORTHEAST 13TH AVENUE, 1075 NORTHEAST 149TH STREET, 1095-97 NORTHEAST 149TH STREET AND 14950-52 NORTHEAST 11TH AVENUE, MIAMI, FLORIDA, FOR THE PERIOD BEGINNING JANUARY 1, 2004 THROUGH SEPTEMBER 30, 2004, TO BE OCCUPIED BY LOW- INCOME PERSONS WITH AIDS REFERRED BY THE CITY; AND ALLOCATING FUNDS, IN THE AMOUNT OF $150,000, FOR CONSTRUCTION REHABILITATION OF THE LIFE QUEST FACILITIES, CONTINGENT UPON APPROVAL OF THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A HOPWA AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSES. City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 03-0286- cover memo.pdf 03-0286- advertizement.pdf 03-0286-exhibit 1- previous legislation.pdf 03-0286-exhibit 2- previous attachments.pdf 03-0286-exhibit 3- agreement.pdf Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Regalado, Teele and Winton Absent: 2 - Commissioner Gonzalez and Sanchez R-03-1244 Services of sign interpreter provided during this item. Vice Chairman Teele: Mr. Chairman, the time is 3 p.m., And there are a number of people that have come for the Community Development item, and I would -- I see the presence of the distinguished pastor ofMount Tabor and also very much with MOVERS (Minority Overcoming the Virus Through Education, Responsibility and Spirituality), and I would ask that we be able to take this item up and hear discussion. Chairman Winton: Which item? Barbara Rodriguez (Director, Community Development): PH 3 will be -- Chairman Winton: Oh, OK. Vice Chairman Teele: Public hearing -- was a public hearing set for 3 p.m. Ms. Rodriguez: Right. Chairman Winton: PH 3. Ms. Rodriguez: OK Barbara Rodriguez, Department of Community Development. What PH 3 does is basically, we went out for a Request For Proposal on October the 10th, and it's based on seven buildings, 18 units that the City help construct in 1993. It's been run by the Public Health Trust, and is being run right now by them. They did mention to the City that they do not have an intent to continue a contract with the City after December 31 st. We put out the Request For Proposal. Two companies bid for it. We have selected the company MOVERS to take over the property, to manage the property. We are also deobligating two hundred and fifty thousand dollars from the City ofMiami Department of Community Development Emergency Program, allocating at a hundred thousand dollars for operation and maintenance, a hundred and fifty thousand dollars for rehab work. I would also like to amend the resolution to also say that to give us permission to transfer the property from Locktown to MOVERS, instead of having the property come to us and then us having to transfer it to MOVERS, and that's basically what it is, and it's a public hearing. Chairman Winton: This is a public hearing. Anyone from the public would like to speak on PH. 3? Anyone from the public would like to speak on PH3? If not, we'll close the public hearing. Vice Chairman Teele: I would move the item, as amended, Mr. Chairman. Chairman Winton: We have a motion. Need a second, Commissioner Regalado. Commissioner Regalado: Second. City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Have a motion and a second. Any further discussion? Being none, all in favor, "aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 ORDINANCES - SECOND READING SR.1 03-0078 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BICYCLES" TO PROVIDE DEFINITIONS AND REGULATIONS FOR THE PROHIBITION OF THE OPERATION OF BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVISES ON THE SIDEWALKS OF SOUTHWEST 8TH STREET BETWEEN 4TH AVENUE AND TAMIAMI CANAL ROAD, MIAMI, FLORIDA; MORE PARTICULARLY BY AMENDING THE CHAPTER TITLE AND SECTIONS 8-1 AND 8-2, RENUMBERING SECTION 8-6 AS SECTION 8-7, AND ADDING NEW SECTION 8-6 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILLITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 03-0078 -cover memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12452 Direction to the City Manager: by Commissioner Sanchez to expedite the implementation of item SR.1. Chairman Winton: And PH.2 and 3 are scheduled for 3 o'clock, so we could go to second reading ordinances, which will be SR.1. Commissioner Gonzalez: Move SR.1. Chairman Winton: Got a motion. Commissioner Regalado: Second. Chairman Winton: And a second. Mr. City Attorney, would you read the ordinance on SR.1, 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. Commissioner Sanchez: Mr. City Manager, this takes effect 30 days from today. Could you expedite with the proper department to implement installing the appropriate signs on 8th Street as to the ordinance? Joe Arriola (City Manager): Yes, sir. I'll do it right away. City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 SR.2 03-0142 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 4/ CHAPTER 54, ARTICLE I/ CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS, PUBLIC WORKS DEPARTMENT/STREETS AND SIDEWALKS, IN GENERAL/SUBDIVISION REGULATIONS" TO PROVIDE AN ALTERNATIVE METHOD FOR PROPERTY OWNERS TO VACATE AND CLOSE ALLEYS WHICH ABUT ONLY RESIDENTIAL PARCELS OF LAND ZONED R-1 AND/OR R-2 AND ESTABLISHING FEES FOR SAID VACATIONS AND CLOSURES; MORE PARTICULARLY BY AMENDING SECTIONS 2-269, 54-4, AND 54-15; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0142 -cover memo.pdf 03-0142-legislation.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12453 Direction to the City Manager: by Commissioner Regalado to study the condition of alleys throughout the City and come back with a recommendation to resolve the current problem with trash and criminal activity in alleys. Chairman Winton: OK SR.2. Second reading ordnance on SR.2. Need a motion. Commissioner Gonzalez: Move it. Chairman Winton: Motion. Second? No second? Commissioner Regalado: Second. Chairman Winton: We got a motion and a second. Discussion? Commissioner Sanchez: Discussion. Chairman Winton: Yes, sir. Commissioner Sanchez: We need to be -- this is for point of clarification. I am in -- I'm in support. Now, we have to be very careful here, because we've looked at it and, basically, I think my district is the one that basically has a lot of the alleyways in our community, and if you look at the alleyways, a lot of people are in support, but we need to be very clear how we're going to be doing this. They need to know -- there's a lot of rumors out there, that we need to explain it very well to the homeowners how it's going to be done. One is, I believe that they will pay a fee to apply for the property, which is 50/50 from the back yards. They need to be very careful how City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 they -- you know, they need to know how they're going to be doing that. The other concern that I have is, this is going to open up a can of worms, and the can of worms is that a lot of the units that are illegal units in these alleyways, they're getting to those units through the alleyways, OK, and I can tell you from experience because we drive through those alleyways. They're of no use right now, and really, at the end of the day, I don't think it's fair, because we were applying the law to the residents to maintain the alleyways when they weren't going to be able to use it. In other words, they had to cut the grass, and they had to maintain it clean, or else they would be knocking on the doors by NET (Neighborhood Enhancement Team) Office and asking them to do it in that way, in that concept, but we need to be very clear, Mr. City Manager, that people are well educated on the issue. They know that -- the first year -- to my understanding, that there's a waiver the first year. I don't know. Is there? It's applied to them on the second year? Well, we need to state that on the record. There are people that are watching Net 9. This is something that we need to be very clear on, because it's going to create a big inconvenience for my office, as well as it's going to be a big inconvenience for the other Commissioners' office, so we need to state that on the record, OK. How is this process going to work? Alejandro Vilarello (City Attorney): An application will be submitted. The City will be accepting applications for the first 60 days. Commissioner Sanchez: Yeah, but that application is worth -- there's a cost to it. Mr. Vilarello: It's five hundred dollars. Commissioner Sanchez: Five hundred dollars, OK. Those are the things that we need to know here. Mr. Vilarello: And the City administration will take the next -- those applications in order and process them through a process, which provides notice to everybody along the affected alleyway. Those individuals will have an opportunity to object. The Plat and Street Committee will review and make comments, and all of that will go to the Zoning Board for review. The Zoning Board will make a decision as to whether or not to close the alley or to leave it open. Anyone who feels aggrieved would have the right to appeal to the City Commission. Essentially, the rest of the process, the administration will do all of the work for the applicant, instead of old replatting process, which was necessary to close an alley in the past. Joe Arriola (City Manager): IfI understand correctly, the old replatting process was like twenty -five hundred dollars, Commissioner. Commissioner Sanchez: How much? Mr. Arriola: About twenty-five hundred -- twenty-five to three thousand dollars. Commissioner Sanchez: So, you're looking to take over a small piece of property, really, to be honest with you. How is it going to benefit people? Well, if you need three more yards to be able to build a pool, then you go ahead and do it, but we're looking almost at three thousand dollars ($3, 000) right off the bat. Mr. Arriola: It used to be. It's going to be five hundred dollars now. Chairman Winton: Five hundred. Commissioner Sanchez: Yeah. Chairman Winton: It was three thousand. City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Sanchez: Yeah, two thousand five hundred for the platting. Commissioner Gonzalez: Let me tell you, it's going to benefit a lot of people that, right now, right now, they have a problem in code enforcement because they are encroaching on setbacks, and once they acquire these five feet, that will solve -- Commissioner Sanchez: But, listen -- Commissioner Gonzalez: -- that will solve their encroachment. Chairman Winton: For five hundred bucks. Commissioner Gonzalez: For five hundred bucks. Chairman Winton: Bargain. Commissioner Sanchez: I'm in favor of this. I'm in favor of this. Several -- about a year ago, there was a discussion item here pertaining on to how we could, you know, give them their land or give them that land when we were basically asking them to maintain it, and it really isn't -- there's no use to it. Commissioner Gonzalez: Right. Commissioner Sanchez: But the process here is that I want to make sure that it is something that's simple, where people would go through and it's not a nightmare, as it is to go to the Planning Department or get a permit and stuff. I mean, we don't need to create any more nightmares for our citizens. It's got to be something clean, easy and smooth. Alicia Cuervo Schreiber: Commissioner, Alicia Cuervo Schreiber, Chief of Operations. One of the reasons why we gave it the window that you see is to almost to test it out, to see how much burden it would put on staff to ensure that we can really meet that burden, and to make it simple for the constituents and that is why we have that window of days. Commissioner Sanchez: OK. Chairman Winton: OK Any other discussion? Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Let me tell you a story, a brief story. About several weeks ago, the President of Ecuador was in the City ofMiami. He was contacted -- Embassy to do interviews with two U.S. networks, and since he was in Miami, since the network contract a person in a place, the U.S. Secret Service took the President of Ecuador to an area in District 4. That is a house that is located on R-3, and behind the house, which is a studio, the TV (television) studio with an uplink because they are contractors for CNN (Cable News Network) and MSNBC. There is an alley and people dump a lot of things in the back of that house in the alley, so the Secret Service, when they got half an hour before the President was there, told these people, "Well, you know what? Who owns that car there?" And they say, "We don't know. It's an abandoned car." And they say, "You know what? The President is not getting down." Chairman Winton: He's not what? Commissioner Regalado: He's not getting down. We will not allow the President to get down City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 because that car may have explosives, and either you remove that car or -- so the people didn't know what to do, so here we have the President in a limousine. The Secret Service does not allow him to go down because, "Mr. President, there's an abandoned car here in Miami." That's the image that the President took back to Ito Ecuador, which I probably think they have abandoned cars there, but -- Chairman Winton: So, now we're going to fix that problem? Commissioner Regalado: Well, no, because it doesn't include R-3. Chairman Winton: Oh. Ms. Cuervo Schreiber: Commissioner -- Commissioner Regalado: And the people went to Public Works and they told them, "No way. There's no way." I think that we should say, you know, recommendation of the Public Works Director, or something like that, in cases like this. Chairman Winton: Why don'tyou-- after we deal with this issue, why don't you make a recommendation that they at least study the issue of R-3 and bring some -- because, again, you need to study it to make sure you understand what the repercussions are, so -- Commissioner Gonzalez: I happen to agree with Commissioner Regalado on the -- you know, the alleys situation in the City ofMiami is terrible. On commercial areas -- specifically, I'm going to talk about my area, in Allapattah. You have a lot of alleys that are behind commercial structures, and what you will find there, Johnny, is every two or three weeks, Solid Waste goes by . They clean the place up. They do everything to try to keep it up. Chairman Winton: And that's -- Commissioner Gonzalez: And, Johnny, every two or three weeks, it's piles and piles of garbage and trash, and in addition to that, whenever there is a raid, whenever someone does an assault and battery, whenever someone robs somebody, guess how they run away? By the alley, OK? By the alley. So, the alleys -- today -- to begin with, today, there is no use for the alleys because years and years and years ago, it was an easement that Solid Waste and other companies used to pick up garbage and to do -- now, they're not used. Chairman Winton: They're not used, at all. Commissioner Gonzalez: They're being used by the hoodlum, by the people that are dealing drugs, by the people that are, you know, committing robberies, and as a dumping site -- Chairman Winton: Yeah. Commissioner Gonzalez: -- that, eventually, we are the ones that pay to clean up the alleys. Chairman Winton: Alicia. Ms. Cuervo Schreiber: Commissioner, after the first reading, we did get some interest on properties that were on the fringe that would be considered R-3 that abutted R-1 s and R-2s. As a result of that, in working with Commissioner Regalado, we ask that this particular ordinance move forward on second reading; that we come back in January with an amendment that would allow us to -- at the discretion of the Public Works Director and the Planning Director, that they would explore properties that were on the fringe R-3s. The issue with R-3s came to light as it results that it could be multiple commercial and unit issues, and that you'd have to get sign -off City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 which would complicate the issue and not make it a simple process, but we shouldn't punish the people who are adjacent to those properties, as was the property that Commissioner Regalado brought up. Commissioner Gonzalez: Yeah, I agree with you, but what I'm trying to say is that, at least we should start planning and working on including the commercial -- Ms. Cuervo Schreiber: Yes. Chairman Winton: All alleys. Commissioner Gonzalez: -- areas, you know. Chairman Winton: You're saying all alleys. Let's look at all alleys. Commissioner Gonzalez: All alleys. You know, let's get it over because it's a nuisance. It's a problem. It's a constant problem with crime, with garbage, with everything. Chairman Winton: So y'all will look at that -- Ms. Cuervo Schreiber: We will bring that back. Chairman Winton: -- and come back on all alleys, not just the ones abutting that are R-3s. Let's look at all of them. OK. Commissioner Regalado: So -- one question. Meanwhile, what do we do with abandoned cars? Because it's going to come back and come back. No, they took it, but there is another one now there, so what do we do? Could we get a special permission to something, to fence the alley until the process -- Mr. Vilarello: Commissioner, I have suggested to the department another solution that's already contained within the Code that would solve the particular problem that you're describing. The Public Works Department needs to see whether or not it's applicable. I've forwarded a copy to Ms. Cuervo Schreiber, as well as to you. I believe that will solve the problem on that particular case, butl think we need to study the whole R.3 or commercial alleys and the abandonment of those. Commissioner Regalado: I'm just saying, look -- As a matter of fact, Chief Timoney has gone to that studio several times, every time, you know, and every time that they have somebody on a national network, they took them there. It's really gross to see furniture, and you have to see it because you have to go through it to see it. It's really bad, and -- I mean, it's about the image. It's nothing more. You know, it's -- I'm just talking of one place. I'm not talking about the whole City. I'm talking about one place that has this huge problem, so -- Chairman Winton: OK Any -- Commissioner Regalado: -- are we -- Ms. Cuervo Schreiber: We're in agreement. Chairman Winton: OK. Any further discussion? If not, would you read the ordinance, please? The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 A roll call was taken, the result ofwhich is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. SR.3 03-0160 ORDINANCE Second 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 Commissioner Gonzalez, 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 12454 Chairman Winton: SR.3, Second Reading. A grant. Need a motion. Commissioner Gonzalez: Move SR.3. Vice Chairman Teele: Second. Chairman Winton: Second. Discussion? 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 ofwhich is stated above. Priscilla A. Thompson (City Clerk): The Ordinance is adopted on Second Reading, 5/0. SR.4 03-0199 ORDINANCE Second Reading 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 EXTEND THE HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD BY LIQUOR PACKAGE STORES FROM 10 P.M. TO 12 MIDNIGHT; MORE PARTICULARLY BY AMENDING SECTION 4-3(a)(5) OF SAID CODE; CONTAINING A REPEALER City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0199 - cover memo.pdf Motion by Commissioner Gonzalez, 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 12455 Chairman Winton: SR.4 Commissioner Gonzalez: Move SR.4. Vice Chairman Teele: Second. Chairman Winton: Second. Discussion? Read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. Vice Chairman Teele: Discussion. Chairman Winton: Yes, sir. Vice Chairman Teele: Why are we doing this, Mr. Manager? Commissioner Gonzalez: Why are we doing this? Chairman Winton: Yes, on the -- extending the liquor -- Commissioner Gonzalez: OK. I was the one that requested this to be brought up to the City Commission, and the fact is that we have all of these convenience stores that are allowed to sell alcohol, wine and beer all day, all night long. On the other hand, the package stores, they were limited to sell until 10 p.m., and it was in a bad situation for the -- Vice Chairman Teele: They were limited to what? Commissioner Gonzalez: To sell alcohol. They could only sell until 10 p.m. They had to shut down at 10 p.m. Commissioner Sanchez: Limited. Commissioner Gonzalez: Meanwhile, you had all the other convenience stores selling all day and all night. So, when the police start doing the bar checks, they check three or four of these package stores and they close them down at 10 p.m., and they say, "Wait a minute. You're closing me down at 10 p.m. and this guy at the corner, he's open all night long," so, you know, they're paying more license, they're paying more fees, and we were limiting their business, so they asked me ifI could introduce a legislation that could allow them to sell until 12 midnight. Vice Chairman Teele: So, let me just understand this. Many of them were selling until 12 anyway -- Commissioner Gonzalez: Oh, yeah. City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Vice Chairman Teele: -- before? Commissioner Gonzalez: And 1 and 2. Commissioner Regalado: No, no. Chairman Winton: No, not the package stores. Commissioner Regalado: He's saying the 7-Eleven and the gas station. Vice Chairman Teele: Many of -- Were the package stores selling until midnight anyway? Commissioner Gonzalez: Some of them were until midnight. Chairman Winton: Oh, yes. Commissioner Gonzalez: But then, actually, they were illegal. Vice Chairman Teele: But they were legal businesses, but just selling beyond the legal time? Commissioner Gonzalez: Exactly. Unidentified Speaker: Correct. Vice Chairman Teele: Fine. Commissioner Gonzalez: Exactly. Vice Chairman Teele: I didn't know if it was an issue where like in your district, you're right next to Hialeah, say in some areas, and we heard two years ago, I think from the gas station people -- Commissioner Gonzalez: Remember? Vice Chairman Teele: Yeah. -- that on one side of the street, in Hialeah or unincorporated, they could do it to a certain time, and I just wanted to make sure that -- Commissioner Gonzalez: Yeah. Vice Chairman Teele: I just wanted to understand what the policy discussion was. Commissioner Gonzalez: And I thought -- When they called me, I argue with them because I thought that at that time that they came to the City Commission -- I was not a Commissioner at the time, but I remember exactly all the discussions -- that we had extended the hours for these package stores. Vice Chairman Teele: I thought that was the case. Commissioner Gonzalez: And that -- it was not. Vice Chairman Teele: But bars could stay open -- Commissioner Gonzalez: Oh, yeah, bars -- City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Vice Chairman Teele: -- and sell? Commissioner Gonzalez: Yeah, bars can stay open and sell. Package stores is, you know, it's take-out. You can go and buy a bottle of whiskey and take it home, you know, to a party or whatever. Vice Chairman Teele: Thank you. Thank you very much. Chairman Winton: Roll -- Read the ordinance, please. Or did you read the ordinance? Vice Chairman Teele: Yeah, ordinance was read. Chairman Winton: No? Vice Chairman Teele: Yes. Priscilla A. Thompson (City Clerk): It went with your first -- your mover, your seconder and then into discussion. Chairman Winton: Oh, OK. So -- Vice Chairman Teele: No. The ordinance was read. I commented right after he spoke. Chairman Winton: Did you read the ordinance? Read it again, then. What the heck. Commissioner Gonzalez: Read it again, just in case. The Ordinance was read by title into the public record by the City Attorney. Commissioner Sanchez: So, he reads it twice. Vice Chairman Teele: Huh? Commissioner Sanchez: So, he reads it twice. Mr. Vilarello: Yeah, I did read it before, I remember. Chairman Winton: Exactly. It sounds familiar to me now. Roll call, please. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 5/0. SR.5 03-0225 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "INVESTIGATIVE COSTS RECOVERY FUND" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, FOR THE OPERATION OF SAID FUND; AUTHORIZING THE CITY OF MIAMI DEPARTMENT OF POLICE, PURSUANT TO FLORIDA STATE STATUTE 938.27, TO ACCEPT JUDGMENTS AGAINST PERSONS CONVICTED IN CRIMINAL CASES AND TO DEPOSIT FUNDS INTO SAID SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE EXPENDITURE OF SAID FUNDS TO BE City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 USED BY THE ENVIRONMENT PROTECTION UNIT FOR TRAINING, EQUIPMENT, RENTALS, EMERGENCY CLEAN-UPS, SPECIAL OPERATIONS, OVERTIME AND ANY OTHER INVESTIGATIVE COSTS INCURRED DURING THE INVESTIGATION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0225 - cover memo.pdf 03-0225- FLa. statues.pdf 03-0225 - Fact Sheet.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 12456 Chairman Winton: SR.5. Need a motion. Commissioner Sanchez: So moved Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion? 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 has been adopted on second reading, 5/0. SR.6 03-0226 ORDINANCE Second Reading AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF FIXED OR VARIABLE RATE TAXABLE OR TAX-EXEMPT PARKING SYSTEM REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA, SERIES 2004 IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $45,000,000 FOR THE PURPOSE OF PAYING THE COSTS OF OR REIMBURSING THE DEPARTMENT FOR THE COSTS OF THE ACQUISITION AND CONSTRUCTION OF PUBLIC PARKING FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI; PROVIDING FOR THE PAYMENT OF SUCH BONDS AND THE INTEREST THEREON FROM CERTAIN REVENUES DERIVED BY THE DEPARTMENT OF OFF- STREET PARKING OF THE CITY FROM ITS PARKING SYSTEM AND OTHER AMOUNTS AS PROVIDED HEREIN; PROVIDING FOR CERTAIN TERMS AND PROVISIONS OF THE BONDS; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; ESTABLISHING CERTAIN FUNDS AND ACCOUNTS FOR THE 2004 BONDS; DELEGATING TO CERTAIN City ofAliami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 OFFICERS OF THE CITY AND THE DEPARTMENT AUTHORITY TO SELECT CERTAIN PROFESSIONALS TO APPROVE THE FORM OF AND TO EXECUTE AND DELIVER A BOND PURCHASE AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT, A BOND INSURANCE POLICY, A RESERVE PRODUCT, A LIQUIDITY FACILITY, THE OFFICIAL STATEMENT, A CONTINUING DISCLOSURE CERTIFICATE AND OTHER AGREEMENTS, DOCUMENTS AND CERTIFICATES RELATED TO THE 2004 BONDS; DELEGATING TO THE CHAIRMAN AUTHORITY TO OBTAIN BOND INSURANCE AND A RESERVE PRODUCT WITH RESPECT TO THE 2004 BONDS; AND PROVIDING AN EFFECTIVE DATE. 03-0226 - cover memo.pdf 03-0226 - ordinance table of contents.pdf 03-0226 -exhibit.pdf V2Complete Legislation 03-0226.doc Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12457 Direction to the City Manager: by Vice Chairman Teele to instruct the Off -Street Parking Department to conduct an area wide review of 20th Street corridor in Allapattah and develop a master plan for parking, similar to one prepared for West Coconut Grove area. Commissioner Sanchez stated that other areas, such as Little Havana, should be included in the master plan. Vice Chairman Teele further directed the Manager to provide a breakdown of occupational licenses by neighborhoods (downtown, Omni, Coconut Grove, Little Havana, Overtown, Allapattah, Model City). Chairman Winton: SR.6. Commissioner Gonzalez: Move SR.6. Chairman Winton: Second? Vice Chairman Teele: Second. Commissioner Regalado: Second. Chairman Winton: Second. Discussion? Read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Teele? Vice Chairman Teele: Did we have discussion on this? Chairman Winton: I called for it, but nobody said anything, but we can certainly have it now. Vice Chairman Teele: Commissioner Gonzalez, I have expressed to the Parking Authority a concern that they work with you and talk to you regarding the parking situation in Allapattah. City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 They have indicated to me that they have taken some of your considerations and concerns in this bond ordinance or bond -- I see the distinguished, but youthful Parking Director, with a good name. Are you satisfied with this, and that there is some considerations being given? Commissioner Gonzalez: Yes, Commissioner Teele, and thank you for your support on that issue, which is very, very important to my disfrict and your disfrict, and as a matter offact, I believe the entire City ofMiami is having a parking problem. Yes, they have met with Goodwill and finally, I believe that they -- according to the information that I have, they have come up with a deal, and hopefully, next year, they will begin construction of the parking structure in Allapattah. Vice Chairman Teele: Well, I would like to second a motion, if you would make it after this is considered, to instruct the Off -Street Parking to do an area -wide review of the Allapattah 20th Street Corridor to look at parking, very similar to what we did in the Coconut Grove area, where we asked -- and the West Grove, because, you know, the more I realize that Allapattah really could wind up being a major -- alternative to -- What's that place my wife made me go yesterday? Sawgrass Mill. I mean, you know, as strange as it may seem, people who come here from the Bahamas, where I have some knowledge of they go to Sawgrass and they go to Allapattah, as diverse as those things appear to be, and I think we're missing a real opportunity in promoting the Allapattah disfrict. I'm particularly amazed, Angel, at the number ofAsian- Americans that are in this area, Koreans, Vietnamese and even Chinese, and I think we ought to be conscious of that, as well, butt really do think that one of the areas that we need to get ahead of is parking, and I would support, if we asked -- Commissioner Gonzalez: Parking situation is increasingly going to be -- continue to be a problem, because 20th Street is completely saturated. I mean, you can't find an empty space on 20th Street. Vice Chairman Teele: You can't find an empty space. Commissioner Gonzalez: They're moving the -- as a matter offact, the Manager went with me to Allapattah and we walked some of the streets. Now the commercial corridor is moving -- is starting to move to 21 st Street, is completely occupied. Now, they're starting to go to 21 st Terrace, and eventually it's going to go up to 23rd Street. Seventeenth Avenue is completely rented, 22ndAvenue is completely occupied, you know, so, I mean, parking is going to be -- is going to continue to be a problem in Allapattah. Commissioner Sanchez: Yeah, but -- Vice Chairman Teele: And what I would like to do is just support a separate motion asking Off - Street Parking to come in with a master plan for the 20th Street Corridor, as a part of just -- We're giving -- we're approving -- how much is this we're approving for them to go out for bond? Commissioner Sanchez: Mr. Chairman. Chairman Winton: Hold up. Let -- There's a question, though. Vice Chairman Teele: How much is this, Art? Chairman Winton: How much? Art Noriega: It's up to forty-five million. Vice Chairman Teele: So, I mean, you know, put your issue on the table now, and I'd like to support that. City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Which I've made this point quite a few times. Just want to make sure I make it one more time. That two million that they put into our general fund needs to get out of our general fund next year, and needs to come back for this very same thing -- Commissioner Gonzalez: Right. Chairman Winton: -- because there's a lot of bonding capacities that -- Vice Chairman Teele: But, Mr. Chairman, with all due respect, I strongly support that, but I support that as being a special category within them exclusively for parking and joint development opportunities. Chairman Winton: I'm fine with that. Vice Chairman Teele: Yes. Chairman Winton: Yeah. I just want to get it back out of our general fund and make it go to parking in whatever way we want, so -- yes, sir. Commissioner -- I'm sorry. Commissioner Gonzalez: In addition, I would like to add that -- this is -- this was a fact that I knew about, and Commander de la Rosa surprised me when I first met with him, when they put him in Allapattah, and I started asking him questions ofAllapattah, and he told me, " Commissioner, I realize Allapattah is the second area on occupational license and tax base to the City." You know, first, it's your district, Johnny. Chairman Winton: Yeah. Commissioner Gonzalez: And then it's Allapattah, on the amount of businesses, you know, so -- and it continues to grow. It continues to grow. You know, every week you go by and you see another business coming in, so -- Chairman Winton: And we have to fuel that. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, although I realize that Allapattah has a parking problem and I personally experienced it several times visiting 20th Street to do some Christmas shopping there, let me just say that this is a citywide -- Commissioner Gonzalez: Citywide. Chairman Winton: Absolutely. Commissioner Sanchez: -- problem, and I've emphasized that in my district, in just about the last three Commission meetings, I, too, have a parking problem, and I'm for the bond, but I do support that, in that master plan, that you look at areas that in the past have been left out of the parking process, because they were not profitable, so I want to make that very clear, Art. You know that when we spoke about this in the plan, I emphasized that Little Havana is in dire need of parking, just like other places in the area, but at the end of the day, Little Havana and Allapattah have been left out of that process. Mr. Noriega: IfI may, to speak to your issue with Little Havana and also Allapattah. We just completed, in the last six months, two feasibility studies for the business corridor in Allapattah and for 8th Street, and the business -- Commissioner Sanchez: Art? City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Noriega: -- that linear district along 8th Street, so we're working towards -- Commissioner Sanchez: Listen, we don't want to go there on that study, all right? I prefer to have this conservation in private with you and not have it openly here. There's no way that people can share parking. It just does not work, and that study came back saying that there is no problem. There is no parking problems in Little Havana. People could share parking. That does not work. It does not work. Doesn't work here. Doesn't work in Chicago. It doesn't work in Ohio. It doesn't work in New York. It does not work. Mr. Noriega: I'll be happy to sit down with you, Commissioner, and discuss it. You and I haven't had an opportunity to review the study, so I -- Commissioner Gonzalez: And let me tell you, I realize that now on this -- on the last six months or eight months, you have been working on solving some of the Allapattah parking problems, but it all happened, thanks to my initiative of contacting Goodwill Industries and working out a deal with Goodwill Industries to do a partnership with the Parking Authority. I mean, it was not an initiative of the Parking Authority to say, "Let's go to Allapattah. Let's find a piece of land and let's build a parking." And I believe that's what Commissioner Sanchez is talking about, and that's what Commissioner Teele is talking about. You know, you've got to be more proactive on trying to find -- you know, if you have done it somewhere else, why not do it in these areas? Becuase, eventually, if we don't do something about parking, we're going to start losing business. Mr. Noriega: Absolutely. Commissioner Gonzalez: And once we lose business, we lose revenue to the City, and once we lose revenue to the City, we go -- we're going to start cutting down jobs and benefits and everything else, so, you know. I mean, for everybody's benefit, we need to -- Chairman Winton: Would you read the ordinance, please? Commissioner Sanchez: Before, because -- look, Johnny, it's not to offend you or your district, but in the past, parking lots were built where parking lots were profitable, period, and in that process, areas like Little Havana and Allapattah, and other areas that are now growing were left out of parking. Chairman Winton: And Overtown. Commissioner Sanchez: And Overtown. And as the Grove continues to have in our City, we're going to have a dire need for more parking spaces, but in this bond issue, which I support -- and I've had this conversation with Mr. Noriega -- that parking lots should be focused on areas that were left out in the past. I don't have a problem with Allapattah. I know they're in dire need of parking, but Little Havana better be, better be on that master plan where we need parking, and I'm not happy with that report that came back. I'm not going to talk about it here. I think you and I have a good relationship, where I could talk with you in my office or outside of City Hall to address that issue, but I am not happy with that report. Mr. Noriega: OK. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I started this discussion, perhaps, unfortunately, but I still feel very strongly that the more we take our responsibilities seriously, as the City Commission when we're City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 approving bond issues, and don't just approve things without giving them input on where we want to see the City, we're not doing a good job. Chairman Winton: Right. Vice Chairman Teele: I was not parochial, but let me be parochial, OK. Model City -- not Overtown, not Little Havana, not Allapattah -- Model City is the most screwed area when it comes to historical lack of parking, and I don't know any way other to say it, other than to say, look at what happened -- it's happening right now on 7th Avenue. You know, the parking was street parking. When the State decided to say the level of capacity required that they take the on - street parking off and that those roads -- those lanes had to be cleared for traffic, we've got businesses that have gone out of business, et cetera. I'm not talking, per se, about the historical need. I was really speaking -- otherwise, I would have to say Model City, and Overtown and Little Haiti, as well, because none of those areas have it. You go to the Design District, you see parking. You go to the Haitian Business District, you see no parking, and it's the same old problem in this town. Those that have lawyers and connections and dah, dah, dah, dah, dah, they get it, so if everybody wants to put the political statement, I've got to put the political statement for the black community on the line, too, butt was not speaking about the historical need at this point. I was speaking about the demand right now and where that demand goes, and in this regard, Mr. Manager, I would like to see, by neighborhoods -- downtown, Omni, Coconut Grove, Little Havana, Overtown, Allapattah, Model City -- I would like to see a break out of occupational licenses, because that's going to be the thing that's going to tell Off -Street Parking and the world where the demand is going, and that's what was talking about. We've really got to address the demand and where the demand is going. I have no problems, certainly, with Flagami or Little Havana and all that. You know, everybody's at the table. The only thing that I'm saying, as a Commissioner looking at this citywide, I believe that the demand is being driven very hard now -- and there was a recent story in The Miami Herald, I think, about parking in Kendall. It's a countywide problem. The lack of parking in Kendall, a big, you know, brouhaha about no parking there. I think we're going to wind up having a real serious problem in Allapattah, if we don't get a ahead of that situation. That was the only point thatl was making, not to the detriment of my district, not to detriment of Commissioner Sanchez' district, butl do think we have to apply the need -- the dollars where the needs are right now, as well as dealing with the catch-up, so, Mr. Chairman, I hope that will close it and we can have great harmony on this because parking is a problem, and it is -- Joe Sanchez was right, it's a citywide problem. Commissioner Regalado: Can I just make a point here? Parking is also a problem in Coral Way, but a bigger problem than in Allapattah, because in Allapattah, there is a need for parking. The need for parking in Allapattah -- and I go to 20th Street, because Angel knows that go there frequently and take my wife. People are going around and around, like I do, going and looking for parking. However, there is a HUD (Department of Housing and Urban Development ) Office on Coral Way and 22ndAvenue. Everybody who needs to apply, poor people, for Section 8, and everything has to do with HUD, has to go to that office. They do have a parking next -- but it cost a lot of money, and sometimes every day it's full, so there is this place commercial, Skin Wizard, 2170 Southwest 21 Terrace. In front of that, there is a "no parking" zone -- "no parking" sign placed by you, so the poor people that come to HUD park there, so your people come and ticket them, so last Saturday they get very upset, and last Friday, and threw about four to five bottles inside the store, and destroyed part of the windows and all that, because they thought that the store was calling the cops on them. That's why the people on 23rd -- I mean, on 21 st and on 22nd Terrace are requesting residential signs, but the question is, what are we going to do with all these people that come to Section 8? So, you know, Art, it's a problem, a problem that creates fights between people. Chairman Winton: Anyone else? Commissioner Sanchez: No, that's it. City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Gonzalez: That's it. Chairman Winton: Are you sure? Commissioner Gonzalez: Sure. Chairman Winton: Anyone else? Commissioner Sanchez: It's a very touchy -- it's a very touchy issue. 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 63 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 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 WITHDRAWN The City Attorney withdrew item FR.1 on behalf of the Administration. Chairman Winton: First reading ordinances. Alejandro Vilarello (City Attorney): OK. Commissioner, First Reading -- FR.1, the administration would like to withdraw FR.1. Vice Chairman Teele: Withdraw or defer? Mr. Vilarello: Withdraw. FR.2 03-0272 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12451, AS AMENDED, THE CAPITAL PROJECTS ORDINANCE, TO REVISE AN ONGOING CAPITAL IMPROVEMENTS PROJECT TO APPROPRIATE FUNDS, IN THE AMOUNT OF $750,000, IN CAPITAL IMPROVEMENTS PROJECT NO. 313303, ENTITLED "FIRE DEPARTMENT COMPUTERS AND COMMUNICATIONS," SAID FUNDS City ofAliami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 RECEIVED AS A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE ASSISTANCE TO FIREFIGHTER'S GRANT AWARD FOR THE DEPARTMENT OF FIRE - RESCUE FIRE OPERATIONS AND FIREFIGHTER SAFETY PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT, AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, CONTINGENT UPON THE CITY OF MIAMI'S PROVISION OF MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $400,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. 313303, ACCOUNT NO. 289401.6.840, FUNDED BY THE FIRE ASSESSMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0272-cover memo.pdf 03-0272-budget impact analysis.pdf 03-0272- letter from FEMA.pdf 03-0272- agreement articles.pdf 03-0272- email.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Vice Chairman Teele: Move FR.2. Commissioner Gonzalez: Second. Chairman Winton: Got a motion, second on FR.2. 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. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. A roll call was taken; the result of which is stated above. FR.3 03-0277 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PUBLIC NUISANCES," BY REPEALING, SECTION 46-1 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTION 46-1, ENTITLED "DEFINITIONS," TO MODIFY DEFINITIONS AND PROVIDE FOR CONSISTENCY AS TO THE NUMBER OF VIOLATIONS REQUIRED FOR A PROPERTY TO BE DECLARED A PUBLIC NUISANCE, PURSUANT TO STATE STATUTE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0277- cover memo.pdf 03-0277 - Fact Sheet.pdf City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: FR.3. FR.3. Alejandro Vilarello (City Attorney): FR.3 is an ordinance changing the City's Nuisance Abatement Board requirements to be consistent with the state statute that authorizes the creation of nuisance abatement boards. Chairman Winton: Got a motion. Need a second. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion? Read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: And what's the real benefit to us here? Hr. Vilarello: The City Code formally required as many as seven instances at a particular location before it could be brought before the Nuisance Abatement Board. Chairman Winton: Required what? Hr. Vilarello: The state statute simply requires two instances before it can go to the Nuisance Abatement Board. Chairman Winton: And that's the reason I wanted to -- I asked this question on purpose, so how about repeating that on the record, so the public's clear about this. Hr. Vilarello: The ordinance would be changed to require, instead of the current requirement of seven instances of violations at a particular location to be declared a public nuisance, it would require only two instances for the Nuisance Abatement Board to consider the property as a public nuisance. Chairman Winton: Here, here. OK. Roll call, please. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. A roll call was taken; the result of which is stated above. FR.4 03-0279 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE IX/DIVISION 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT" TO REQUIRE THAT A REQUEST FOR PROPOSALS BE ISSUED TO SOLICIT, BOTH REGIONALLY AND NATIONALLY, QUALIFIED FIRMS TO PROVIDE EXTERNAL AUDITING SERVICES TO THE CITY, WHICH SERVICES SHALL BE PERFORMED ON A MANDATORY FIVE YEAR ROTATION BASIS; MORE PARTICULARLY BY AMENDING SECTION 18-502(13) OF SAID CODE; City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 03-0279- cover memo.pdf DEFERRED The City Attorney deferred FR.4 on behalf of the Administration. A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and passed unanimously with Commissioner Gonzalez absent, that FR.4 be deferred to January 8, 2004. Mr. Vilarello: And the administration would like to defer Item FR.4, without objection. On FR. 4, without Commissioner Sanchez' objection. Mr. Vilarello: Mr. Chairman, for the record, FR.4, the Manager requests us to -- Commissioner Sanchez: Defer. Mr. Vilarello: -- defer that to the January 8th meeting. Chairman Winton: OK Do we need a motion? Commissioner Sanchez: So moved. Chairman Winton: Motion. Second? Second? Need a -- Commissioner Regalado: Second. Chairman Winton: Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. FR.5 03-0289 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI, DIVISION 2 AND DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS, STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY" AND "AUDIT ADVISORY COMMITTEE" ("AAC"), RESPECTIVELY, TO REDUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM TO CONVENE A MEETING OF THE AAC FROM FOUR TO THREE MEMBERS; MORE PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-947 OF SAID CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0289- cover memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Gonzalez: Move FR.5. Commissioner Sanchez: Second. Chairman Winton: Got a motion, second. Discussion? Read the ordinance, please. 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 passed on first reading, 5/0. A roll call was taken; the result of which is stated above. City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 RESOLUTIONS RE.1 03-0210 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO INITIATE ANY AND ALL ACTION, IN LAW OR IN EQUITY, RELATED TO NON-COMPLIANCE WITH THE TERMS OF AGREEMENTS BETWEEN BAYFRONT PARK MANAGEMENT TRUST AND CERTAIN ENTITIES USING BAYFRONT AND BICENTENNIAL PARKS. 03-0210 - cover memo.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1230 Chairman Winton: RE.1, resolution -- Commissioner Sanchez: So moved, Mr. Chairman. Chairman Winton: Got a motion. Need a 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. City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 BOARDS AND COMMITTEES BC.1 03-0001 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Michael Barket Commissioner Joe Sanchez 03-0001-memo-1.doc 03-0001-list-2.doc Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado R-03-1232 Chairman Winton: BC.9. Commissioner Sanchez is now here. Commissioner Sanchez: Yes. Chairman Winton: In fact, I'm going to go back to BC.1, Joe, because you're on BC.1, so I'll pick these up again. Commissioner Sanchez: Let me find -- these are the boards? Hold on. Chairman Winton: Yes. Commissioner Sanchez: I'll get to them. Chairman Winton: Bayfront Park Management Trust. Commissioner Sanchez: Yes. I would like to appoint Michael Barket to the Bayfront Park Management Trust. Chairman Winton: Need a second. Commissioner Gonzalez: 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. BC.2 03-0003 RESOLUTION City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE OVERTOWN ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Charles Cutler 03-0003-memo-1.doc 03-0003-list-2.doc 03-0003-applications-3. pdf DEFERRED NOMINATED BY: Chairman Arthur Teele, Jr. Vice Chairman Teele deferred his appointment. Chairman Winton: What else do we have then? I guess we're finished with the Supplemental Agenda? Alejandro Vilarello (City Attorney): Yeah. Chairman Winton: So, we can go to board appointments then. BayfrontManagement -- Bayfront Park Management Trust. BC (Boards and Committees). Commissioner Sanchez isn't here. Commissioner Gonzalez: Where are we? Chairman Winton: Going to board appointments, so now we're going to go to BC.2. Commissioner Gonzalez: Board appointments. Chairman Winton: Commissioner Teele, you have -- this is Overtown Advisory Board. No appointments? So we'll go to BC.3. Commissioner Gonzalez: Who is it? Chairman Winton: Commissioner Sanchez again, is the only one. BC.3 03-0015 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gustavo Godoy Commissioner Joe Sanchez City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 03-001 5-memo-1 .doc 03-001 5-list-2.doc 03-0015 back-up 3.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado R-03-1233 Commissioner Sanchez: BC.3. Chairman Winton: Yes. Commissioner Sanchez: I would like to appoint Gustavo Godoy for the Virginia Key Beach Park Trust, and the reason why it's taken me so long is because we interviewed people to make sure that we appoint someone who's going to be very proactive, and compliment that great board -- Chairman Winton: We need a second. Commissioner Sanchez: -- or that great Trust. 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.4 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: Ricky Arriola Commission At -Large 03-0081-memo-1 .doc 03-0081-list-2.doc 03-0081-backup-3.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Teele and Winton Absent: 2 - Commissioner Regalado and Sanchez R-03-1231 Chairman Winton: BC.4, Commission at large, so need a motion on Ricky Arriola. City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Gonzalez: So move. Chairman Winton: Need a second. 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. BC.5 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 and Mayor Diaz deferred their appointments. Chairman Winton: BC.5, Arts and Entertainment Council. Commissioner Teele. Vice Chairman Teele: No. Chairman Winton: And Commission -- and the Mayor, so BC.6, Commissioner Gonzalez. This is Health Facilities. Commissioner Gonzalez: I'm going to defer mine. Chairman Winton: OK Deferred. BC.6 03-0231 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Angel Gonzalez City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 03-0231-memo-1 .doc 03-0231-LIST-2.doc 03-0231 Backup-3.pdf DEFERRED Commissioner Gonzalez deferred his appointment. BC.7 03-0232 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Joe Sanchez 03-0232-memo-1.doc 03-0232-list-2.doc DEFERRED Commissioner Sanchez moved the reappointment of Robert Valledor with a waiver of the term limit, which requires a unanimous (5/5) vote. Commissioner Regalado was absent at the time, therefore, the item was deferred. Chairman Winton: BC.7, Commissioner Sanchez again. Commissioner Sanchez: I would like to reappoint my appointee to the Nuisance Abatement Board. Chairman Winton: What item is that? Commissioner Sanchez: That's BC.7. Chairman Winton: Oh, OK. Need a second. Commissioner Gonzalez: Second. Priscilla A. Thompson (City Clerk): Commissioners, Commissioners, I'm sorry. Chairman Winton: Yes. Ms. Thompson: On the Nuisance Abatement Board, that is going to require a five affirmative votes for the 8-year term limit. Commissioner Sanchez: We'll defer that one and come back to it. BC.8 03-0233 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur Teele 03-0233-memo-1.doc 03-0233 applications-3.pdf DEFERRED Vice Chairman Teele deferred his appointment. Chairman Winton: BC.8, Urban Development Review Board. Vice Chairman Teele. You have Marina Corey, whose term expired September -- Oh, you are here. You want to make a decision on Urban Development Review Board? Commissioner Sanchez: No. Chairman Winton: No. BC.9 03-0234 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Joe Sanchez 03-0234-memo-1.doc 03-0234-members-2. pdf DEFERRED A motion was made by Commissioner Sanchez, seconded by Commissioner Gonzalez, and unanimously passed with Commissioner Regalado absent, to remove Manuel Chamizo from the Miami Street Codesignation Review Committee; further deferring the appointment of said vacancy to a future Commission meeting. Chairman Winton: BC.8, we've done. BC.9, Miami Street Codesignation. Commissioner Sanchez again. Commissioner Sanchez: BC.9, I would like to remove my current appointee and defer the reappointment. Commissioner Gonzalez: Second. Commissioner Sanchez: Or appointment, at this time. Chairman Winton: Motion, second. All in favor, "aye." City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. BC.10 03-0235 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE LITTLE HAVANA FESTIVAL COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur Teele 03-0235-memo-1.doc 03-0235-list-2.doc 03-0235 Backup-3.pdf DEFERRED Vice Chairman Teele deferred his appointment. Chairman Winton: BC.10, Commissioner Teele. Vice Chairman Teele: Which one is that? Chairman Winton: BC.10, the Little Havana Festival Committee. Vice Chairman Teele: No. Chairman Winton: No appointment. Vice Chairman Teele: Who's my appointment on that? Chairman Winton: Luis Sabinas, Jr. Priscilla A. Thompson (City Clerk): Luis Sabina Jr. resigned. Vice Chairman Teele: Right. Chairman Winton: So, no appointment. BC.11 03-0246 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Vice Chairman Joe Sanchez (Public Advocate Seat) 03-0246 - memo - 1.pdf DEFERRED Commissioner Sanchez deferred his appointment of the Public Advocate seat. Commissioner Sanchez: BC-11, Commissioner Sanchez. Commissioner Sanchez: BC.11, Mr. Chairman, at this time, I'm having to defer, and the reason why is because of the language barrier and, of course, they have to be homeowners within the boundary, and we were having a problem with the language barrier, so we should have an appointment by the next meeting. Chairman Winton: OK, great. Should we go to lunch? City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 DISCUSSION ITEMS DI.1 03-0318 DISCUSSION ITEM DISCUSSION CONCERNING COMPENSATION TO FEDERAL AND STATE LOBBYISTS FOR PAST PERFORMANCE. 03-0318- cover page 03-0318 - agreement - 1 .pdf DISCUSSED Chairman Winton: Moving on. DI.1, compensation to federal and state -- this is the lobbyist thing that's at 3:30, Mr. Manager, and then we'll do DI.2. Joe Arriola (City Manager): Commissioner. Chairman Winton: Yes, sir. Mr. Arriola: I'm waiting for Ron Book to get here. He just called and said he'll be here in five minutes, if it's OK with you? Discussion resulted in resolution (File No. 03-0318a) listed below: 03-0318a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT AND EXTENSION, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXTEND AND AMEND THE PROFESSIONAL SERVICES AGREEMENT (" AGREEMENT") BETWEEN THE CITY OF MIAMI AND RONALD L. BOOK, P.A ., DATED NOVEMBER 1, 2002, PURSUANT TO RESOLUTION NO. 02-1220, ADOPTED NOVEMBER 19, 2002, TO PROVIDE STATE GOVERNMENT LOBBYING AND CONSULTING SERVICES FROM JULY 1, 2002 TO FEBRUARY 29, 2004, SUBJECT TO THE TERMS AND CONDITIONS OF THE AGREEMENT; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $ 410,821, PLUS $34,224 TO COVER EXPENSES AS APPROVED BY THE CITY MANAGER, FROM ACCOUNT CODE NO. 0100.920216.6340.27019, FOR SAID SERVICES. 03-031 8-exhibit-1 .pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1234 Chairman Winton: What's the next item? Don't you have one more? Joe Arriola (City Manager): Yeah. Discussion Item DI.1. Chairman Winton: Which one? City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Arriola: DI.1. Chairman Winton: DI.1. Mr. Arriola: The extension of the lobbyists' contract. Chairman Winton: OK. Ignacio Ortiz: Good afternoon, Commissioners. This item reconciles the State lobbying contract and puts it up to date until February 2004, by which time, we should have a new contract in place, and this reconciles us going back to November 2002 and puts all the payments up to date. Commissioner Regalado: What? What do you mean? We haven't paid them since November 2002? Glenn Marcos: There was a gap in the actual emergency, in the original emergency. Commissioner Regalado: Your name? Mr. Marcos: Glenn Marcos, Purchasing Director for the City ofMiami. There was a gap in the actual initial emergency resolution in which the actual period stated November 1st of 2002 through October of 2003. What we're trying to do is we're trying to make good on the services that Ron Book ended up providing, the services to the City ofMiami. Commissioner Regalado: So you haven't paid him? Mr. Marcos: Exactly, because the actual resolution did not allow us to. Commissioner Regalado: OK. Who else, Mr. Manager, is in this contract? I mean, what's the team? It was Ron Book and who else? Mr. Marcos: The actual resolution is to Ronald Book. Commissioner Regalado: No, no. Vice Chairman Teele: That wasn't the question. Commissioner Regalado: That wasn't the question. Who else besides Ron Book is in the lobbying team? I just want to know. Mr. Marcos: Excuse me. Can I get Ron Book up here to answer that question? Commissioner Regalado: Sorry? Mr. Marcos: Can I get Ron Book up here to answer that question? He actually knows who was on the team. Vice Chairman Teele: Mr. Chairman, with all due respect, I don't think the City -- the City staff ought to know who we're dealing with. I mean, you're making a federal case out of no case. Commissioner Regalado: I mean, I just want to know. Mr. Marcos: I fully agree, and the contract has been executed. City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Vice Chairman Teele: You don't know? Mr. Marcos: No, I don't know. I'm agreeing with you. I don't know. Vice Chairman Teele: Well, who on the City's staff knows? Mr. Arriola: Apparently nobody knows, sir. This was a contract before we all got in here, and he just started this job three weeks ago. It really is embarrassing, and I'm sorry. Chairman Winton: Ronny. Ronald Book: IfI could, Mr. Chairman, members of the Commission. Vice Chairman Teele: I want to hire him to represent me in my dealings with you. Mr. Arriola: No. The fruth of the matter is, to be very honest with you, our dealings are strictly with Ron Book. I know he's got other people working on his staff but the only person I speak to for anything to do with Tallahassee is Ron Book, so I really don't know the other members of the staff. The one and only person I deal with is Ron Book. Mr. Book: IfI could -- Arriola: And the contract is with Ron Book, by the way. Mr. Book: IfI could, Mr. Chairman, to you, to Commissioner Regalado and other members of the Commission, Ronald L. Book, Ronald L. Book, P.A., 2999 Northeast 191 Street. The lobbying team consists of the firm of Smith and Ballard, which is a former Attorney General, former Secretary of State, Jim Smith and Bryan Ballard. Mr. Ballard is the point for the firm. The firm of Corcoran and Associates, which is Mike Corcoran and Courtney Bentz. Both participate. Mr. Corcoran is the point. The firm of Katz, Kutter and Hagler, Mr. Abrams and Monica Rodriguez both participate on an ongoing basis. The firm of Rosario Kennedy and Associates with Rosario Kennedy as the point and the firm of Becker and Poliakoff with Yolanda Cash Jackson as the point, and the firm of the Commerce Group, which is Pamela Birch Ford are the individuals that make up the lobbying team, and I would say, just respectfully, Mr. Chairman, to Commissioner Regalado and Commissioner Teele's point, what we have tried to do is remain organized, and so that assignments don't get split up, and so that there is always accountability to you as a Commission, and to your Manager, all communications generally run through my office, so that there is no mix-up and so that when there is a problem or an issue, the buck stops at my office. Chairman Winton: Thank you. Mr. Book: Thank you. Chairman Winton: Any other questions? Do we have a motion? Vice Chairman Teele: I would move it. Chairman Winton: You made a motion? Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Any other discussion? Being none, all in favor, "aye. City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries Vice Chairman Teele: Mr. Chairman, very briefly. On the lobbying effort, Mr. Book, just very briefly. This Commission under Commissioner Regalado and Gonzalez' sponsorship voted today to place an item on the ballot relating to the Marlins Stadium, utilizing a one-time one half cent for one year, apparently. Chairman Winton: Eighteen months. Vice Chairman Teele: Huh? Chairman Winton: Eighteen months. Vice Chairman Teele: Eighteen months. Are you in the loop on this? Has anybody discussed this with you? Mr. Book: I have not had any extensive discussion on the issue. I have had brief discussions with the Manager about the fact that an issue was coming forward on a potential ballot issue, but that's been the extent of it. We visited on that about ten days ago. Vice Chairman Teele: Would you talk -- would you meet with the Manager and make sure that we make as many calls as we can to State legislators tonight before the newspapers or whatever hits tomorrow? Because there's nothing worse than someone, you know, reading something without it being sort of run around the horn, if you don't mind. Mr. Book: I don't mind, sir. Vice Chairman Teele: But through the Manager's office. Mr. Book: Yes. Vice Chairman Teele: Coordinate that. And the other thing is, how are we ensuring that the lobbying team is not representing interests that are counter to ours? And I think there's a very real issue because, you know, somebody may decide they don't want to see a Marlins Stadium built, for example, or something like that. Mr. Book: We've not had an issue, but I think your point's well taken, and I will review that with the lobbying team and make sure that we have some level of disclosure to the City from all members of the lobbying team before the start of the session. Vice Chairman Teele: I would ask respectively if you -- if the Manager and the Attorney would meet on that, and ensure, to the extent that we can that there's at least disclosure by all of the members of the lobbying team on who they are representing, and that that disclosure stay open throughout the session so that we know who's representing who. I mean, I'm not frying to tell people who to represent or who not to, but I think we ought to know who they're representing. Thank you, Mr. Chairman, for your indulgence. Mr. Book: Thank you. Chairman Winton: Thank you. Mr. Book: Commissioner, thank you. City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Did we vote? Vice Chairman Teele: We voted on that item. I just wanted -- Chairman Winton: OK. Thank you. DI.2 03-0273 DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET OUTLOOK. 03-0273- memo.pdf NO ACTION TAKEN Not taken up NA.1 03-0372 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI AND SOUTH FLORIDA COORDINATION COMMITTEE FOR THE CELEBRATION OF THE REPUBLIC OF HAITI BICENTENNIAL (JANUARY 1, 1804 - JANUARY 1, 2004) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Emile M. Viard Commission At -Large Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado R-03-1238 Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would like to appoint Emile Viard to the Haitian American Bicentennial Coordinating Committee as the at large appointee. There's one vacancy. He's from Catholic Charities. At the request of the committee. Chairman Winton: OK. Need a second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 NA.2 03-0381 Chairman Winton: Like sign, opposed. The motion carries. DISCUSSION ITEM DISCUSSED Status Report from Code Enforcement Task Force presented by Mr. Demola and Capt. Esposito. Chairman Winton: Do we have anything else that we can do in the next five minutes, or we want to go to lunch? Commissioner Sanchez: Yeah. I just -- Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: I would like, if possible, to get a report from the Code Enforcement Task Force, which we have present here Mr. Demola and Captain Miguel Esposito, and I would like them to give the Commission a report on what they have found in the last two weeks, which is going to be very interesting -- Chairman Winton: Perfect. Commissioner Gonzalez: -- to all of you. Chairman Winton: Y'all want to do that.? Vice Chairman Teele: Oh. They've been sitting here all this time? Chairman Winton: Yeah. You should have -- I would have brought them up earlier. Commissioner Gonzalez: Yeah. Chairman Winton: Oh, well. Commissioner Gonzalez: I don't want to interrupt your agenda. Now we have a break. Chairman Winton: Yes, sir Mr. Demola: (UNINTELLIGIBLE) Demola, Code Enforcement Director, and Captain Miguel Esposito. The Quality of Life Task Force, on the last couple of weekends, we have been visited what we call bars and cafeterias. We visited total of 16 locations in Districts 3 and 4, basically. The findings so far has been Code Enforcement violations, about 36; with a total fines of eighteen thousand dollars and nine hundred and fifty. The Fire Department, they found like 68 violations; and the Building Department, 25. The -- we have with us the liquor and tobacco people from the State, and also the Police that have been very much involved in all these activities. I would like Captain Esposito to give us a briefing about the police. Captain Miguel Esposito: Good morning, Commissioners. As Mr. Demola has stated, we've been hitting these locations over the last couple of weeks. We've hit a total of 14 locations, and as a result, we've made 56 arrests, ranging from permitting under -aged drinking to possession of cocaine. We've confiscated quite a bit of liquor; also, 65 cases of beer, four kegs of beer, and various cases of wine. What's really important about this, when you go into these places, they're cafeterias, they're cafes, they're sandwich shops, but they're actually operating as bars, and they're also serving after our 10 p.m. curfew, and they are also have barmaids that are basically going out and mingling with the patrons, soliciting alcoholic beverage, where they're charging exorbitant amount of money for a beer. Their beer cost anywhere from ten to fifteen dollars, so a City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 lot of illicit activity taking place at these locations, and we're going to continue to hit these places. We're working with Alcoholic Beverage and Tobacco. They also did two administrative cases with six thousand dollars in fines. Commissioner Gonzalez: It's very important that everybody knows that, in these operations, they have found minors consuming alcohol, and I'm talking about kids of 15, 16, 17 years old kids drinking alcohol on these premises. Another factor that is affecting the quality of life out there is the fact of the gambling, the illegal gambling machines, and so you have an idea. We had one of these locations that, in one week, the owner paid out sixteen hundred dollars, and those machines are supposed to be paying out 10 percent of the collection, so that means that that particular place collected sixteen thousand dollars in one week; they didn't pay no taxes; they didn't pay no license to the City; they didn't pay no fees, and they're making an average of sixteen thousand dollars a week, so these are the operations, and in addition to that, the confiscation of narcotics, like cocaine and other narcotics that they have occupied on these premises, so -- Chairman Winton: Well, Commissioner Gonzalez, I know that you're leading the charge on this crack down on behalf of all of us throughout the City, and I want thank you a lot. I think you guys are doing a heck of a job and just keep it up. Commissioner Gonzalez: Thank you, sir, and thank you. Chairman Winton: Thank you all. Mr. Demola: Thank you. Chairman Winton: Commissioner -- Commissioner Gonzalez: They are the ones that are doing the jobs, so -- Vice Chairman Teele: Mr. Chairman, the Manager's back. NA.3 03-0367 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF SIDEWALK CONSTRUCTION SERVICES FROM PIOS & SONS ENTERPRISES, FOR THE PROVISION OF CITYWIDE RESURFACING AND NEW SIDEWALK PROJECTS, ON AN AS -NEEDED CONTRACT BASIS, IN AN AMOUNT NOT TO EXCEED $1,000,000, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 629550Q, EFFECTIVE UNTIL FEBRUARY 23, 2004, SUBJECT TO FURTHER EXTENSIONS AND REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM PROJECT ACCOUNT CODE NO. 341330.319301.6. 830. 03-0367 - memo - correcting error.pdf 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-03-1246 Chairman Winton: Now we have a couple pocket items. City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Joe Arriola (City Manager): Yes, sir. Chairman Winton: Would you all like to do these? Mr. Arriola: Yeah. It's Commissioner Teele and Commissioner Sanchez. Commissioner Sanchez: Commissioner Teele, would you like to go first or -- Chairman Winton: (INAUDIBLE) piggybacking a confract. Vice Chairman Teele: We have the item relating to -- at the request of the management authorizing the use ofMiami-Dade County for resurfacing and it is a piggy back -- Commissioner Sanchez: Is it the same one? Vice Chairman Teele: What's the total amount? Alicia Cuervo Schrieber (Chief of Neighborhood Services): Commissioner, that is the sidewalk item that's before you that links to our People's Transportation Plan, and our Capital Improvement Plan allows us to use the dollars that have been slated for sidewalk improvements, of which, it will be needs based, so we will be entering into Model City first. Chairman Winton: But -- Vice Chairman Teele: What's the amount? Chairman Winton: Piggybacking on a -- Ms. Schrieber: The amount that's in the CIP (Capital Improvement Program) shows for this year -- this initial allotment -- Vice Chairman Teele: What is the amount of the piggyback? Ms. Schrieber: The confract is not. We're just piggybacking on the County's contract and the rate that they used. We'll be using a million dollars worth of sidewalks, sir. Vice Chairman Teele: A million dollars? Ms. Schrieber: Yes. Mr. Vilarello: So, it's an amount not to exceed a million dollars for this purpose. Ms. Schrieber: And we're using the unit price, as they were provided by -- negotiated and provided by Miami -Dade County. Vice Chairman Teele: A million dollars? Ms. Schrieber: A million dollars, sir. Vice Chairman Teele: That's the question. Commissioner Sanchez: Second. Mr. Vilarello: So, we'll modify the resolution to reflect that, and we have reviewed the confract City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 and we can piggyback off this particular confract. Chairman Winton: That's great. OK Motion, second. Discussion? Being none, all in favor, " aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. NA.4 03-0368 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF RESURFACING SERVICES FROM H & R PAVING, INC., FOR THE PROVISION OF CITYWIDE RESURFACING PROJECTS, TO BE USED ON AN AS -NEEDED CONTRACT BASIS, IN AN AMOUNT NOT TO EXCEED $2,000,000, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 629902, EFFECTIVE UNTIL JULY 7, 2004, SUBJECT TO FURTHER EXTENSTIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 341330.319301.6.830. 03-0368 - scrivener error.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-03-1247 Chairman Winton: What's the second one? Commissioner Sanchez: Mr. Chairman, I have a resolution of the City ofMiami Commission approving the procurement of sidewalk construction services from H&R Paving; awarding under the existing Miami -Dade County contract number 629902, effective until July 7, 2004, to be utilized citywide on an as -needed confract basis, allocating funds from the project account number 1220012500106.6.840. So moved. Chairman Winton: Isn't that the one we just did? Commissioner Sanchez: No. It's -- Alicia Cuervo Schreiber (Chief of Neighborhood Services): No. That was sidewalks -- Unidentified Speaker: Sidewalks. The other one -- Ms. Cuervo Schreiber: This is resurfacing. Unidentified Speaker: -- resurfacing. Chairman Winton: Well -- but I thought I heard him say sidewalk. Vice Chairman Teele: Resurfacing. Chairman Winton: I didn't hear resurfacing. City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Alejandro Vilarello (City Attorney): And the amount is not to exceed -- Ms. Cuervo Schreiber: Two million dollars. Mr. Vilarello: Two million dollars. Commissioner Sanchez: And I have one question. How much -- well, is there a second? Vice Chairman Teele: Second. Commissioner Sanchez: Is it under discussion? Chairman Winton: This is for 20 miles of street resurfacing -- Commissioner Sanchez: Yes. Chairman Winton: -- in the City ofMiami. That's what -- yes, sir. Commissioner Sanchez: By piggybacking off of the County, what is the significant savings to the City ofMiami? Ms. Cuervo Schreiber: Usually, we pay anywhere between a hundred and fifty, two thousand to a hundred and seventy-eight thousand dollars a mile. Commissioner Sanchez: How much -- Ms. Cuervo Schreiber: And that doesn't include some of the milling and resurfacing. This -- some of the milling. This contract includes the milling and resurfacing and I believe it's just over a hundred thousand dollars. I could give you that exact number, but we're going to be using the County's exact rates that they used. Since they have a greater bulk, we got a much lower rate. Commissioner Sanchez: So, it's a better rate for the City, and expedites -- Chairman Winton: And it speeds the process up dramatically. Commissioner Sanchez: Expedites the process. Ms. Cuervo Schreiber: It speeds -- We can start resurfacing in the next two weeks, sir. Chairman Winton: Yeah. Commissioner Sanchez: OK Chairman Winton: That's a big deal right there. OK Any other pocket items? Commissioner Sanchez: Need to vote on this. Chairman Winton: Then -- Vice Chairman Teele: Call the question. Chairman Winton: Oh. Commissioner Sanchez: Call the question. City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: We have a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. NA.5 03-0363 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 AND INCREASING THE CONTRACT WITH LOPETEGUI CORPORATION, MIAMI SUBS AND KARLEN FOODS/DBA/TROPICS, PURSUANT TO RESOLUTION NO. 03-1159, ADOPTED NOVEMBER 13, 2003, IN THE AMOUNT OF $6,117, FROM $100,000 TO $106,117, TO PURCHASE SANDWICH MEALS AND MISCELLANEOUS FOOD ITEMS FOR THE DEPARTMENT OF POLICE, FOR LAW ENFORCEMENT PERSONNEL DURING THE FREE TRADE AREA OF THE AMERICAS CONFERENCE HELD IN DOWNTOWN MIAMI; ALLOCATING FUNDS FOR SAID INCREASE, IN THE AMOUNT OF $6,117, FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270; AMENDING RESOLUTION NO. 03-1159, TO REFLECT SAID INCREASE. 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-03-1249 Commissioner Sanchez: I also have one for the Police Department. Apparently, they ate more than what they were supposed to be -- they overdid it on food at the FTAA (Free Trade Area of the Americas), so it's a resolution of City ofMiami Commission creating -- no. Where is that -- Joe Arriola (City Manager): It's to increase it from a hundred thousand to a hundred and six thousand dollars. Commissioner Sanchez: Well, I have it. I just got to get a little organized here. Where is the -- we'll come back to it. Go ahead. Chairman Winton: Do we have any other items before we go to PZ (Planning & Zoning)? Commissioner Sanchez: No. I have that resolution -- Chairman Winton: Oh, you found it. Commissioner Sanchez: It's a resolution of the City ofMiami Commission increasing the approved amount for the purchase of 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. Of course, we went from one hundred thousand dollars to a hundred and six thousand dollars, and all they're asking is for the difference to be paid. Six thousand one hundred and seventeen dollars. So moved. Vice Chairman Teele: Second. City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Got a motion and a second. Any further discussion? Vice Chairman Teele: Do we have a list of the vendors that they used? Joe Arriola (City Manager): Pardon me? Vice Chairman Teele: Do we have a list of the vendors that they used? Mr. Arriola: They used two vendors, sir, butl can get it for you. Vice Chairman Teele: Were they in the City? Mr. Arriola: Well, Subway was one. There were two -- both Subways were in the City. Vice Chairman Teele: In the City? Mr. Arriola: Yes, sir. Vice Chairman Teele: OK Chairman Winton: Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. NA.6 03-0377 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT THE ACTIVITIES OCCURRING AT NOON, ON JANUARY 1, 2004, RELATING TO THE CELEBRATION OF THE REPUBLIC OF HAITI BICENTENNIAL, BE COORDINATED BY A WORKING GROUP, UNDER THE GUIDANCE AND DIRECTION OF THE CITY ATTORNEY, WITH ASSISTANCE FROM THE MAYOR'S PROTOCOL LIAISON, CITY CLERK, AND THE CITY MANAGER, INCLUDING BUT NOT LIMITED TO, THE DEPARTMENT OF MUNICIPAL SERVICES; FURTHER DIRECTING THE WORKING GROUP TO SEEK GUIDANCE FOR THE FACILITATION OF THE EVENT FROM THE MIAMI AND SOUTH FLORIDA COORDINATION COMMITTEE FOR THE CELEBRATION OF HAITI BICENTENNIAL JANUARY 1, 1804 - JANUARY 1, 2004), AND TO FOCUS ON COORDINATION OF ALL COMMUNICATIONS AND IMPLEMENTATION TO ASSURE INVITATION TO AND INCLUSION OF DIGNITARIES, MEMBERS OF THE CONSULAR CORPS, STATE DEPARTMENT OFFICIALS, MEMBERS OF THE EXECUTIVE BRANCHES OF THE UNITED STATES GOVERNMENT AND STATE OF FLORIDA, ELECTED OFFICIALS AND LOCAL DELEGATES AT THE JANUARY 1, 2004 CELEBRATION AND ANY OTHER EVENT SCHEDULED FOR THE BICENTENNIAL THEREAFTER AS DEEMED APPROPRIATE. 03-0377 - memo.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1248 Vice Chairman Teele: Mr. Chairman. Chairman Winton: OK Vice Chairman Teele: A resolution, again, relating to the Bicentennial of the working group which just met -- and I appreciate the Manager and the Attorney and the Clerk -- related to the working group to establish the protocol working with the Mayor's office to facilitate the event, and this is for the one hour or so for dignitaries for the Haitian Bicentennial. So moved. Commissioner Gonzalez: Second. Commissioner Regalado: Second. 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. NA.7 03-0361 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISION RELATED TO THE KING MANGO STRUT PARADE TO BE HELD ON DECEMBER 28, 2003; AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,900, FROM DISTRICT TWO SPECIAL EVENTS ALLOCATION FUND, ACCOUNT CODE NO. 001000.921054.6.289, TO COVER COSTS OF SERVICES TO BE PROVIDED BY THE DEPARTMENTS OF POLICE, FIRE - RESCUE AND SANITATION. 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-03-1250 Chairman Winton: OK. Now, I have a pocket item here. Did you hand it out to everybody? This is related to King Mango Strut. It's been held in the Grove for ever, and ever, and ever, and apparently, when the allocation from the Special Events Committee was made, the amount that they got to hold the parade was less than they have in years past, so they're short nineteen hundred dollars ($1,900). This resolution allocates nineteen hundred dollars ($1,900) out of my District 2 deal, so if y'all don't -- would somebody move it? Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. The motion carries. Do we have any other -- Commissioner Regalado: Let me -- Vice Chairman Teele: Mr. Chairman. Commissioner Regalado: Let me say something to you. What you've done is very good because these people do not -- they're all volunteers, and all the money that they use, use it for the event. NA.8 03-0383 DISCUSSION ITEM Commendation to Chairman Winton DISCUSSED Mayor Diaz presented Chairman Winton with a plaque of appreciation and recognition for a fine job of chairing the Commission. The next chairman of the Commission will be Vice Chairman Teele, with Commissioner Sanchez as Vice Chairman. Chairman Winton: We have any other agenda items? Commissioner Sanchez: I do. I just want to state that's it's been an honor working with you as the Chairman. You've done a great job, and, really, you've handled yourself very, very professionally. Chairman Winton: Thank you. I appreciate it. Chairman Winton: And is that it? Commissioner Gonzalez: Mr. Mayor (INAUDIBLE) Chairman Winton: Mr. Mayor? Commissioner Sanchez: It's the Cinderella gavel. She had a slipper. You have a gavel. Commissioner Regalado: Mine was smaller. Manuel A. Diaz (Mayor, City ofMiami): Well, we have more money this year. Commissioner Sanchez: She said that. Mayor Diaz: We have more money this year, so we bought a -- I just got it. Chairman Winton: The mikes are on. Commissioner Sanchez: No, they're not. Chairman Winton: Yes, they are. Commissioner Gonzalez: Be careful. Mayor Diaz: Commissioner, we have this special presentation for you on behalf of all of us in the City, for your job as Chairman of this Commission, in appreciation of your innovative leadership and creative solutions on the shores of sweet water. City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Sanchez: Sweet water? Mayor Diaz: Sweet -- Agua dulce. Commissioner Sanchez: Agua dulce. Mayor Diaz: Miami. And I just want to say that I'm extremely proud of the job you've done during this year, and Commissioner Regalado last year, and looking forward to Commissioner Teele's leadership as Chair in this coming year, and, really, if you compare the professionalism and the decorum of the deliberations in this chamber to a few years ago, it's night and day, and I'm very, very proud of everything that's being done here, and your leadership, and Commissioner Regalado's leadership, and just very proud to be part of the team, so thanks. (APPLAUSE) Commissioner Regalado: I really want to thank Johnny because he has shown us real leadership, but we have done the public's work, and that's important, and the people have the right to come here. This is their home, and we all respect that, and I thank you. You've been very good to me, to us. Thank you, Mayor, for the leadership and now we're looking forward to Art's -- Where are you going to be sitting? Vice Chairman Teele: Right where I always sit. Chairman Winton: No, right here. I'm moving. Commissioner Regalado: So he's been my neighbor for now eight years. Chairman Winton: He's moving. Commissioner Regalado: No, he's not moving. He has to stay there. Commissioner Sanchez: It's been an honor, Johnny. I mean, it's not easy keeping us intact, and I know we get emotional, and at times, we carry on and we talk a little more than we should, but I just want to say that you and your staff have done a great job. You've kept professionalism in this Commission, and as the Mayor said, it is completely different, day and night, as years ago, through your leadership, and I look forward now to Commissioner Teele being the Chairman, but it was certainly a pleasure, and as always, it's great to work with you and I wish you the best. I truly enjoyed working with you, so once again, thank you and your staff who has worked very hard, so God bless you and your family. (APPLAUSE) Commissioner Gonzalez: Johnny, it has also been a great pleasure having you as my Chairman, and I enjoy a lot, and we had our up and downs. I'm asking you is, please, now that you're not going to be the Chairman, don't fight with me, please. I will bring a white towel at the first meeting. I promise you, but thank you. I really had a good time, and thank you for your patience, and you demonstrated a lot of control and a lot of patience in many, many, many cases, so God bless you, Johnny. Chairman Winton: Thank you. Joe Arriola (City Manager): I have a little request, please. Would you please pass on to the new Chairman the -- our kind of hand signal and face signals when I should shut up and not open my big mouth, because you kept me out of trouble for the last 11 months. City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Vice Chairman Teele: Obviously, the signals weren't working. Mr. Arriola: They actually did work most of the time, so I would appreciate it if you pass them on so I stay out of trouble. Chairman Winton: I'll pass them on. Vice Chairman Teele: Mr. Mayor, we all thank you, again, more than anyone for the leadership that you've provided, the fairness and the manner in which you have brought about, I think, consensus. The office of the Mayor sets the tone no matter what, and I think, you know, we owe a dual debt of gratitude to our Mayor and to Johnny Winton and Chairman -- as Chairman. I particularly want to say to Johnny and his staff who've really worked, I think, tirelessly behind the scenes, a tremendous job well done, and clearly, I think the job you that you have done has really helped to enhance the City's image more than you can imagine. I particularly also commend the Manager for working so closely with you, and I would hope that you would give me the signal on how to work with this guy a lot better, so I'm going to go to school at your knee, looking for tips on how to work with our Manager, but in all seriousness to you, to your staff and to your family, we express our real appreciation. You've done more than been a Commissioner and the Chairman. You've really been a surrogate and a representative in working so closely with the office of the Mayor and Manager, and we are very, very grateful, and I will look for your guidance and leadership, particularly in those areas, and we wish you well and we certainly wish you Godspeed and a Merry Christmas, and so, Mr. Chairman, thank you very much. (APPLAUSE) Chairman Winton: I was doing fine. It just came. To my staff y'all do a heck of a good job. I really enjoy working with all ofyou. You're just terrific and (INAUDIBLE) being done, so that's enough. We've got a lot more work to do. We're not done, and to the Mayor and to each ofyou - - and I have to tell you guys. You know, when I got here four years ago, I wasn't having fun. It wasn't a fun place. It was a tough, tough, tough place, and -- Commissioner Regalado: You should have been here six years ago. Chairman Winton: Oh, couldn't imagine. Couldn't imagine, butt have had the opportunity to wrok with each ofyou very, very closely, and I can tell you that I'm extremely proud to be a part of this City ofMiami Commission. I'm extremely proud to be able to work with the Mayor, the Manager, all of his fine staff and the great new people that he's hiring. I think we are -- and I've told many people this many times -- I think all of us are in a position that few people ever have an opportunity to experience in their entire lifetime, and that position is that we are in the middle of a city that went through a terrible crisis, major problems in a city, and we, in record time, are part of a team that's going to rebuild and is rebuilding one of the greatest cities in the United States, and maybe in the world, and you guys are all making that happen. Is that on? Very few people ever, ever get that kind of opportunity, so I'm just proud and honored to be a part of this team with you all, and look forward to the remaining three years and 11 months to get this job done. Thank you, and Commissioner Teele, I really look forward -- I'm going to learn a lot watching you as our next leader. You were outstanding in the County. You're going to teach me a lot here over the course of the next year, but thank you all. (APPLAUSE) Vice Chairman Teele: Mr. Mayor and Mr. Manager, are there any other matters to come before the Commission? Mr. Attorney? City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Arriola: No, sir. Commissioner Sanchez: Move to adjourn. Vice Chairman Teele: Always in order. To the citizens, we wish you all happy holidays and we will reconvene on January the 8th. Chairman Winton: Here, here. Vice Chairman Teele: Here, here. Mr. Arriola: Happy holidays. Vice Chairman Teele: Happy holidays. Meeting adjourned. NA.9 03-0384 DISCUSSION ITEM Barriers for Martin Luther King Parade MOTION R-03-1254 A motion was made by Vice Chairman Teele, seconded by Commissioner Sanchez, and passed unanimously, requesting the City Manager to meet with representatives ofMartin Luther King Committee to identify an appropriate vendor or source for barriers for the Martin Luther King parade; further stipulating that if there are no sources of funds, the City Manager is authorized to expend an amount not to exceed $5, 000 from the Disfrict 5 Special Events Account for the purpose of facilitating barriers and security. Chairman Winton: OK. Do we have anything else? Vice Chairman Teele: Mr. Chairman, I have two quick pocket items. One is very similar to yours, and that is a motion requesting that the City Manager meet with the Martin Luther King Committee to identify an appropriate vendor or source for barriers for the Martin Luther King Parade, and if there are no sources or funds, authorizing the Manager to expend -- not to exceed five thousand dollars ($5, 000) from the Disfrict 5 Special Events account for the purpose of facilitating barriers and security. I would so move. Chairman Winton: Second. Got a second. Commissioner Sanchez: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." Vice Chairman Teele: Mr. Chairman, it's my understanding that Bayfront Trust may even have barriers. Commissioner Sanchez: We don't have barriers. We have the stage. I don't believe we have barriers. For the whole parade? Vice Chairman Teele: Well, you know, OK. There ought to be some barriers somewhere around here. Joe Arriola (City Manager): Yeah. City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 NA.10 03-0385 Vice Chairman Teele: Don't the race people have barriers? Chairman Winton: That they store on our land, right? Yeah, I think so. Mr. Arriola: Which race people? Chairman Winton: The -- OK. Commissioner Sanchez: You want concrete barriers? We got plenty at Raceworks. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. DISCUSSION ITEM EXPOSITION 2004 - CONSUL GENERAL OF HAITI MOTION A motion was made by Vice Chairman Teele, seconded by Commissioner Regalado, and passed unanimously, acknowledging receipt of correspondence from the Consul General of Haiti for Exposition 24 to take place in April; further directing the City Manager to identify the cost, availability and other administrative issues associated with the project and to bring back a status report on this matter at the Commission meeting currently scheduled for January 8, 2004. Vice Chairman Teele: And the other is a resolution passed out. It's acknowledging receipt from the correspondence of the Consulate General of Haiti for an exposition (UNINTELLIGIBLE) to take place in April, and asking the City Manager to identify the cost, availability and other administrative issues associated with the project, and to report same on January 8th. I would so move. Commissioner Regalado: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. The motion carries. City ofMiami Page 95 Printed on 12/16/2004